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1 Reporter Cleared To See Undercover Agent In Polk Hit Case

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By TOM BRENNAN | The Tampa Tribune

Published: December 11, 2008

TAMPA - One member of the media can see the face of an undercover agent who authorities say posed as a hit man known as "Reaper" willing to kill an IRS agent for a Polk County man.

The FBI agent will be a key witness against Randy Nowak, 49, a construction company owner from Mulberry who is accused of plotting to kill IRS officer Christine Brand.

U.S. District Judge James Moody Jr. said the agent will testify from behind a screen. Today he ruled that one media representative – along with jurors, the defendant and his attorneys and family and prosecutors – may look behind the screen.

Everyone else will watch the undercover agent testify on closed-circuit television in another room, and the agent's image will be blurred.

The judge was convinced that the precautions are necessary to protect the agent and investigations in which he is active.

The Ledger, a newspaper in Lakeland, filed paperwork asking that one of its reporters be allowed to watch the agent testify.

"Tell me why The Ledger needs to look at this guy?" Moody asked Gregg Thomas, the newspaper's attorney. Thomas also represents Media General, the owner of The Tampa Tribune, TBO.com and News Channel 8.

Thomas said the media representative would be a surrogate for the public and that it is important to see the witness to gauge his testimony. He also argued that Nowak's family poses more of a threat than a reporter.

Nowak is accused of offering $75,000 for the hit because the IRS was "out of control," court papers allege.

Prosecutors say Nowak stood to lose $4 million he had hidden in a bank account in Jamaica.

The IRS says he also owed $300,000 in personal income tax obligations and four years of corporate tax returns.

An informant introduced Nowak to Reaper, and Nowak provided details about Brand's location and appearance. Court papers state that Nowak gave the agent an envelope containing $10,000.

Assistant U.S. Attorney Amanda Riedel said the agent is averse to making any public appearance.

"He feels his life and the life of his family are at risk," she said.

Moody said the FBI could do background checks and question any potential media representative.

The judge left it to Thomas to work out the details.

Moody denied a defense request to prevent the jury from hearing a portion of the tape of the meeting with the agent in which he discusses burning down a local IRS office.

Riedel argued it would help establish Nowak's motive; the judge agreed.

The prosecutor said some of the ongoing investigations involve Polk and surrounding counties.

Moody also agreed to let the agent use the back doors of the courthouse and courtroom to avoid exposure.

Reporter Tom Brennan can be reached at (813) 259-7698 or tbrennan@tampatrib.com.

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