A federal judge has green-lighted the multimillion-dollar wrongful-death lawsuits filed against the city by the families of seven men slain in mob hits executed or aided by former two detectives Louis Eppolito and ex-Great Kills resident Stephen Caracappa.
In allowing the cases to proceed, District Judge Raymond J. Dearie said there was evidence to suggest the rubouts would not have occurred had Eppolito been kicked off the force or disciplined after he was "caught red-handed" passing confidential police records to a mobster in 1984.
The slayings took place between 1986 and 1991.
Dearie said evidence also indicated there was a "systemic failure" to address corruption under then-Police Commissioner Benjamin Ward. "The failure to discipline a detective who colludes with organized crime plainly courts the risk that that detective will do so again," wrote Dearie. "And it is likewise obvious that collusion between a police detective and organized crime might well lead, as it did in these cases, to unconstitutional harm to members of the public."
The judge further ruled the plaintiffs' families, who filed the suits in 2006 and 2007, had done so within statutory time limits.
Caracappa, 72, and Eppolito, 66, the so-called "Mafia Cops," are serving life sentences for their roles in the slayings, carried out at the behest of Luchese crime family underboss Anthony (Gaspipe) Casso, who later cooperated with authorities.
The two detectives were paid $4,000 a month to provide Casso with law-enforcement information. They received extra cash for murder contracts, including $70,000 for a hit on Eddie Lino, a Gambino crime family capo suspected of being involved in a failed assassination attempt on Casso, the ruling said.
Eppolito, whose father was a member of the Gambino crime family, retired from the NYPD in 1990. He played a bit part in Martin Scorsese's 1990 mob drama "GoodFellas" and launched an unsuccessful career as a screenwriter.
Caracappa retired in 1992 after establishing the Police Department's unit for mob murder investigations. In 2005, while awaiting trial to start and after posting bail, Caracappa had stayed with his mother in South Beach.
Eppolito, then working in the 62nd Precinct in Brooklyn's Bath Beach neighborhood, came under scrutiny in 1984. FBI agents found confidential NYPD Intelligence Reports in the home of mobster Rosario Gambino, who was under indictment for heroin trafficking, said the judge's ruling.
A probe determined the reports had been photocopied at the 62nd Precinct and Eppolito's fingerprints were on the photocopies, the judge said. Eppolito subsequently underwent a departmental trial which cleared him, despite "compelling" evidence against him, said the judge. The trial was prosecuted by a junior NYPD lawyer and was based on stipulations between the parties, not live testimony, which was unusual, Dearie said.
Commissioner Ward declined to overturn the findings, although a follow-up Internal Affairs probe after the hearing again concluded that Eppolito had leaked the reports, said the judge.
Dearie said a report by the Mollen Commission provides "powerful evidence" that the Police Department at that time "tolerat(ed) corruption to avoid bad publicity." He said the NYPD's "inexplicable failure" to discipline Eppolito may have emboldened Caracappa.
Eppolito started his relationship with the Luccheses after being cleared of the charges, the ruling started.
His cohort Caracappa, who worked for the NYPD's Major Case Squad, was specifically assigned to the Lucchese unit. He often worked on joint NYPD and federal task forces and had access to confidential information about ongoing investigations, said the judge.
Besides whacking Lino, the pair slayed an innocent victim, Israel Greenwald, a Diamond District jeweler, according to the ruling and Advance filings. They also provided information which factored into the slayings of five others, including another innocent victim, Nicholas Guido of Brooklyn, said the judge. And they were convicted of kidnapping Jimmy Hydell in 1986 and delivering him to Casso to be executed in retaliation for a botched attempted on Casso's life, said Advance reports. Hydell's mother, Betty Hydell, testified she saw the two detectives casing her Grasmere home in an unmarked police car the day her son vanished.
The city maintained the cases should be tossed because the plaintiffs did not file them until decades after their loved ones' deaths.
The plaintiffs contended they were not required to commence the lawsuits until they had some reason to link police to the killings. Eppolito and Caracappa were indicted in 2005.
Dearie sided with the plaintiffs and declined to throw out the suits.
A spokesman said the city Law Department is reviewing the decision.
Thanks to Frank Donnelly.
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