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Stonington - The Pawcatuck woman who is suing First Selectman Ed Haberek for allegedly sending a "sexually graphic photo" of himself to her in January 2010, is asking a judge to attach $500,000 of his assets in case his insurance does not cover damages to her.
In his motion, the attorney for Tracy Swain, Scott Camassar, said that there is reason to believe that Haberek and wife Maureen have been separated since January, plan to be divorced and that Haberek may be attempting to sell their Moss Street home and other property.
The motion alleges that the couple will file for divorce in Rhode Island "in attempt to hide the action from the public and plaintiff" and prevent Swain from attaching the home and other assets in the event Haberek is ordered to pay damages to her. It added the divorce filing is an attempt "to shield or dispose of assets" in case Haberek does not have adequate insurance to pay the award.
The motion states that because there is probable cause a court will render a judgment in favor of Swain, she is asking that the court issue a "prejudgment remedy" to attach $500,000 in property, investments and partnerships Haberek has interest in.
In addition, Camassar has filed a second motion which asks a judge to order Haberek to disclose information from 2010 to the present about his tax returns, properties he has interest in and their value, financial affidavits, property transfers, debt, bank accounts, investments and partnerships.
Camassar said he expects Haberek's attorney Dado Coric, who could not be reached for comment Monday, to object to the motion. He said a judge would have to hold a hearing to decide whether to issue a prejudgement remedy and attach Haberek's assets.
Camassar said depositions of Haberek and other town officials are being scheduled.
Swain has also sued the town, which has already filed three special defenses, including one in which it has said any alleged inappropriate actions by Haberek were "outside his duties, responsibilities, scope and capacity as first selectman."
In November, a judge rejected the town's attempt to get itself removed from the lawsuit. That ruling meant the case could proceed.
Camassar has offered the town two ways to get out of the lawsuit, but those involved Haberek admitting to Swain's allegation of the photo or turning over potential evidence in the case.
The town's insurance company is providing an attorney to represent it. The company would likely pay damages, if any are awarded, according to town officials.
Haberek has acknowledged that on dates prior to Jan. 12, 2010, he sent Swain numerous emails, text messages and Facebook messages from his computer, phone and BlackBerry.
But he has denied that when she told him to stop sending the messages, he sent her the "sexually graphic photo of himself" using his town-issued BlackBerry.
Swain has said the alleged photo caused her emotional distress and physical illness such as migraine headaches. She said these problems are expected to continue and have impaired her ability to enjoy life.