05/4/12

Husband Charged in 1984 Murder

Police have charged the husband of Elizabeth Gough Heath with murder.

Tuesday, May 1, 2012

John Heath in the Danbury Superior Court House for Heath's arraignment on a murder charge for the death of Heath's wife, Elizabeth, 28 years ago in Newtown.

The husband of a woman whose body was found inside a well under a barn in Newtown pleaded not guilty to a murder charge on Tuesday and is being held on $1 million bond.

John Heath, 68, of Bridgewater, was charged with the murder of his wife, Elizabeth Gough Heath,on Monday. He appeared in court wearing oxygen tubes, the News-Times reports.

Heath, whose daughter lives in Puerto Rico, according to the News-Times, was  ordered to hand in his passport.

Prosecutors said officials acted quickly to arrest Heath after a moving truck was spotted at his house over the weekend.

Elizabeth Gough Heath was reported missing in April 1984, just days after John Heath filed for divorce. She was 30 years old at the time.

John Heath reported his wife missing on April 6, 1984. According to court records, he told police she took off with $600 cash, but told several friends she left with no money.

A father and son found Elizabeth Gough Heath’s remains in April 2010 as they were renovating the barn at 89 Poverty Hallow Road.

They were working on breaking through badly damaged flooring when they found a covered well. Inside were pillows, a blanket, a pillow case and a bag containing what looked like a human femur.

Elizabeth had been wrapped in bedding and placed head-first into the hole in the barn with a plastic bag covering her skull, according to court records.

When police questioned John Heath, he said he renovated the barn in 1990 and used a jackhammer to open hole in floor to put a cast iron pipe under concrete, according to information from court. During the renovation, a relative asked him about what was under a concrete lid in the barn and he said it was an old septic tank and to leave it alone.

When police told John Heath that Elizabeth had a broken forearm and the bone was smashed, Heath said “Smashed like a…” He didn’t finish the sentence but raised and lowered his hands as he said “smashed” as if he was holding something, according to court records.

The medical examiner previously ruled Elizabeth’s death a homicide. She died from four blows to the head, the medical examiner determined.

Her left arm was broken, which authorities said was consistent with a defensive wound, and there was a traumatic amputation of her maxilla.

Land records show that John Heath owned the property until 2005, when he lost the property to foreclosure.

John Heath’s friends said he was a Vietnam Veteran with a volatile temper and still very disturbed by what he encountered in Vietnam.

http://www.nbcconnecticut.com/news/local/Arrest-in-28-Year-Old-Killing-149630485.html

05/4/12

Judge Took Calls About Grand Jury Investigation

April 30, 2012

Mary E. Badaracco, of Sherman, CT, missing since 8/20/84 morning. D.O.B 3/11/46, age 38. For Cold Cases story. (HANDOUT / May 25, 1974)

In the long, unsolved investigation into the suspected murder of Mary Badaracco, the role of Superior Court Judge Robert C. Brunetti stands out.

An alleged attempt to influence the judge led to the arrest of Badaracco’s ex-husband, Dominic Badaracco, on bribery charges — the first significant charges related to the 1984 disappearance and presumed murder of 38-year-old Mary Badaracco.

But the arrest also brought to light Brunetti’s connection with Dominic Badaracco.

A notorious unsolved cold case in Connecticut that still has a $50,000 reward attached to it, the Badaracco crime is well known to law enforcement and prosecutors in the Danbury area. No body, no weapon and no evidence of a crime has ever been discovered since the night of Aug. 20, 1984, when Mary Badaracco disappeared from the home in Sherman she shared with her husband. Badaracco has long declared his innocence. State police upgraded the case to a homicide investigation in 1990.

Judge Brunetti had been a golfing partner of Dominic Badaracco, who police say has been a suspect in his wife’s disappearance. Brunetti is also an old friend and golf partner of Ronald “Rocky” Richter, a close associate and former business partner with Badaracco. For 18 months in 2010 and 2011, a grand jury conducted a wide-ranging probe into Mary Badaracco’s death. Brunetti, a judge in the New Britain judicial district, was not connected with the grand jury investigation going on in New Britain, but Badaracco allegedly sought to use the judge to try to influence its outcome.

