Dec 5, 2003

Judge Was Target For Informing FBI, 2nd Detective Says

By JOHN W. ALLMAN and MICHAEL FECHTER
The Tampa Tribune

TAMPA - A second police detective says he, too, believes a sitting circuit judge has been set up on a plagiarism charge to discredit him as an FBI informant in a sweeping corruption probe at the Hillsborough County Courthouse.

The targets of the investigation would ``stop at nothing'' to keep Circuit Judge Gregory P. Holder from helping with the case, Detective Dolvin ``Bill'' Todd Jr. writes in an affidavit obtained by The Tampa Tribune.

Holder is fighting for his job - and his reputation - in the face of allegations that he plagiarized a research paper he wrote as an officer in the Air Force Reserve. He has vehemently denied the allegations but is scheduled to stand trial on them in January before the Judicial Qualifications Commission, the agency that polices Florida's judges. If the commission finds against him, Holder could be forced from the bench.

Todd's affidavit, dated Aug. 18, is the second to detail Holder's role through 2001 and 2002 as an undercover FBI informant in the corruption investigation. The other was written in October by Detective James W. Bartoszak, a former member of a joint federal and state task force running the corruption investigation.

Todd, like Bartoszak a respected Tampa police veteran, has spent the bulk of his career as a detective specializing in organized crime and drug investigations and has worked alongside federal agents.

Holder met secretly with agents at locations across Tampa, Bartoszak's affidavit says. Holder, in a separate document, said he gave agents hard evidence of corruption, including information about at least one bribe allegedly paid to a fellow circuit court judge.

Eventually agents came to believe that Holder's role as an informant had been discovered. They urged him to take precautions and gave him an FBI cell phone because they believed that his cell phone was being tapped. Holder also began carrying a gun.

In his affidavit, Todd says he knows who was being targeted in the corruption probe but does not name names or provide details.

``I warned Judge Holder that he should take extreme caution to protect not only himself but also his family as these individuals would stop at nothing to prevent his testimony and their possible indictment by federal authorities,'' Todd wrote.

``Based upon my knowledge of Tampa and these matters, it is my opinion that whoever provided [the allegedly plagiarized research paper to prosecutors] was attempting to derail the federal investigation and Judge Holder's testimony,'' Todd wrote.

Bartoszak expressed much the same view in his affidavit.

Status Of Probe Unclear

In other developments, Holder on Thursday stood by his assertion that the FBI has abandoned the corruption investigation without pursuing leads and evidence.

``I have no knowledge with respect to any continued investigation by the FBI,'' he said. But, he said, it is possible that state agents are continuing with the probe.

Holder complained to the U.S. Justice Department 13 months ago that FBI supervisors had halted the investigation, according to documents obtained Wednesday by the Tribune.

A Justice Department official wrote back that Holder's assertion was being turned over to the department's inspector general.

The FBI and the U.S. attorney's office remained tight- lipped Thursday. Neither will comment.

Moses Jordan, chief of investigations for the Tampa office of the Florida Department of Law Enforcement, said Wednesday that the corruption probe is active and that the FBI and FDLE are working together.

On Thursday, Tampa Police Chief Stephen Hogue sought to distance the department from the corruption investigation and Bartoszak's affidavit.

``It wasn't authorized by the police department; it was something he did on his own,'' Hogue said. ``I think it was more of a character reference. ... I think that's what he was trying to do.''

Hogue didn't know that Todd had also written an affidavit, he said. ``I haven't ever seen that one.''

Hogue said his only concern about Bartoszak's involvement is whether he might have compromised the corruption investigation.

``Nobody has told me this investigation is closed. ... I haven't been briefed on it by anybody at the FBI,'' Hogue said. ``My only concern was this was an open investigation.''

Bartoszak wasn't disciplined for not seeking permission from higher-ups before submitting the affidavit, Hogue said.

Holder Gets Colleagues' Support

As for Holder, he declined late Thursday to comment directly on Todd's affidavit, but said he had received broad support during the day after the disclosure of his letter to the Justice Department and Bartoszak's affidavit.

``Many of my colleagues have come by and been extremely supportive - judges, judicial assistants, clerks, bailiffs and support personnel,'' Holder said.

The corruption investigation is a labyrinth of allegations that include case-fixing, bribery, prostitution, loan-sharking and illegal gambling. Some elements of it have stalled in the past year. Others are ongoing.

The research paper that Holder is alleged to have plagiarized surfaced anonymously last year shortly after Holder wrote the Justice Department to complain about the corruption investigation. It soon reached Air Force investigators in Washington.

Holder wrote the paper as part of a process to win promotion from lieutenant colonel to colonel in the Air Force Reserve. He often spent weekends presiding over Air Force courts-martial as a judge advocate. The Air Force removed him as a judge advocate when the plagiarism accusation was made. Then the Judicial Qualifications Commission took up the case.

In his affidavit, Todd says he often uses computer technology in his investigations and oversaw an experiment to catch wanted people in Ybor City using remote TV cameras and facial-recognition software.

``I am aware ... that it is extremely simple, using current computer technology in the public sector, to produce what appears to be a plagiarized document,'' Todd wrote.

Todd declined Thursday to comment further.

``It's not appropriate to air it out in public until we resolve the other issues,'' Todd said.

Reporter John W. Allman can be reached at (813) 259-7915. Reporter Michael Fechter can be reached at (813) 259-7621.

This story can be found at: http://tampatrib.com/nationworldnews/MGAI828TTND.html

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