May 1, 2006

Lawyers Look Into Leaks in Wiretap Case

By THE ASSOCIATED PRESS

Filed at 7:53 p.m. ET

LOS ANGELES (AP) -- Troubled by leaks to the media, a federal prosecutor said Monday he would delay filing grand jury transcripts and other crucial documents in the case of an indicted Hollywood private eye because he fears the material will ''end up on the front page.''

Assistant U.S. Attorney Daniel Saunders also confirmed during the federal court hearing that the U.S. Justice Department had launched an investigation to determine who leaked confidential FBI reports to The New York Times.

The wiretapping case against private detective Anthony Pellicano and other defendants has drawn in a growing list of celebrities, and with them increasing media attention.

The confidential information began showing up two weeks ago in the Times, which cited FBI interviews with top Hollywood power brokers.

''We have no confidence that these will not end up on the front page of the newspaper,'' Saunders told U.S. District Judge Dale S. Fischer on Monday in saying he would delay other filings.

A number of lawyers attended the hearing to say neither they nor their clients were responsible for the leaks. Some said they had not even seen the files before the material began appearing in print.

''Let me say unequivocally this did not come from the Pellicano camp or on the directive of Mr. Pellicano,'' said attorney Steve Gruel, who represents Pellicano. ''I did not have these materials when they started appearing in the paper.''

The judge said she was not convinced there had been a violation of her protective order limiting access to the information to prosecutors, investigators, defense attorneys and their clients.

She advised lawyers to file written motions if they want her to act on the leaks issue.

Pellicano is suspected of being the kingpin of a ring that used threats and blackmail while digging up dirt to help celebrity and other clients in legal disputes.

''Die Hard'' director John McTiernan pleaded guilty in April to making false statements to an FBI agent. Former Hollywood Records president Robert Pfeifer admitted hiring Pellicano to wiretap the phone of his former girlfriend.

At Monday's hearing, attorney Terree Bowers, who represents defendant Terry Christensen, a longtime attorney for MGM mogul Kirk Kerkorian, complained about the government's plan to delay filing information.

Many of Pellicano's tapes have yet to be turned over to the defense, Bowers said.

The U.S. Justice Department probe of the leaks was requested by attorney Terry W. Bird, whose clients include divorce lawyer Dennis M. Wasser, another of Kerkorian's lawyers. Wasser has not been charged with a crime, but authorities have named him as a person of interest in the case.

Gruel complained that by cutting off the filing of government documents, Saunders was trying to blame defense attorneys for the leaks. He asked the judge to order the government not to go forward with its leak investigation until motions are filed in court.

''I don't have the power to tell the Justice Department what it can and can't do,'' the judge said.

She scheduled another hearing for May 22.


http://www.nytimes.com/aponline/arts/AP-Hollywood-Wiretaps.html?_r=1&oref=slogin