Rigas family continues fight
John, Tim 'doing quite well given circumstances'

More than a half-decade after lives were rocked and their business destroyed, members of the Rigas family are continuing their legal battle on several fronts.

While John Rigas and one of his sons, Tim, confer with their attorneys at the Federal Correctional Complex in Butner, N.C., two other sons - Michael and James - have been involved in both the civil and criminal litigation from their homes in Coudersport.

"They're doing quite well, given the circumstances," Michael Rigas said of his father and brother. They are serving terms of 20 years and 15 years, respectively, after being convicted of fraud and conspiracy for their financial dealings at Adelphia.

Federal prison regulations allow them to have a limited number of visitors under strict conditions. They are also permitted to share a room, spend a limited amount of time in a library and take walks within the low-security grounds during designated times.

Both Michael Rigas and James Rigas have become increasingly vocal about what they perceive as an injustice that not only cost the family members their freedom and millions of dollars, but also brought down the cable company that once employed upwards of 2,000 people in Coudersport.

Last week, the Rigases joined in a request by several newspapers to unseal court documents relating to John Rigas and Tim Rigas's Rule 33 request for a new trial.

Attorney Lawrence McMichael said the motion "is based on newly discovered evidence that James Brown, the government's lead witness, testified falsely on every major issue at the criminal trial."

"The Rigases think that the public should be able to read for itself valuable testimony given by Deloitte and Touche auditors, a Buchanan Ingersoll law partner, Adelphia employees, and Adelphia equipment vendors on important issues in the case, which the unsealing would accomplish," McMichael said in a news release.

"It is the Rigas family -- not Deloitte, not Buchanan, not Adelphia, not the independent directors -- who want all of the facts opened to the public," James Rigas said. "These other parties have been more than content to watch the Rigases bear the brunt of false accusations and a distorted record while the actual story remains suppressed under a mountain of legal maneuvering."

Deloitte & Touche sued the Rigases in 2003, alleging fraud and negligent misrepresentation. Earlier this month, a judge dismissed a portion of the claims. Then, last month, Deloitte withdrew the others. However, the Rigases have asked the judge to strike that action and require the case to be tried on its merits.

"Deloitte's failure to stand behind its own recommendations, advice and audit work was a precipitating factor and major cause of the collapse of Adelphia," the Rigases said in a release. "(It) prevented John and Timothy Rigas from presenting a complete defense, resulting in an inaccurate picture of the events at Adelphia which contributed to an erroneous verdict."

Deloitte is disputing the Rigases' allegations.

"The Rigas family's false comments do not alter the fact that members of the family were found criminally responsible for the fraud that was perpetrated at Adelphia, a fraud which was in large part directed at Deloitte and Touche," said Deborah Harrington, director of national public relations for the firm.

Deloitte paid a $50 million settlement to the federal government after allegations were brought by the U.S. Securities & Exchange Commission. Deloitte also paid $210 million to settle with Adelphia's investors and hundreds of millions of dollars to settle with the Adelphia estate.

The government's response to the Rule 33 motion is due by Sept. 28. The Rigases then have three weeks to respond, after which time a hearing will be scheduled.

Meanwhile, a petition asking the U.S. Supreme Court to consider an appeal will probably be filed sometime in October, a family spokesman said.

John Rigas and Tim Rigas are also asking to be reassigned to a federal penitentiary in Allenwood, Pa. They currently can receive mail addressed to either John J. Rigas 53983-054 or Timothy J. Rigas 53982- 054, FCI Butner Low, Federal Correctional Institution, P. O. Box 999, Butner NC 27509.