Grand jury probes are secret, but according to police investigators, Brunetti in the fall of 2010 began a series of conversations with Richter, just as the probe was getting underway. Eventually, after Badaracco allegedly offered a brazen $100,000 bribe to try to influence the case, Brunetti called the police. At the time, the judge told police that he hadn’t seen Badaracco for about five years.

Richter, described in a police affidavit as assisting Badaracco, has not been charged.

In late September of 2010, police say Richter called Brunetti — “Brunes” to his golf partners, police say — early one morning. Richter wanted to know what Brunetti could tell him about the investigation. Brunetti told him he didn’t know anything. According to investigators, Richter later called Brunetti again and the judge said he still didn’t know anything about a grand jury probe in New Britain.

During October of 2010, telephone records subpoenaed by state police investigators show that Richter and Brunetti talked on the phone six times. During this period, Brunetti, talking to colleagues in the New Britain judicial district, learned who was conducting the New Britain grand jury, according to police. In a mid-October conversation, police say Judge Brunetti told Richter about the Badaracco grand jury probe.

The arrest warrant for Badaracco describes another call — on Nov. 17, 2010 — about the grand jury. This time, it was Dominic Badaracco on the phone and asking for “help” from the judge. Dominic Badaracco, calling on Richter’s cellphone, had a blunt offer for Brunetti, according to investigators from the chief state’s attorney’s office and the state police:

“I’m only going to say this one time,” Badaracco allegedly told his former golf partner. “It’s worth a hundred Gs.”

The judge immediately ended the call and contacted the deputy chief court administrator, who told him to report the matter to Chief State’s Attorney Kevin Kane. Brunetti told police later that Badaracco “was asking me to have some sort of influence over the outcome of the grand jury … like sweep it under the rug.”

Through a department spokeswoman, Judge Brunetti declined to comment for this column. Kane would not comment about the murder investigation.

“Grand juries are confidential,” Kane said when I asked him about the now-closed grand jury probe into the Badaracco murder. “I’m happy if witnesses don’t come out and say anything.”

With Brunetti’s help, police collected more evidence about the alleged bribe attempt. This included recording a phone conversation between the judge, Badaracco and Richter and gathering bank records, though a grand jury subpoena, that show Badaracco had withdrawn more than $100,000 from his bank accounts in November of 2010. Badaracco was arrested April 16 on charges of bribery and offering an illegal gift.

If we had talked, I’d have asked Judge Brunetti why he ever had anything to do with a man police say is a suspect in the disappearance of Mary Badaracco. He also might want to explain why he was chatting about a confidential grand jury with someone outside of law enforcement. I’m also curious why the judge waited weeks before he contacted the state police and the state’s attorney about the calls he was getting from Richter, a man close to Badaracco.

Badaracco, meanwhile, pleaded not guilty to the bribery charges last week in Superior Court in New Britain. He remains free on a $150,000 bond and faces another court date on June 25.

The investigation into the murder of Mary Badaracco, law enforcement sources tell me, remains active.

http://www.courant.com/news/connecticut/rick-green/hc-green-judge-badaracco-0427-20120430,0,7459164.column

04/25/12

Man facing charges bribed judge??


Apr 2012, 5:58 PM EDT

NEW BRITAIN, Conn. (WTNH) — It was 1984 when Mary Badaracco disappeared from her Sherman home. Her daughter’s have long thought her husband, Dominic Badaracco, was responsible for her assumed murder.

“It’s like, what can I do, to break this case or to bring her home. I’ll go dig her up myself,” said Beth Profeta, Mary’s daughter.

Dominic appeared in a New Britain courtroom Wednesday, facing charges he offered $100,000 to Superior Court Judge Robert Brunetti, hoping to gain information about the grand jury investigation into Mary’s death. Well-known attorney Richard Meehan is Badaracco’s attorney.

