George Guldi leaves the courtroom of judge James F.X. Doyle...

George Guldi leaves the courtroom of judge James F.X. Doyle after his arraignment. (Aug. 11, 2009) Credit: Joseph D. Sullivan

A county court judge Thursday declined to turn over to a defendant in an insurance fraud trial unredacted documents that contain the notes of an interview between a prosecution witness and the Suffolk County district attorney's office.

A redacted version of the documents released earlier this week shows that the witness told investigators he was asked to pay an official in exchange for county work. The official's name was blacked out in the redacted version.

Judge James F.X. Doyle said the identity of the official contained in the unredacted documents was "neither material nor necessary" to the ongoing trial against former Suffolk Legis. George Guldi. The documents contains notes of an interview between the prosecution witness, Ethan Ellner, and the district attorney's office.

A section of the documents states: "Ethan E. told Guldi that he had to pay kickbacks to [the name is redacted] for [the word is redacted] business."

Doyle said he would allow Guldi to name the official when he questions prosecution witnesses, including Ellner, who partly owned a title company that received county work.

Prosecutors may raise objections if Guldi attempts to name the official in court, Doyle said.

Guldi had argued that he could not prepare his defense because the documents were redacted by the district attorney's office. Ellner told investigators that he was asked for a "bribe" by an official in order to receive county work, according to court documents.

Outside court, Guldi called Doyle's ruling a "reversible error" that could cause an appeals court to overturn a conviction.

Guldi's court-appointed legal adviser, Christopher Brocato of Central Islip, argued in court that identifying the public official in the redacted documents was necessary for Guldi to question Ellner's credibility on the witness stand.

Prosecutors countered that identifying the official was unnecessary because the alleged bribery was not connected to the Guldi trial.

Guldi is charged with stealing $853,000 in insurance money following a fire at his Westhampton Beach home in November 2008. He has pleaded not guilty to grand larceny, forgery and insurance fraud.

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