Kenner claims evidence altered

CENTRAL ISLIP, L.I. — After seven hours of testimony on the stand by alleged con man Phil Kenner — who, along with co-defendant Tommy Constantine, is accused of bilking NHL players and other investors of millions of dollars — Thursday’s trial proceedings had all the drama of a Zamboni resurfacing a rink.

That is, until the final 20 minutes unfolded in federal judge Joseph Bianco’s courtroom at the Alfonse M. D’Amato United States Courthouse, after jurors had been excused for the day.

Kenner’s attorney, Richard Haley, had indicated to Bianco earlier in the day that he planned to introduce a tape recording as evidence. Kenner testified in those final 20 minutes Thursday — without the jurors present — that he had made the 56-plus minute recording of a conversation between himself and Constantine five years ago on his iPhone outside a Home Depot store. The only problem? Kenner testified that the version of the recording that exists now is significantly shorter — 26 to 27 minutes in length — and Kenner thinks the recording was altered.

The recording could be a bombshell development in Courtroom 1040 when the wire fraud, conspiracy and money laundering trial resumes Monday at 9:30 a.m. The Daily News has previously heard the tape, which was in the possession of several of the hockey players who were victims of the alleged scam. But the key element of the recording was the year Kenner said he used his iPhone to secretly record the conversation — 2010 — which is the same year Kenner testified that he had a major falling-out with Constantine, his longtime wing man. The recording allegedly underscores how deep of a rift had developed between the two men by 2010.

“We had a falling out based upon a number of business interests,” Kenner testified Thursday, referring to Constantine.

Kenner said that after he made the original recording, he gave it to retired police officer John Kaiser, a former business partner of Kenner’s who was a key government witness in the trial and who testified last month. Kenner said after listening to the tape recording Thursday morning, he noticed that chunks of the conversation he remembered having with Constantine were missing from the tape.

Among the topics Kenner said he remembered discussing with Constantine were Ken Jowdy, the real estate developer whom Kenner testified failed to pay back $5.5 million the players loaned him, and former FBI director Louis Freeh, who represented Jowdy.

“From what I recall, there were many more references to Mr. Jowdy in the recording originally,” Kenner said. “When I listened to it this morning, I don’t know if I heard any references to Mr. Jowdy in the recording. In addition, there were several references to Mr. Freeh and his connection to the FBI. On the portion of the tape that I listened to this morning I don’t recall hearing that.”

Prosecutors said Thursday that they will call an expert witness to authenticate the recording.

During the bulk of the proceedings, Haley led his client through a chronology of the business dealings Kenner had with the hockey players, and continually asked a variation of the question, “Was this part of an artifice or scheme to defraud your hockey player clients?” To which Kenner would reply, “No, sir.”

“I was available 24 hours a day for them,” said Kenner.

The trial is expected to last another two weeks, and Kenner is not expected to be cross-examined by prosecutors until late Monday or Tuesday.