THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, August 26, 1994 TAG: 9408260610
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JACK DORSEY, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 72 lines
Angelo Rivera saw through the ruse as he listened to what police told him was a phone conversation between two men accused in an alleged murder-for-hire scheme.
``That sounds so set up,'' Rivera told investigators.
They had just informed Rivera he was being charged with premeditated murder in the shooting death of Roxanne Fricke at a supermarket parking lot May 13, 1988.
``I don't know no Fricke people,'' Rivera continued. ``I'm not involved in this lady's murder.''
Prosecutors never did try Rivera in the slaying, but his videotaped interview with police was shown in a military court Thursday in the trial of another man - Lt. Cmdr. Michael Fricke, accused of ordering the murder of his wife.
Police told Rivera that the tape-recorded phone call was Fricke talking with Gilroy Lamar Brunson, an acquaintance of Fricke who told investigators he put Fricke in touch with Rivera and passed money between them.
The phone call actually was Brunson speaking with Tony Zagainer, a special agent with the Naval Criminal Investigative Service Special Agent pretending to be Fricke.
The ruse was designed to draw a confession out of Rivera.
Instead, it led him to an outburst. ``I don't like this. No. No. This is bull . . . man.''
Stomping his feet and thrashing about in his chair at times in an interrogation room at Virginia Beach police headquarters, Rivera denied any involvement.
``I ain't stupid. I can't be killing anybody. I don't care how much money they give me.''
The 90-minute interrogation, videotaped March 30, 1993, the day of Rivera's arrest, was played to the 14-member military jury Thursday. Now in its second week of listening to testimony in the Fricke capital murder court-martial, the panel is expected to begin hearing the defense's case today or Monday.
For nearly two weeks, the prosecution, led by Lt. Jeff Hanson, has worked to prove that Fricke used Brunson as a middleman to hire Rivera to kill his wife.
Brunson has been granted immunity from prosecution in the case in return for his testimony.
He was a key witness in the Virginia Beach case against Rivera, but his testimony at a preliminary hearing was rambling and often contradictory. Prosecutor Michael Cummings said at the time, ``We are not comfortable . . . retaining this defendant in custody.''
Fricke, who has been in a Navy brig in Norfolk since his arrest in October, wanted his wife killed because she threatened to divorce him and take custody of their son, then 13 months old, the prosecution contends.
In Thursday's video replay, Rivera says he met Brunson on three occasions - one of which occurred Jan. 27, 1993, when Brunson wore a microphone and a recording device while investigators watched.
Rivera was suspicious of that encounter, too, and even patted down Brunson in an attempt to find the wired equipment. But he didn't.
In that conversation, Rivera is overheard saying he wiped down the gun and threw it over a bridge on Interstate 264.
Zagainer, the Navy agent, asked Rivera about that comment in the videotape replayed Thursday.
``I don't want to be convicted of murder if I didn't do it,'' Rivera said. ``I need to talk to a lawyer because this is getting ridiculous.'' ILLUSTRATION: Photo
Angela Rivera
KEYWORDS: MURDER-FOR-HIRE TRIAL by CNB