Casino probe eyes testimony from Kerik, Ex-police commissioner linked to construction firm

Newark Star Ledger ^ | 04.07.05 | JUDY DeHAVEN

[Coleus]

New Jersey casino investigators have reopened their case against the owners of a Clifton construction company that last year beat allegations of ties to organized crime and won a license to do business in Atlantic City.

As part of the probe, the state Division of Gaming Enforcement wants to question former New York City Police Commissioner Bernard Kerik, according to a subpoena issued to him.

The agency subpoenaed Kerik last month and asked him to produce documents pertaining to 13 issues, from communication between him and the brothers who own Interstate Industrial and a sister company, Interstate Drywall, to records about renovations made to a Bronx apartment Kerik owns. Investigators also want more information about Interstate's employment of Kerik's brother, Donald Kerik.

In addition, the agency asked for evidence of any money Interstate owners Frank and Peter DiTommaso may have paid Kerik, "directly and indirectly," according to an exhibit to the subpoena. And they want evidence of money Kerik may have paid to Larry Ray, who was the best man at his wedding and whom Kerik recommended the DiTommasos hire to deal with their regulatory problems.

Kerik's lawyer, Joseph Tacopina, has moved to quash the subpoena, "not because Bernie doesn't want to or won't testify," Tacopina said yesterday. "It's because it's ridiculously overbroad."

Tacopina said the division's request for all documents pertaining to Kerik's apartment in the Riverdale section of the Bronx meant that "if he wrote a note to Rudy (Giuliani) and said, 'I'm excited I'm going to put new sconces in the hallway,' I'd have to turn that over."

"Give me a subpoena that's appropriate and narrow and focuses on the issue they're supposedly investigating, and Bernie will gladly testify," Tacopina said.