Ex-FBI Agent Was Tricked, Lawyers Say : Judge Is Asked to Dismiss Charges Against Presser Case Figure

Robert S. Friedrick, the Cleveland FBI agent accused of lying during the investigation of Teamsters President Jackie Presser, was tricked into making incriminating statements through the “misconduct” of federal prosecutors who sought his indictment for political reasons, Friedrick’s attorneys said Monday.

In asking that charges against Friedrick be dismissed, defense lawyers told U.S. District Judge George Revercomb that Justice Department prosecutors had been embarrassed by their department’s “mishandling” of the prosecution of Presser a year ago.

Blame in Teamster Case

As a result, the prosecutors sought to “single out a person” in the FBI on whom to blame the collapse of the case against the Teamster leader and to deflect a “public perception that the White House had somehow” tried to prevent Presser’s prosecution, court papers filed with Revercomb charged.

Friedrick was indicted last May on charges that he had concealed alleged meetings with Presser and two others to devise a strategy for blocking Presser’s indictment. Under this alleged strategy, Friedrick and others were to claim that they officially had “authorized” Presser to put mob-related “ghost employees” on the payroll of his Cleveland Teamster local to maintain channels of information with organized crime.

Because this was the offense for which Presser was under investigation by officials of another government agency, the Labor Department, an FBI contention that it had “authorized” the practice would remove any criminal intent on Presser’s part.

Presser Indicted

But Presser--who long had been an FBI informant--eventually was indicted on the charges last May after prosecutors determined that there had been no FBI authorization of such conduct.

The claims of Friedrick’s lawyers, William D. Beyer and James P. Murphy, were taken under advisement by Revercomb, who is not expected to rule on them for several weeks. The Justice Department had no comment.

“We have not yet seen the papers. Our response will be made in court on Oct. 15,” department spokesman John K. Russell said.

Apart from their claims of political motivation, Friedrick’s attorneys contended in their filings that prosecutors Richard M. Rogers and Robert R. Chapman had violated federal procedures by “improperly extracting” damaging statements from Friedrick.

The prosecutors never informed the veteran FBI agent of his right to remain silent or his right to consult an attorney before he told them about secret meetings with Presser last year, the court papers charged.

Answered All Questions

Instead, Rogers and Chapman told Friedrick that he would not be prosecuted if he answered all their questions--which Friedrick eventually did, after having earlier omitted key information, the filings said.

The government based Friedrick’s five-count indictment on those earlier omissions, but Beyer and Murphy--who both entered the case later--argued that Friedrick should have been permitted to correct his earlier testimony without being indicted for false statements.

“The prosecutors, in their zeal to pursue the Presser matter, have run roughshod over the ethical and constitutional obligation owed this defendant,” Beyer and Murphy said.

Warning on Testimony

A statement signed by Friedrick before each of his interrogation sessions contains a warning about false testimony. It says in part: “Neither your answers nor any information or evidence gained by reason of your answers can be used against you in any criminal proceeding, except that if you knowingly and willfully provide false statements or information in your answers, you may be criminally prosecuted for that action.”

Friedrick, who is facing trial on the charges later this year, was fired from the FBI last month by Director William H. Webster.