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Published: December 11, 2008
TAMPA - A federal judge is scheduled to decide today whether an undercover agent who posed as a hit man known as "Reaper" can testify behind a screen to protect his identify.
The agent is a key witness in the trial of Randy Nowak, 49, a construction company owner from Mulberry who is accused of plotting to kill IRS officer Christine Brand.
Prosecutors claim 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.
Nowak told an informant he was willing to pay $75,000 for the job because the IRS was "out of control," an affidavit states.
An informant introduced Nowak to the Reaper, and Nowak provided details about Brand's location and appearance. Court papers claim Nowak gave the agent an envelope containing $10,000.
Prosecutors have asked U.S. District Judge James Moody to allow the agent to testify behind a screen and use a pseudonym. They claim the agent is involved in other undercover investigations that could be compromised if he is seen.
Assistant U.S. Attorney Amanda Riedel suggested erecting a screen in the courtroom to block spectators' view of the agent but allow the defendant, attorneys, prosecutor and judge to see the Reaper.
Defense attorney William Sites said he would not object as long as Nowak, Sites, the judge, the jury and Nowak's family could see the agent and as long as the agent's true identity is disclosed to the jury.
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