“There was absolutely no finding by the grand jury that there was any reason to charge Dominic Badaracco with anything to do with Mary Badaracco,” said Meehan. “So it begs the question, why would he feel the need to interfere with the process?”

The arrest warrant details one conversation in 2010 between Badaracco and Judge Brunetti in which Dominic says, “I’m only gonna say this one time…it’s worth a hundred G’s.” Judge Brunetti notified authorities.

“Our position is these conversations did not take place in this manner, he denies he tried to bribe a judge,” Meehan said.

News 8′s Jamie Muro asked Meehan if he thought the judge lied to state prosecutors.

“I don’t know what the judge did in respect to state prosecutors, because all I’ve read is what’s in an arrest warrant,” Meehan said. “Until we read grand jury testimony, I don’t know what his position is.”

Meehan also says Badaracco is deaf in one ear, and the arrest warrant clearly points out there was difficulty with the clarity of the phone calls. Mary has never been found. Meehan says his client has no idea where she is, but Mary’s daughters obviously feel differently.

“Something bad happened in that house, between her and her husband, and they hid her,” said Sherrie Passaro, daughter. “She was killed and they hid her and refuses to tell the truth.”

And while Mary Badaracco’s family continues to struggle with the lack of answers in this case, they are not alone.

There are more than a dozen cold and unsolved cases in our state that continue to perplex investigators and family members. You can read about those cases online

04/25/12

Badaracco pleads not guilty to bribery charge

John Pirro
Updated 11:40 a.m., Wednesday, April 25, 2012

Dominic Badaracco is arraigned on bribery charges Wednesday, April 25, 2012 in Superior Court in New Britain. Badaracco was represented by attorney Richard Meehan.

NEW BRITAIN– Dominic Badaracco Sr. pleaded not guilty Wednesday morning to charges that he offered a $100,000 bribe to a state Superior Court judge in exchange for “help” influencing a grand jury investigating the presumed murder of his wife, Mary Badaracco, who vanished from their Sherman home in 1984.

The case was continued to June 27.

It was the first case called before Judge Hillary Strackbein in New Britain Superior Court. Badaracco, wearing black pants and a black sweater, did not speak. The plea was entered on his behalf by his attorney, Richard Meehan, who filed a motion for release of the grand jury’s transcripts and wiretap information to help prepare his defense.

The judge granted the motion, but also agreed to a request by Assistant State’s Attorney Michael Gailor to limit release of the grand jury information to the defense and not make it available to the public.

Badaracco, 76, was arrested last week and charged with offering the bribe to state Superior Court Judge Robert Brunetti. Badaracco’s wife, Mary, was 38 when she vanished from their Wakeman Hill Road home in Sherman in August of 1984.

Dominic Badaracco has long claimed that his wife left him voluntarily, taking with her more than $100,000 he had stashed around their home, leaving behind only her wedding ring and her 2-year-old Chevy Cavalier.

State police for years treated her disappearance as a missing person case, but under pressure from her two adult daughters, Beth Profeta and Sherrie Passaro, the case was eventually reclassified as a homicide in 1990.

The investigation proceeded in fits and starts since then, but burst into prominence about four years ago when investigators began excavating backyards in New Fairfield and Newtown, as well as Badaracco’s home in Sherman, looking for her body or other evidence that would solve the mystery.

Dominic Badaracco Sr.

Badaracco was considered “a suspect in the homicide and a possible target” of the grand jury that began meeting in August 2010, according to the arrest warrant affidavit charging him with illegally offering a gift to a public official.

According to the affidavit, Badaracco used the cell phone of his former business partner, Ronald “Rocky” Richter, to offer the bribe to Brunetti “for his assistance in influencing” the grand jury probe into Mary Badaracco’s death.

Both Badaracco and Richter had been clients of Brunetti when the former prosecutor, who was appointed to the bench in 2002, was in private practice in Danbury, and they had maintained a “friendly relationship” over the years, occasionally playing golf together, the warrant said.

