Attorneys for an Amherst woman accused of arranging her husband's murder and the man charged with committing it plan to subpoena FBI records that may show the victim was a government informant with a number of enemies.
Attorneys Thomas J. Eoannou and David R. Knoll said they want FBI files on Robert DiGiulio, a former celebrity bodyguard slain five years ago, because of remarks by prosecutors and information they have developed about his alleged role as an FBI informant about a decade ago.
"I want to know what information DiGiulio provided (to the government) so I can determine who had a potential motive to kill the guy," Eoannou said.
His client, the imprisoned Luciano Charles "Dilly" Spataro, 57, is charged with murdering DiGiulio, 32, outside the victim's Amherst home April 17, 1985. Anita DiGiulio Marvin, 42, the victim's wife, is charged with arranging the shooting.
Mrs. Marvin is free on bail. Spataro is serving an 8 1/3 - to 25-year prison term for drug trafficking and conspiracy in the 1986 fatal shooting of his son-in-law, John Pinelli, 24.
Subpoenas will be served on the FBI a day or so before a pretrial hearing is scheduled in the case, the attorneys said.
Law enforcement sources said the FBI is expected to fight the subpoenaes and take the matter before a federal judge if State Supreme Court Justice Frederick M. Marshall or another state judge orders disclosure of any FBI files.
"It's the policy of the FBI to never confirm nor deny whether someone has been, is, or will be an informant for us," said Paul Moskal, an FBI spokesman in Buffalo. "We go to great lengths to protect that policy."
Frank J. Clark, first deputy district attorney and chief prosecutor in the DiGiulio case, said local prosecutors have been rebuffed by the FBI on their "formal inquiry" about DiGiulio's alleged informant work.