The defendants, Carmine Polito and Mario Fortunato, had been found guilty of similar charges in federal court, but that conviction was overturned. A federal appeals court ruled that prosecutors had failed to prove the men had committed the crime to increase their underworld status. In June, a state appeals court ruled that the men could stand trial again in State Supreme Court in Brooklyn. Two of the confessed assassins are expected to testify, but the star witness is a man who was also shot in the attack. That witness, Michael D’Urso, has confessed to his own violent and diverse range of crimes, committed before he became a government informer.
Thanks to Michael Brick.