Brunetti is now a judge in state Superior Court in Bristol, but he was not involved in the grand jury investigation prior to the alleged bribe attempt.

“I’m only gonna say this one time … it’s worth a hundred G’s,” Brunetti quoted Badaracco as saying in a statement he gave to a state police detective and an inspector from the chief state’s attorney’s office in November 2010, about three months after the grand juror, Judge William Hadden, began hearing testimony at the New Britain courthouse.

04/25/12

Dominic Badaracco to Face Judge on Bribe Charges

View more videos at: http://nbcconnecticut.com.

Police said Dominic Badaracco tried to bribe a judge.
Wednesday, Apr 25, 2012

A Sherman man accused of trying to bribe a judge to influence the year-and-a-half-long grand jury probe into the death of his ex-wife, Mary Badaracco will be in court on Wednesday.

According to state police, Dominic Badaracco, 76 offered a Superior Court judge $100,000 in November 2010.

In August 2010, an investigatory grand jury was appointed to investigate the homicide of Mary Badaracco and Dominic Badaracco was considered a suspect and possible target of the grand jury, according to the affidavit.

The judge occasionally played golf with Badaracco and his business partner, according to court documents. And Badaracco called him in November 2010, asked for “help” and said, “I’m only gonna say this one time … it’s worth a hundred Gs.”

The judge hung up the phone and reported the conversation.

“I understood it was about the Badaracco murder and he was asking me to have some influence over the outcome of the grand jury … like sweep it under the rug,” the judge told police, according to the affidavit.

Dominic Badaracco has maintained his innocence.

Mary Badaracco’s daughter has mixed emotions about the arrest.

“If he is still innocent, why would he need to bribe a judge to make it go away,” Mary’s daughter said. “Through this, anyone who has tried to hinder the investigation should be held accountable.”

Badaracco’s daughters reported her missing on Aug. 31, 1984 because they had not heard from their mother for several days.

Dominic told Mary’s daughters he’d last seen their mother on Aug. 20 and she had packed up all her belongings and left the house, according to the arrest warrant application.

Mary’s car was still in the driveway and the windshield was smashed, according to court records.

Dominic divorced Mary in August 1985, a year after she disappeared.

In 1991, Mary was declared legally dead and the case remains open.

Badaracco has been charged with offering an illegal gift, was released on $150,000 bond.

No one answered the door at Dominic Badaracco’s house when NBC Connecticut attempted to speak with him.

State police executed search warrants at the house in February and used heavy equipment to dig up parts of the yard. Nothing was found.

http://www.nbcconnecticut.com/news/local/Dominic-Badaracco-to-Face-Judge-on-Bribe-Charges-148856915.html

04/21/12

Warrant missing in Badaracco case

Saturday, April 21, 2012
REPUBLICAN-AMERICAN

NEW BRITAIN [Dash] A search warrant used to collect information in a state police investigation that led to the arrest of Dominic Badaracco of Sherman on bribery charges is missing.

The document was filed in New Britain Superior Court, according to Rhonda Stearley-Hebert, a spokesman for the external affairs office of the state’s judicial system. State police said it wasn’t sealed.

It was filed, along with a warrant that lead to the arrest of 76-year-old Badaracco. The warrant claims Badaracco withdrew more than $100,000 from a personal account. Police contend he offered Judge Robert Brunetti “a hundred Gs” to “help” him with a grand jury investigation into the unsolved homicide of Badaracco’s former wife, Mary in 1984.

The search warrant was used by state police to search Badaracco’s Sherman home for supportive documents used in their investigation. An original copy is on file at the Chief State’s Attorneys Office.

Brunetti was not involved in the grand jury, but is a longtime friend of Badaracco’s business partner, Ronald “Rocky,” Richter of Danbury.

Badaracco, who was the last person to see his wife Mary alive, has been named as a suspect in her murder.

