Following eight weeks of trial, a federal jury in Central Islip, New York, returned a verdict convicting Colombo organized crime family acting boss Alphonse "Allie Boy" Persico and administration member John "Jackie" DeRoss of murder in aid of racketeering and witness tampering. Specifically, Persico and DeRoss were found guilty of orchestrating the May 26, 1999, murder of Colombo family underboss William Cutolo, Sr.
The evidence at trial established that Persico and DeRoss murdered Cutolo because they believed he was about to take control of the Colombo family from Persico, and to serve as retribution for Cutolo's actions during the bloody Colombo family war in the early 1990s. During the war, Cutolo, on behalf of the faction loyal to Vic Orena, tried to wrest control of the Colombo family from Alphonse Persico and his father, the family's official boss, Carmine "The Snake" Persico. As part of the murder plot, Persico summoned Cutolo to a meeting on the afternoon of May 26, 1999. That afternoon, an auto mechanic dropped Cutolo off at a park near 92nd Street and Shore Road in Bay Ridge, Brooklyn, the designated place for the meeting with Persico. Cutolo was never seen or heard from again, and the government's evidence indicated that Cutolo's body most likely was dumped into the Atlantic Ocean. That evening, DeRoss kept watch over Cutolo's crew at the Friendly Bocce Social Club in Brooklyn, where the crew was awaiting Cutolo's arrival for their traditional Wednesday evening dinner. When Cutolo failed to show up, DeRoss feigned surprise and directed Cutolo's son, William Cutolo, Jr., to telephone his father. Early the next morning, May 27, DeRoss, on Persico's orders, arrived at Cutolo's home and began questioning Cutolo's widow, Marguerite Cutolo, about the location The United States Attorney's Office Eastern District of New York United States Attorney's Office Eastern District of New York
Persico and DeRoss were also found guilty of tampering with witnesses Marguerite Cutolo (Cutolo's widow), Barbara Jean Cutolo (one of Cutolo's daughters), and William Cutolo, Jr. The trial evidence included a recording William Cutolo, Jr., secretly made of DeRoss threatening the Cutolo family in March 2000, several months after it was publicly disclosed that Persico was a target of the FBI's investigation of the Cutolo murder. During the meeting, DeRoss ordered the Cutolo family to provide false, exculpatory information to a private investigator hired by Persico. DeRoss told the Cutolo family that, if they did not assist Persico, Marguerite Cutolo could be "hurt," as could the "little . . . kids," referring to Barbara Jean Cutolo's seven and five-year-old daughters. Marguerite and Barbara Jean Cutolo both testified at trial that, as a result of DeRoss's threats, the Cutolos withheld information about the murder from law enforcement authorities for years, including Cutolo, Sr.'s statement to Marguerite Cutolo on May 26, 1999, that he was going to a meeting with Persico.
Persico was the second acting boss of an LCN crime family convicted in 2007 of murder charges in the Eastern District of New York. On July 31st, Bonnano organized crime family acting boss Vincent Basciano was convicted of racketeering murder and is awaiting sentencing. "Law enforcement's campaign against organized crime will continue until our communities are free from its corrupting influence," stated United States Attorney Benton J. Campbell. Mr. Campbell praised the Federal Bureau of Investigation, the agency that led the government's investigation.
When sentenced by United States District Judge Joanne Seybert, each defendant faces a mandatory sentence of life imprisonment. The government's case was prosecuted by Assistant United States Attorneys John Buretta, Deborah Mayer, and Jeffrey Goldberg.
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