Posted: Dec 12, 2012 10:16 AM
Source: Associated Press
NEW ORLEANS - A federal prosecutor has withdrawn from the case against a landfill executive charged with plotting to defraud a construction management company.
A lawyer for River Birch executive Dominick Fazzio had asked a judge to recuse Assistant U.S. Attorney Greg Kennedy from the case, claiming Kennedy failed to disclose that he knew another prosecutor had been anonymously posting comments on a newspaper's website.
In a court filing Tuesday, Justice Department attorneys say Kennedy hasn't engaged in any misconduct but is voluntarily withdrawing from the case to avoid further distractions.
Former U.S. Attorney Jim Letten's office recused itself from Fazzio's case in April following the resignation of veteran prosecutor Sal Perricone, who admitted he had been anonymously posting comments about judges, politicians and cases. Kennedy was allowed to remain on the case.