Brunetti, a Superior Court judge, said he received a personal call from Badaracco at his home on the morning of Nov. 17, 2010, but hung up on him. The grand jury, which launched an investigation that fall, concluded its secret investigation recently without making any arrest.

04/20/12

COURT INFO- ARREST OF DOMINIC BADARACCO

Docket Information
Docket No:H15N-CR12-0263152-SProgram: Court:Arresting Agency:Arrest Date:Bond Amount:Bond Type:

Activity: Arraignment Next Court Date: 4/25/2012 10:00 AM

Miscellaneous: New Britain GA 15 CSP TROOP A 4/18/2012$150,000 (This case only)Professional Surety (Released From Custody)Companion:

Defendant Information
Last, First:Birth Year:Times on the Docket: Represented By:BADARACCO DOMINIC JOSEPH SR 19391

Current Charges

Statute Description Class Type Occ Offense Date Plea Verdict Finding
53a-147* BRIBERY C Felony 1 11/17/2010
1-84(f) IL OFFER PUB OFF/STAT EMP GIFT A Misdemeanor 1 11/17/2010
04/20/12

CSAO: Sherman Man Charged in Alleged Bribery Attempt

Sherman Man Charged in Alleged Bribery Attempt

Connecticut State Police today announced the arrest of Dominic Badaracco, age 76, of 25 Wakeman Hill Road, Sherman, on a warrant charging him with one count of Bribery and one count of Offering an Illegal Gift.

On November 22, 2010, the Chief State’s Attorney’s Office notified the State Police Western District Major Crime Squad that an individual had contacted a court officer offering money to that court officer for assistance with some legal issues. The judge who was the target of the bribe rejected the offer and immediately reported the attempted bribe.

The Chief State’s Attorney Office requested State Police investigative assistance in conducting the investigation into this bribery case.

State Police Detectives and Inspectors from the Office of the Chief State’s Attorney conducted an extensive criminal investigation into the bribe allegation. Investigators gathered facts and information in this case that led to the submission of an arrest warrant application to Superior Court for the arrest of Mr. Badaracco.

The charges against Badaracco are merely accusations, and he is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Mr. Badaracco surrendered today to investigators at State Police Troop A in Southbury where he was processed and released on a court set bond of $150,000. He will be arraigned on April 25, 2012, in Superior Court, G.A. No. 15, New Britain.

Bribery is a class C felony punishable by a term of not less than one nor more than 10 years in prison and/or a fine of up to $10,000. Offering an Illegal Gift is a class A misdemeanor punishable by up to one year in jail and/or a fine of up to $2,000.

Content Last Modified on 4/18/2012 3:36:55 PM

http://www.ct.gov/csao/cwp/view.asp?a=1801&q=502758

04/20/12

Victim’s daughters: Arrest not enough

Dirk Perrefort
Updated 10:20 p.m., Thursday, April 19, 2012

Beth Profeta, 46, puts up a poster remembering her mother Mary Badaracco who disappeared from her Sherman home 26 years ago. Sunday she and her sister Sherrie Passaro held a memorial to remember their mother along with other people that are also missing

SHERMAN — One day after a Sherman man who is considered a suspect in the homicide of his wife was charged with bribery, questions remained Thursday about whether more arrests would follow.

Dominic Badaracco, 76, was arrested Wednesday and charged with offering a $100,000 bribe to state Superior Court Judge Robert Brunetti in exchange for “help” influencing a grand jury investigating the death of Mary Badaracco, Dominic Badaracco‘s wife, who disappeared in 1984 from their Wakeman Hill Road home.

Her disappearance was later ruled a homicide.

Court records state Dominic Badaracco was “a suspect in the homicide and a possible target” of the grand jury investigation.

The arrest warrant affidavit also indicates Badaracco’s former business partner, Ronald “Rocky” Richter, helped put Badaracco in contact with Brunetti.

State Victim Advocate Michelle Cruz launched an investigation into the grand jury after she received a complaint from Mary Badaracco’s daughters, Sherrie Passaro and Beth Profeta. Cruz said her biggest concern is whether people who might have assisted in the alleged bribe would be brought to justice.

