Latest Fill Pile Charges See 3 In Court For Fairfield Case

FAIRFIELD, CT — Three of five defendants attended court proceedings Wednesday for the first time in connection with a series of November arrests related to contamination and mismanagement of the Fairfield fill pile.

Conservation Director Brian Carey, former public works superintendent Scott Bartlett and former public works director Joe Michelangelo appeared before Judge Kevin Doyle, who transferred their cases from Bridgeport’s Golden Hill Street facility to the Main Street courthouse.

“These are several matters involving various defendants,” Doyle said.

The trio, along with former human resources director Emmet Hibson and environmental contractor Robert J. Grabarek, were accused of illegally disposing of PCBs and conspiracy in connection with the construction of the fill pile berm in 2018, according to police. All five defendants authorized the use of PCB-contaminated material in the berm's construction, police said.

Michelangelo, Carey and Bartlett are also charged with illegal disposal of solid waste, receiving solid waste without a permit and an additional conspiracy charge after they allowed contaminated material dredged from Owen Fish Pond to be dumped at the fill pile while the berm was being built, according to police.

Wednesday’s court appearance was conducted via videoconference due to the coronavirus pandemic. The defendants were quiet, with Bartlett saying only, “Yes, I do,” when asked by the judge if he understood his cases were being moved to a new courthouse. Carey, who was placed on administrative leave the week of his arrest pending an internal investigation, appeared before the judge wearing a zip-up hoodie and a face mask.

Not present Wednesday were Hibson and Grabarek. Prosecutor Tamberlyn Chapman said the two had been assigned an initial court appearance in May — a total of six months after they were charged — and pushed to move up the date.

“I’ve had no luck with reaching out through the attorneys,” she said. “I don’t think, actually, that they have counsel, retained counsel.”

Doyle agreed an earlier date was appropriate, and determined Hibson and Grabarek would be asked to appear Feb. 11.

Carey, Bartlett and Michelangelo will be in court again Feb. 23, when they are expected to be arraigned. Michelangelo’s attorney, Eugene Riccio, said he anticipated Michelangelo would enter a not guilty plea on that date. Lawyers Fred Paoletti and Robert Golger, representing Bartlett and Carey, respectively, did not respond to a request for comment.

Bartlett and Michelangelo, along with former town contractor Jason Julian, are also scheduled to appear in court Friday for a separate set of charges.

In summer 2019, Michelangelo, Bartlett and Julian, of Julian Development, were arrested and accused of participating in a conspiracy to illegally run a dump for contaminated material at the fill pile and allow fraudulent billing, court records have shown. All three have pleaded not guilty and requested jury trials.

Additionally, Bartlett is set to appear Friday for a separate case related to accusations he stole thousands of dollars from a mentally disabled woman whose affairs he was appointed to manage following the death of her father.

Also charged in connection with the fill pile is Fairfield's former chief fiscal officer, Bob Mayer, who was arrested a year ago and accused of stealing a file related to the fill pile case and two folders on the Penfield Pavilion building project.

Fairfield hired Julian Development in 2013 to operate the fill pile and reduce the amount of unused project material on the site by 40,000 cubic yards. But over the next three years, the pile tripled in size, and days before the agreement was set to end, contaminants were discovered on the property. Police opened an investigation into activity at the pile in 2017.