IN THE NEWS

cbs2chicago.com - January 8, 2005

Possible new information related to case of missing candy heiress

By Mike Robinson - Associated Press Writer

Federal prosecutors confirmed Friday that they have received information "that may be relevant'' to the sentencing of the man blamed for conspiring to kill candy heiress Helen Vorhees Brach.

U.S. District Judge Milton Shadur issued an order earlier Friday that allows prosecutors to provide the new information under seal to an attorney representing convicted con man Richard Bailey, who is currently serving a 30-year sentence in federal prison.

Bailey pleaded guilty in 1995 to swindling elderly widows but denied that he had anything to do with Brach, who vanished in 1977.

"The United States attorney's office recently learned of information that may be relevant to the sentencing of Richard Bailey,'' said a statement issued by spokesman Randall Samborn in response to reporters' questions.

Samborn declined to say what the new information was.

Brach, heiress to a $30 million candy fortune, was 65 when she vanished after leaving the Mayo Clinic in Minnesota on Feb. 17, 1977.

Private investigator Ernie Rizzo said in an interview Thursday that federal Alcohol, Tobacco and Firearms agents have received a report from one source that Brach's body was burned in a steel mill furnace.

An ATF spokesman, special agent Tom Ahearn, said that the agency had received such a report. He said they were checking it out and "taking it very seriously.''

But he emphasized that none of the new information was corroborated and that considerably more investigation was needed before any conclusions could be drawn. He said no arrests were imminent.

Samborn said Shadur's order enabled prosecutors to supply the information to Bailey's attorney, Kathleen Zellner, under seal and that it could not be disclosed publicly until the seal is lifted.

Zellner did not immediately return a call for comment Friday night. A message was left at her Naperville office.

Bailey pleaded guilty in 1995 to racketeering, conspiracy, mail and wire fraud and money laundering.

He was not convicted of killing Brach. At the time, Shadur ruled it was more likely than not that Bailey had conspired to kill her and gave him a stiffer sentence as a result.

Attorneys said it was likely that Zellner would go before Shadur within a matter of days to begin an effort to have Bailey's sentence reduced.

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