NORTH ATTLEBORO - A judge will decide Thursday whether the town withheld critical evidence in the criminal case against North Attleboro Electric officials accused of spending $4 million in bond money to start a dial-up Internet service without proper authorization.

The hearing on the evidence - mainly two videotapes that show discussions before selectmen about the Internet project - is being held before Judge Christopher Welch at Fall River District Court.

Once the evidentiary matter is resolved, the trial of former electric Commissioners Richard Shaw, Bruce Bliss and Bruce Gebhardt will begin on the charge of spending the bond money without the required approval from town meeting.

Should Welch find that the town withheld evidence, he will then have to decide whether to assess any penalty - which could range from delay of the commissioners' trial to dismissal of the charges with prejudice.

Former North Attleboro Electric General Manager David Sweetland was found innocent of the same charge last summer after a videotape was discovered that proved he did not mislead the town about how the money would be spent. The sudden appearance of the videotape, which was given to Sweetland's attorney by lawyers working on a separate civil case related to the bond money, has been the subject of controversy.

In the hearing, Town Administrator Mark Fisher testified that while he remembered the information presented by Sweetland in the videotape at the November 1998 meeting, he did not remember the meeting itself. Fisher said he never purposely withheld any information from the attorneys working on the case.

Deputy Inspector General George Xenakis testified that the Inspector General's Office included videotapes in its subpoena of records relating to the case, but the town did not supply any. Xenakis said he watched a different video related to the case at town hall, but his office never received a copy of it.

The most stunning revelations came from North Attleboro Electric General Manager James Moynihan, who was serving as town administrator when the Inspector General's Office requested the records. Moynihan said it is likely the video was not supplied because town officials did not recall the meeting.

However, Moynihan said he learned about the existence of the video prior to Sweetland's trial from attorneys working on the separate civil case.

Moynihan said he mentioned the video during a meeting held 10 days prior to Sweetland's trial. That meeting was was attended by representatives from the District Attorney's Office, the Inspector General's Office, North Attleboro police and the town, he said.

In an unusual turn of events, Assistant District Attorney Paul Machado, who is prosecuting the case, took the witness stand to dispute Moynihan's account.

Machado confirmed that the meeting occurred, but said he did not hear Moynihan mention the videotape. Machado said the first time he learned of the videotape was when it was played at Sweetland's trial.

North Attleboro police Detective John Reilly also testified that he did did not hear Moynihan bring up the videotape at the meeting.

AMY DeMELIA can be reached at 508-236-0334 or at ademelia@thesunchronicle.com.