“It’s a serious miscarriage of justice just to try and influence a judge or a grand jury,” Cruz said. “It’s fabulous that this man is being held accountable, but there were two people involved in the bribery attempt. I’m hoping that as the days continue more arrests will come.”

When contacted by The News-Times on Thursday, Richter said, “I have nothing to say.”

Passaro and Profeta said they called Cruz several weeks ago after they learned the grand jury had concluded and no arrests appeared to be forthcoming.

“If the bribery attempt happened in 2010, then why the hell did we have to wait all this time for (Badaracco) to get arrested?” Profeta asked. “People are still protecting him and that’s wrong. Someone needs to be held accountable.”

Cruz said she has not heard from the Chief State’s Attorney’s Office about a reason for the delay.

“Obviously, if there was an arrest early on, anyone making statements to the grand jury would know that this type of behavior would not be tolerated, and efforts to obstruct the grand jury would be taken seriously,” she said.

Cruz said she was concerned about information that at least one person who testified before the grand jury may have committed perjury.

“Anyone who perjured themselves should be arrested,” Cruz said.

Profeta and Passaro said they were told by the prosecutor, Assistant State’s Attorney Christopher Alexy, that he knew people had perjured themselves.

When asked earlier this month about the daughters’ statement, Alexy said, “I can’t comment on anything they said. The grand jury has been completed, a report has been filed and sealed by order of the judge.”

Cruz said she sent a letter to the Chief State’s Attorney’s Office earlier this month asking whether an arrest is forthcoming in the homicide and questioning the ramifications for those who may have perjured themselves on the stand.

Cruz said Thursday she has not received a response.

Officials with the Chief State’s Attorney’s Office declined to comment Thursday on whether more arrests coming, or the reason for the delay in arresting Badaracco, who is free on $150,000 bond. He is scheduled to be arraigned Wednesday in state Superior Court in New Britain.

“Because this is a pending matter, we won’t have any comment on any aspect of the case,” Deputy Chief State’s Attorney Len Boyle said.

Criminal attorney Hugh Keefe, who is not involved in the case, said it is hard to know the state’s motives for continuing the grand jury investigation after the alleged bribery attempt.

Civil rights attorney John Williams said it is not uncommon for arrest warrants to be handed down months after a grand jury is done.

He said perjury is a hard crime to prosecute.

“It’s not surprising to have a situation where a prosecutor thinks someone perjured themselves but doesn’t get a warrant,” said Williams, who is not involved in the case.

Williams and Keefe said allegations of attempting to bribe a Superior Court judge are “extremely” rare in Connecticut.

“I can’t remember a direct bribery case of a Superior Court judge in Connecticut,” Keefe said.

dperrefort@newstimes.com; 203-731-3358

 

More Information

According to the arrest warrant: August 2010: Grand jury is appointed to investigate Mary Badaracco’s death. Oct. 1: Grand jury begins hearing evidence. Nov. 15: Dominic Badaracco withdraws more than $120,000 from a retirement account. Nov. 17: Badaracco calls Superior Court Judge Robert Brunetti asking for “help” with the grand jury, stating, “it’s worth a hundred G’s.” Nov. 18: Brunetti meets with judicial officials to report alleged bribe. Dec. 2: Brunetti agrees to participated in a taped telephone conversation with Badaracco. Dec. 3: Planned meeting between Brunetti and Badaracco does not happen. June 17, 2011: State police execute a search warrant at Badaracco’s Sherman home, seize cash and bank account information. June 27: Webster Bank subpoenaed for Badaracco’s bank records July 6: Documents received by investigators reveal Badaracco’s Nov. 15, 2010 withdrawal. November: Grand jury concludes. April 18, 2012: Dominic Badaracco arrested on a bribery charge

http://www.ctpost.com/default/article/Victim-s-daughters-Arrest-not-enough-3495984.php