PROSECUTORS KEEP EVIDENCE SECRET

Suspects Use Officer's Trial As Test, They Say

TAMPA - Federal prosecutors are withholding evidence from a Plant City
police officer because they believe he will share it with other suspects in
the corruption scandal.

Arthur Eggers, an attorney for Officer Armand Cotnoir, filed a motion in
U.S. District Court on Wednesday complaining about the government's conduct.

The U.S. attorney's office is withholding basic evidence, called discovery,
because it is worried about a potential conflict of interest with Eggers.
They say other suspects are using Cotnoir's case as a "test case" to get a
sneak peek at the government's evidence, according to court documents.

The issue likely will go to a federal judge.

Cotnoir was indicted last month by a federal grand jury on charges of
conspiracy, deprivation of civil rights, obstruction of justice and
concealing knowledge of a felony.

Two other officers, who were members of a special drug unit with Cotnoir,
have pleaded guilty. Authorities accuse the unit of using false warrants,
stealing property from suspects, and using other misleading and illegal
tactics to build cases.

The probe is widening. All city commissioners and City Manager Phil Waldron
have been subpoenaed by the grand jury.

The government has made no secret of the fact that more arrests likely are
coming in this case, according to court documents.

"Certain co-conspirators who we know Cotnoir has evidence against appear to
be seeking access to the discovery in Cotnoir's case in order to determine
what (if any) evidence the United States possesses with regard to their own
culpability", lead prosecutor Jeffrey Del Fuoco wrote in a letter attached
to Eggers' motion.

"Unfortunately it has been determined that these same persons and/or
entities may be responsible in large measure for authorizing the payment of
your fee from public funds," Del Fuoco wrote.

The city agreed to pay attorney's fees for employees called to testify
before the grand jury - so far more than $48,000. Of that, $7,500 was paid
to Eggers. Now that Cotnoir has been indicted, state law prohibits the city
from paying his attorney's fees.

"The government is trying to suggest that some sort of conspiracy is
afloat, and obviously there's not " said lawyer Ronald Cacciatore, who
represents the police department and Chief Bill McDaniel. "That's how the
case has been run from the beginning. People's names are smeared, and they
are not charged with a crime," Cacciatore said.

Del Fuoco said he will seek a protective order barring Eggers from sharing
evidence with other suspects. But Eggers wants a judge to order Del Fuoco
to turn over the evidence now.