Victim Impact Statements Sought In Fairfield Fill Pile Case

FAIRFIELD, CT — The last two defendants in the sprawling Fairfield fill pile case are scheduled for sentencing this month, and First Selectman Bill Gerber is requesting that residents send victim impact statements to the court before their appearances.

Environmental consultant Robert Grabarek, owner of Clinton-based Osprey Environmental Engineering LLC, is scheduled to be sentenced on Wednesday, and former public works director Joe Michelangelo is scheduled to be sentenced on March 18.

Michelangelo pleaded guilty in 2022 to a host of charges, and testified against the other defendants in the case.

— Joe Michelangelo (Photo credit: Fairfield Police Department)

"Mr. Michelangelo abused the trust of our residents, as both a Department of Public Works employee and a high-profile member of our community," Gerber wrote in a message to constituents. "His actions and the actions of others contributed to the contamination of over 40 sites in our Town, including parks and fields where young children play, dogs are walked, and where his own colleagues work. Public trust in local government has been irreparably damaged by Mr. Michelangelo and his co-conspirators' actions."

Last year, Grabarek accepted a plea deal in which he is not expected to serve time in prison.

— Robert Grabarek (Photo credit: Fairfield Police Department)

"Mr. Grabarek abused the trust of our Town's Department of Public Works employees who worked on the site," Gerber wrote. "He abused the trust of the residents who are affected by the site. His actions resulted in significant environmental damage in our sensitive coastal areas that lingers to this day and will take years to clean up."

Below is information from Gerber on how to submit victim impact statements:

Robert Grabarek:
If you would like to send an email with your impact statement for Robert Grabarek's sentencing, please send it to firstselectman@fairfieldct.org with "Robert Grabarek Impact Statement" in the subject line. The deadline to receive your emails for Robert Grabarek's sentencing is by Monday, March 10 at 4 p.m. We will forward them to the State Attorney's office

You may also submit your impact statements directly to the court by mailing a letter to:

Honorable Robin Pavia
Bridgeport Superior Court
1061 Main Street
Bridgeport, CT 06604

Joseph Michelangelo:
If you would like to send an email with your impact statement for Joseph Michelangelo's sentencing, please send it to firstselectman@fairfieldct.org with "Joseph Michelangelo Impact Statement" in the subject line. The deadline to receive your emails for Joseph Michelangelo's sentencing is by Monday, March 10 at 4 a.m. We will forward them to the State's Attorney's office.

You may also submit your impact statements directly to the court by mailing a letter to:

Honorable Kevin Russo
Milford Superior Court
14 West River Street
Milford, CT 06460

Fairfield fill pile case:

• Bribery Charges Dropped Against Julian In Fairfield Fill Pile Case
• First Trial In Fairfield Fill Pile Case In Jury's Hands
• 2nd Fairfield Fill Pile Defendant Reportedly Rejects Plea Deal
• Fairfield's Years-Long Fill Pile Saga Continues With New Arrests
• 'Don't Talk To The Police': Details From Fill Pile Affidavits
• Ex-First Selectman Among Fill Pile 'Co-Conspirators,' Records Say
• 4 Fairfield Fill Pile Scandal Defendants Denied Probation
• Fairfield Residents Encouraged To Write Fill Victim Statements
• Fill Pile: Penfield Pavilion Repair, Remediation Could Cost $13M
• 3 More Charged In Fairfield Fill Pile Contamination Investigation

Below is the text of Fairfield First Selectman Bill Gerber's request for victim impact statements in the fill pile case:

Dear Residents,

I'm writing to inform you of your opportunity to file victim impact statements for two of the defendants in the Town's fill pile criminal case: Robert Grabarek and Joseph Michelangelo.

To recap:

The Town of Fairfield hired a contractor, Julian Development, to operate the Town's fill pile and reduce the amount of unused project material on the site. After several years, it was discovered that the fill pile had more than tripled in size--from 30,000 cubic yards to approximately 107,000 cubic yards--and that the company had accepted contaminated fill, including toxins such as PCBs, lead, asbestos and other hazardous material. The criminal investigation discovered that the contaminated fill was subsequently used at more than 40 sites in Town, including under the foundation of the rebuild of Penfield Pavilion.

Several Town contractors and employees were convicted of criminal charges for their involvement. Two additional cases remain.

Robert Grabarek, the owner of Osprey Environmental, a Clinton-based environmental cleanup company, is accused of illegally disposing PCBs and other toxic materials on the same site he was hired to clean up and has entered into plea agreement with the state.

