Published September 25. 2013 4:00AM Updated September 26. 2013 12:16AM
Stonington - First Selectman Ed Haberek said Tuesday that he plans to countersue Tracy Swain and that he has "definitive" proof that he never sent her sexually graphic photos of himself using his town-owned BlackBerry in 2010.
Haberek declined to release the document he says proves he did not send the images, saying it would come out in court proceedings. He said his first priority is to be found not liable in Swain's civil case against him and the town, rather than fighting the case in the media.
Haberek said that once he is victorious in the case, he plans to have his attorney, Dado Coric, file a lawsuit against Swain because she has damaged his reputation and caused him to incur legal fees.
He said state law does not allow him to file such a suit until the initial case is resolved.
Haberek's comments came two days before he is scheduled to be deposed by Swain's attorney, Scott Camassar. Swain is slated to be deposed on Thursday as well.
Deposition of the town's former information technology director, Jason Jones, and retired Director of Administrative Services George Sylvestre, slated for this week, were postponed and are now being rescheduled. There have been repeated postponements of depositions.
Camassar questioned Tuesday whether Haberek has the document he claims. The attorney for Swain said such a document should have been given to him as part of the discovery process in the case, and it was not.
In addition, Camassar said he has town phone records that show Haberek transmitted two photographs from his phone number to Swain's Facebook account on the night of the alleged incident.
He added that Haberek initially told police he had sent a photo to Swain but it was not of himself. Later, he said, Haberek denied sending any photos.
"There's inconsistencies in his statements," Camassar said.
In her suit, Swain alleges Haberek sent her a "sexually graphic photo of himself" using his town-issued BlackBerry while in his Town Hall office on the night of Jan. 12, 2010. Haberek has denied sending her the image. Swain says the experience has caused her continuing emotional distress and physical illness such as migraine headaches. She is seeking $500,000 in damages.
Swain has also sued the town. Camassar has offered the town two ways to get out of the lawsuit, but those would involve Haberek admitting to Swain's allegation of the photo or turning over potential evidence in the case.