U.S. Seeks Nearly $4 Million in Restitution from Family Secret Mobsters

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA )
) No. 02 CR 1050
v. ))
Judge James B. Zagel
FRANK CALABRESE SR., et al. )

MOTION FOR IMPOSITION OF RESTITUTION

This cause comes before the Court on motion of the United States for imposition of
restitution, pursuant to the Mandatory Victims Restitution Act (“MVRA”), in the above-captioned matter against defendants Frank Calabrese Sr., James Marcello, Joseph Lombardo, Paul Schiro, and Anthony Doyle.1 For the reasons discussed below, these defendants are jointly and severally liable for a total restitution amount of $3,909,166.30.2

I. INTRODUCTION

Defendants Frank Calabrese Sr., James Marcello, Joseph “The Clown” Lombardo, Paul “The Indian” Schiro, and Anthony “Twan” Doyle were convicted as a result of their criminal participation in a racketeering enterprise known as the Chicago Outfit. The charged conspiracy involved, among other categories of criminal conduct, the murders of 18 individuals. See Doc. #397 at 9-10. There is little dispute that these murders were part of the conspiracy, and were committed to advance the criminal objectives of the Chicago Outfit.

The jury in its Special Verdict forms, moreover, concluded that James Marcello, Joseph Lombardo, and Frank Calabrese Sr. personally participated in Outfit murders;3 the jury was unable to reach a unanimous verdict on Paul Schiro’s involvement in the Vaci homicide. In addition, Doyle, a long-time Chicago Police Officer and member of the conspiracy since the 1960's, knew full well that the Outfit committed homicides. Doyle in fact was taped discussing that the Outfit killed people with Calabrese Sr.,4 and indeed personally attempted to obstruct the investigation of the Outfit homicide of John Fecarotta. It would therefore be frivolous to argue that it was not foreseeable to defendants that the racketeering conspiracy they joined in the 1950's and 60's, and never withdrew from, involved homicides. Because defendants were convicted for their involvement in a the Outfit’s racketeering conspiracy, because the charged murders advanced the Outfit’s illegal objectives, and because such murders were known and/or foreseeable to the defendants, defendants Calabrese Sr., Marcello, Lombardo, Schiro, and Doyle must be held jointly and severally responsible for restitution to the estates of the murder victims.

II. ARGUMENT

The MVRA defines a “victim” as:

[A] person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.

18 U.S.C. § 3663A(a)(2) (2000) (emphasis added); see also 18 U.S.C. § 3663(a)(1)(A) (authorizing restitution for defendants “convicted of an offense under [Title 18]”). If, as here, the victims of the violent crimes are deceased, the Court must order restitution payable to the victims’ estates. 18 U.S.C. § 3663A(a)(1). Moreover, according to 18 U.S.C. § 3664(h):

If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant. There is substantial case law dealing situations where, as here, murder victims’ estates, the victims’ families, or the victims’ dependents, including widows and children, are entitled to receive restitution payments:

• United States v. Douglas, 525 F.3d 225, 253-54 (2d Cir. 2008) (affirming restitution award
for funeral expenses and lost income under 18 U.S.C. § 3663A(b)(3), (4));
• United States v. Serawop, 505 F.3d 1112, 1125, 1128 (10th Cir. 2007) (defendant convicted
of voluntary manslaughter ordered to pay restitution for lost income to estate of three-month
old victim);
• United States v. Cienfuegos, 462 F.3d 1160, 1164 (9th Cir. 2006) (finding the victim’s estate
was entitled to restitution);
• United States v. Oslund, 453 F.3d 1048, 1063 (8th Cir. 2006) (affirming restitution order
awarding lost future income under the MVRA and stating that “[w]hen the crime causes the
death of a victim, the representative of that victim’s estate or a family member may assume
the victim’s rights”) (citing 18 U.S.C. § 3663A(a)(2));
• United States v. Pizzichiello, 272 F.3d 1232, 1240-41 (9th Cir. 2001) (victim’s surviving
family members properly awarded lost income, funeral, and travel expenses under the
MVRA);
• United States v. Checora, 175 F.3d 782, 795 (10th Cir. 1999) (defendants convicted of voluntary manslaughter ordered to pay restitution for the support of the victim’s minor children that were directly and proximately harmed as a result of the victim’s death);
• United States v. Razo-Leora, 961 F.2d 1140, 1146 (5th Cir. 1992) (defendants convicted of charges related to a murder-for-hire conspiracy ordered to pay restitution for lost income to the murder victim’s widow);
• United States v. Jackson, 978 F.2d 903, 915 (5th Cir. 1992 )(“[T]he district court has the authority to order the defendants to pay the victims’ estates an amount equal to the victims’ lost income . . . .”);
• United States v. Roach, 2008 WL 163569, at *3-5, 9 (W.D.N.C. Jan. 16, 2008) (restitution awarded for lost income based on reasonable assumptions that murder victim would work 40 hours per week for 50 weeks per year until age 65 at state minimum wage and receive two percent increase per year);
• United States v. Visinaiz, 344 F. Supp.2d 1310, 1312-13 (D. Utah 2004) (MVRA requires restitution for lost income in homicide cases; no ex post facto implication); and
• United States v. Bedonie, 317 F. Supp.2d 1285, 1288-90 (D. Utah 2004), rev’d on other grounds, 413 F.3d 1126 (10th Cir. 2005) (court appointed an expert to calculate lost income who made reasonable and reliable race- and sex-neutral projections of future lost income without any discount for possible “consumption” of income by the victims).