Mr. Grabarek abused the trust of our Town's Department of Public Works employees who worked on the site. He abused the trust of the residents who are affected by the site. His actions resulted in significant environmental damage in our sensitive coastal areas that lingers to this day and will take years to clean up.

His actions, and their consequences, include the following:

• Mr. Grabarek participated in a conspiracy to use contaminated fill to construct a large berm that cost the Town $918,000 to build.
• The Town has spent $850,000 on sampling, planning, negotiation, and communicating with regulators to try to remediate this berm, with more to come as no approved remedy is in place.
• The current estimated cost for completion of the main site/berm is $9,444,000 and could go much higher.
• The Town has incurred hundreds of thousands of dollars in attorneys' fees and costs.

Robert Grabarek's sentencing will take place on March 12, 2025, at 10 a.m.

Joseph Michelangelo, Fairfield's former director of public works, has pleaded guilty to allowing contaminated soil to be dumped at the Town's public works yard, including illegal disposal of asbestos and PCBs.

Mr. Michelangelo abused the trust of our residents, as both a Department of Public Works employee and a high-profile member of our community. His actions and the actions of others contributed to the contamination of over 40 sites in our Town, including parks and fields where young children play, dogs are walked, and where his own colleagues work. Public trust in local government has been irreparably damaged by Mr. Michelangelo and his co-conspirators' actions.

The financial strain on our Town caused by their actions will continue to impact our ability to fund essential school and Town projects. As a result of Mr. Michelangelo's and his co-conspirators' actions:

• Penfield Pavilion was built on a designated platform specifically constructed from contaminated fill. After investigation, it was determined that the cost to remove, dispose and replace all the Penfield contamination with clean fill will be over $10 million.
• Remediation of the other sites where contaminated fill was spread is expected to cost approximately $6 million.
• It is still unclear how the 182,000 tons of contaminated waste located at the fill pile site will be dealt with. We have been advised that permissible remediation may require the transport of all the contaminated fill to a specially permitted disposal facility located in another state, which could expose the Town to costs in excess of $100 million.
• The Town recognizes that out of all the defendants charged in this matter, Mr. Michelangelo is the only one who took accountability for his actions by pleading guilty, cooperating with the state, and testifying as a witness.

Joseph Michelangelo's sentencing will take place on March 18, 2025, at 2 p.m.

The State's Attorney invites residents to submit their own impact statements. This is an important part of the court's sentencing process. You have the ability to add your victim impact statements now.

How to Submit Your Victim Impact Statements

Robert Grabarek:
If you would like to send an email with your impact statement for Robert Grabarek's sentencing, please send it to firstselectman@fairfieldct.org with "Robert Grabarek Impact Statement" in the subject line. The deadline to receive your emails for Robert Grabarek's sentencing is by Monday, March 10 at 4 p.m. We will forward them to the State Attorney's office

You may also submit your impact statements directly to the court by mailing a letter to:

Honorable Robin Pavia
Bridgeport Superior Court
1061 Main Street
Bridgeport, CT 06604

Joseph Michelangelo:
If you would like to send an email with your impact statement for Joseph Michelangelo's sentencing, please send it to firstselectman@fairfieldct.org with "Joseph Michelangelo Impact Statement" in the subject line. The deadline to receive your emails for Joseph Michelangelo's sentencing is by Monday, March 10 at 4 a.m. We will forward them to the State's Attorney's office.

You may also submit your impact statements directly to the court by mailing a letter to:

Honorable Kevin Russo
Milford Superior Court
14 West River Street
Milford, CT 06460

I have submitted impact statements to the courts for both defendants on behalf of the Town. I encourage you to submit your own. If you have any questions about this process, please email me at firstselectman@fairfieldct.org, or call my office at 203-256-3030.

Bill Gerber
First Selectman

What Is a Victim Impact Statement?

The Constitution of the State of Connecticut affords crime victims with specific rights to participate throughout the criminal justice process. Among the rights of crime victims is the right to make a statement to the court at sentencing. The purpose of the statement is to inform the court how the crime has impacted your life and the life of your family, emotionally, physically, and financially. This statement provides input to the court as the court determines the appropriate sentence to impose on the defendant.

A victim impact statement submitted to the court will become a part of the court record and the defendant's permanent file. Therefore, the statement is available to the judge, prosecutor, defense attorney, defendant, the Department of Correction, the Office of Adult Probation, and the Board of Pardons and Paroles. You can read more about preparing an impact statement here.