By Jeanne King
NEW YORK (Reuters) - A lawyer for former Tyco International Ltd. Chairman Dennis Kozlowski on Friday requested to seal videotapes of a raucous $2 million party on Sardinia to ensure that potential jurors don't see footage before Kozlowski's criminal trial begins later this month.
The issue surfaced during a pretrial hearing on Friday in Manhattan Supreme Court. Kozlowski's defense also wants to prevent prosecutors from introducing prior bad acts allegedly committed by Kozlowski. Jury selection for the trial is expected to begin Sept. 29.
Kozlowski and Mark Swartz, Tyco's ex-finance chief, have pleaded not guilty to charges they looted Tyco out of $600 million through unauthorized pay and fraudulent stock sales. Tyco accuses Kozlowski of recklessly tapping company funds for his lavish lifestyle, including using company money for his second wife's 40th birthday party in Sardinia.
During a pretrial hearing, Austin Campriello, a lawyer for Kozlowski, sought to have the Sardinia tapes sealed, which would prevent prosecutors from introducing their content should Kozlowski testify in his own defense.
Kozlowski threw the party for his wife at the Hotel Cala di Volpe in Sardinia that featured an ice sculpture of Michelangelo's David with vodka streaming from his penis into crystal glasses, according to a 2002 Tyco report.
Some of the footage shows an exploding birthday cake with a replica of a woman's breasts on top, according to people who have seen videotape footage.
Tyco paid for most of the $2.1 million party that Kozlowski is accused of booking as a business expense, according to court records.