Woman offers to drop suit against Stonington if alleged photos are released

Stonington - The Pawcatuck woman who has sued the town and First Selectman Ed Haberek after he allegedly sent her sexually graphic photos of himself using his town-issued Blackberry, has offered to release the town from the lawsuit if Haberek meets several conditions.

According to the offer, Haberek must immediately turn over the photos that he allegedly sent to Tracy Swain on Jan. 12, 2010, admit that he used the Blackberry device to do so and provide documentation about the time he sent the photos and where he was at the time. Swain has said Haberek told her he was in his Town Hall office when he sent the photos.

Haberek and the town have fought Swain's legal attempt to obtain evidence of the photos from Verizon, the town's cell phone provider. Last week the town said it would no longer fight the release of those records, in hopes of extricating itself from the suit.

If Haberek will not agree to these terms, Swain's attorney Scott Camassar of North Stonington, has offered the town another way out of the suit.

In this scenario, Haberek must agree to pay for an analysis of the Blackberry, computer and other devices that were in his possession on Jan. 12, 2010 by an independent computer forensics expert. Only the three parties in the suit would have access to the information and "any data unrelated to this incident need not be disclosed" according to the offer.

In addition, Haberek must consent to the release of material seized by state police with a search warrant after Swain made a complaint about the incident. Police found that no crime had been commited.

He must also agree to an attachment of his property and assets unless he demonstrates proof of adequate insurance to cover any potential damages that could be awarded.

Camassar outlined terms of the two deals in a letter to Town Attorney Thomas Londregan today. He said if Haberek does not agree to either scenario, then Swain will continue to proceed with the lawsuit against the town and Haberek.

Last week Board of Finance members expressed concern about why the town was embroiled in a lawsuit when it was Haberek's alleged personal conduct that caused it. Members were also worried about how much the suit could eventually cost the town.

Camassar's offer comes as the Board of Selectmen meets tonight at 7 p.m. at the police station. Some residents are expected to address selectmen about the issue.

Selectman George Crouse and Glee McAnanly have said they have not yet decided if they will ask Haberek to recuse himself from such discussion. Both have said they need to obtain more information about the case.