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Shield Sought For Undercover Agent In Murder-For-Hire Trial

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: November 19, 2008

TAMPA - Who'll see the Reaper?

That's up to a federal judge.

An undercover FBI agent who used the name Reaper is scheduled to testify in a trial in December of a Polk County man accused of trying to hire the Reaper to kill an IRS officer.

Randy Nowak, 49, a construction company owner from Mulberry, is accused of plotting to kill revenue officer Christine Brand because he stood to lose $4 million he had hidden in a bank account in Jamaica, according to a federal complaint. 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 sates.

The informant introduced Nowak to the Reaper, and Nowak provided details about Brand's location and appearance. Nowak gave the undercover agent an envelope containing $10,000, according to the affidavit. Authorities say the conversations were recorded.

A federal prosecutor has asked U.S. District Judge James Moody to allow the agent to testify behind a screen and use a pseudonym because the agent is involved in 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.

Sites says in his filing that it is possible for people in the gallery of the courtroom to view the proceedings through a closed-circuit split-screen video link in another room. The agent's face could be blurred on the video feed, Sites says.

The Ledger, a newspaper in Lakeland, filed an objection, asking that one of its reporters be allowed to view the agent as well.

"A reporter from the newspaper as the surrogate of the public should be allowed to monitor the proceedings so that the credibility of the witnesses is assessed by a neutral observer," states a court filing by attorney Gregg Thomas, who also represents Media General, the owner of The Tampa Tribune, TBO.com and News Channel 8.

"Any closure of a public trial is an extreme remedy that should be entered only in the most exceptional of circumstances and under the most narrow of conditions," Thomas adds. "Allowing a representative of The Ledger the same un-obstructed view of the undercover officer as the court, the jury, the defendant, defense counsel and the defendant's family will not pose a serious threat and will appropriately limit any closure so that the public's right of access is adequately protected along with the undercover officer. Moreover, having a neutral observer of the proceedings vindicates the critical role of the public in monitor a criminal trial where the liberty of the defendant is at stake."

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