NEW HAVEN, Conn. (AP) – A prominent Greenwich defense attorney was charged Friday with obstructing justice and destroying evidence in a probe of child pornography involving the music director at a church where former President Bush once worshipped.
Philip Russell, 48, of Stamford, was charged in a two-count indictment unsealed Friday, authorities said. He appeared in U.S. District Court in Bridgeport and was released after posting $100,000 bond.
Russell pleaded not guilty to the charges, said his attorney, Thomas Williams.
“Mr. Russell maintains his innocence to these charges,” Williams said. “He plans to continue with his law practice. He’s optimistic that if the case is not dismissed, that a jury will find his conduct was lawful.”
Russell allegedly obstructed justice on Oct. 9, 2006, by destroying a laptop computer containing child pornography that was owned by Robert F. Tate, the former music director at Christ Church in Greenwich. Tate pleaded guilty in January to possessing child pornography.
Russell, the former attorney for the church, destroyed the computer to obstruct an FBI investigation that had begun three days earlier, authorities said.
A church employee discovered images of naked boys on Oct. 7 while using Tate’s computer, according to the indictment. A day later, church officials sealed and wrapped Tate’s laptop, treating it as evidence, authorities said.
Tate resigned and Russell and church officials arranged for him to travel to California, where he was ultimately arrested, authorities said.
They permitted Tate to pack a bag, according to the indictment.
Tate removed and ultimately discarded most of his child pornography, according to the indictment.
Russell took Tate’s computer and, after learning it contained images of naked boys, “altered, destroyed, mutilated and concealed it by taking it apart,” according to the indictment.
“The exploitation of children is a serious offense that this office will fully prosecute,” said U.S. Attorney Kevin O’Connor. “Those who possess child pornography or hinder the prosecution of those who do by destroying evidence and impeding investigations will be prosecuted, particularly when the obstructionists are attorneys and officers of the court.”
O’Connor said the investigation was ongoing.
If convicted, Russell faces up to 20 years in prison and a fine of up to $250,000 on each count.
Former President George H.W. Bush attended the church while growing up in Greenwich.
Russell’s recent clients included Andrew Kissel, a wealthy Greenwich developer found slain in his home last year. Kissel was the brother of an investment banker killed in Hong Kong in what became known as the “milkshake murder” because his wife fed him a poisoned milkshake and then bludgeoned him to death.
Russell also represented Wendell Woodroffe, a former store clerk charged last year with spiking bottled grape juice at a CVS store that sickened more than 40 churchgoers in Darien.
Tate, 64, of Greenwich, admitted possessing between 150 and 300 sexually explicit images of children. The images were seized from Tate’s apartment at the church, authorities said.
In addition to Tate, investigators have been looking into how the church handled the matter. The church has hired a criminal attorney, Eugene Riccio.
Tate, who resigned last October, faces up to 10 years in prison and a $250,000 fine when he is sentenced April 12.
Tate oversaw the church’s renowned choir programs, including those involving children. Tate traveled with the choir for performances around the country and in Europe.
Tate was released on $500,000 bond in January to travel to KeyStone Center Extended Care Unit in Pennsylvania, which provides treatment for sexual addiction and other conditions.
The current President Bush’s aunt and other church members attended Tate’s hearing in December to support him.
AP-ES-02-16-07 1600EST
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