Lawyer Says He Gave Convicted Reporter Videotape in Corruption Inquiry

BOSTON, Dec. 1 - A lawyer in Providence, R.I., has come forward to say he was the source of an F.B.I. videotape that led to the criminal conviction of a television reporter who had refused to identify the person who gave it to him, according to court documents filed on Wednesday.

The lawyer, Joseph Bevilacqua Jr., admitted under oath that he provided the reporter, Jim Taricani, with a videotape that was part of an investigation into widespread corruption in Providence government. Mr. Taricani was convicted of criminal contempt on Nov. 18 for refusing a judge's order to name the source of the tape.

Mr. Taricani, who broadcast the tape in 2001, on WJAR-TV, an NBC affiliate, said he refused to break a promise of confidentiality to the source.

Mr. Bevilacqua, who represented the city tax assessor in the corruption investigation, told the special prosecutor who is investigating the leak, Marc DeSisto, on Nov. 24 that there was never a promise of confidentiality between him and Mr. Taricani.

Mr. Bevilacqua said he signed a confidentiality waiver in 2002 that let Mr. Taricani disclose his identity and urged Mr. Taricani to do so several times from then until the morning of his conviction.

Mr. Bevilacqua said Mr. Taricani, instead, urged him to "maintain his silence," the documents said. Mr. Bevilacqua, under oath in 2002, denied being the source, after having previously promised Mr. Taricani that he would not disclose his role in providing the tape, the documents show.

"Mr. Bevilacqua did not request any promise of confidentiality from Mr. Taricani in exchange for the videotapes," the documents said.

Mr. Bevilacqua said he did not come forward earlier because "Mr. Bevilacqua gave Mr. Taricani his word that he would not identify himself."

Mr. Bevilacqua, who the documents said obtained the tape through legal discovery, came forward voluntarily last month after learning that he was in the process of being subpoenaed.

Mr. Taricani confirmed on Wednesday that Mr. Bevilacqua provided him with the videotape, but rejected the assertion that Mr. Bevilacqua never asked to be protected, saying he was surprised and disappointed by the statement.

"It is unfortunate that the pressure created by the current circumstances has led Mr. Bevilacqua to say that he did not insist I keep his name confidential," Mr. Taricani said in a statement. "I would never have jeopardized my health and reputation, and put my family and my company through this ordeal, if my source had not required a promise of confidentiality."

Mr. Taricani, 55, who had two heart attacks 18 years ago and a heart transplant in 1996, said his health was his greatest concern. He is to be sentenced on Dec. 9 and faces up to six months in prison.

Mr. Bevilacqua's disclosure does not alter the conviction, but it could be a factor for the judge to weigh in sentencing, a lawyer in the case said. Mr. Taricani had earlier been fined $85,000, which NBC reimbursed.

"Mr. Bevilacqua repeatedly insisted that I keep his name in confidence," Mr. Taricani said, "despite the fact that he had signed a waiver. He told me he had to sign the waiver. Otherwise it would have raised suspicions that he was my source. As a result, I upheld my promise to him. Mr. Bevilacqua's allegations that it was not necessary for me to keep his confidence are simply untrue."

Chief Judge Ernest C. Torres of Federal District Court in Providence said last month that his sentencing could be swayed by how Mr. Taricani responded to a question about whether he knew the source was giving him the tape illegally. Mr. Taricani and his lawyers said they had not decided whether to answer. He received the tape in December 2000, after Mr. Bevilacqua had stopped representing the tax assessor, Joseph A. Pannone.

The tape was evidence in the corruption investigation, Operation Plunderdome. It led to the conviction of at least nine city officials, including Mayor Vincent A. Cianci Jr., who is serving a 64-month sentence for racketeering.

Mr. Cianci's top aide, Frank E. Corrente, appeared on the video in question, taking a $1,000 bribe at his desk in City Hall. He and Mr. Pannone were convicted of corruption.

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