In a conspiracy such as this, co-conspirators must be held jointly and severally liable for the total foreseeable restitution amount. See generally United States v. Rand, 403 F.3d 489, 495 (7th Cir. 2005) (“[Defendant] may be held responsible for losses caused by the foreseeable acts of his co-conspirators. Co-conspirators generally are jointly and severally liable for injuries caused by the conspiracy . . . .”), citing United States v. Martin, 195 F.3d 961, 968-69 (7th Cir. 1999); United States v. Amato, 540 F.3d 153, 163 (2nd Cir. 2008) (holding that it was “within the district court's discretion to make [defendant] jointly and severally liable for entire loss that [victim] suffered as a result of conspiracy even while apportioning liability of some of [defendant's] co-conspirators.”). The evidence at trial established the proposition, understood well by the co-conspirators, that an “authorized”/”okayed” murder was a powerful weapon in the Outfit’s punishment and control arsenal. In addition, the recorded February 11 and 12, 1962, discussions attached hereto as Government Exhibit A graphically highlight the Outfit’s long-standing use of murder to achieve its criminal objectives. During the two surreptitiously recorded Miami, Florida, meetings between Jack Cerone, Dave Yarras, Pete LNU, James Vincent “Turk” Torello, and others, the men discuss various Outfit murders (indeed, the men were assembled in Florida to kill union boss Frank Esposito). The foreseeability prong of the analysis therefore strongly favors a full restitution award.



Turning to what evidence the Court can consider in its effort to determine the total loss, the MVRA specifically provides for restitution to “the victim for income lost by such victim as a result of the offense,” and states that the restitution amount shall represent “the full amount” of the victim’s loss. 18 U.S.C. § 3663A(b)(2)(C); § 3664(f)(1)(A); see also Roach, 2008 WL 163569, at *8-9 (restitution awarded for lost income based on reasonable assumptions that murder victim would work 40 hours per week for 50 weeks per year until age 65 at state minimum wage and receive two percent increase per year). Applied to the present case, the inquiry thus centers on approximating the future income of the above-described murder victims. Cienfuegos, 462 F.3d at 1164 (“Any victim suffering bodily injury or death necessarily incurs the income lost only after the injury, i.e. in the future, as a consequence of the defendant’s violent act.”).5 This income figure must include prejudgment interest through the date of sentencing “to make up for the loss of the funds’ capacity to grow.” United States v. Shepard, 269 F.3d 884, 886 (7th Cir. 2001) (relying on 18 U.S.C. § 3663A(b)(1)(B)(i)(II) and In re Oil Spill by the Amoco Cadiz, 954 F.2d 1279, 1311-35 (7th Cir.1992)).

“The determination of appropriate restitution is by nature an inexact science.” United States v. Williams, 292 F.3d 681, 688 (10th Cir. 2002). Though not required to do so, the government has engaged Financial Forensic Expert and Certified Public Accountant Michael D. Pakter to prepare a report calculating the lost estimated earning capacity of the identified murder victims. See generally Cienfuegos, 462 F.3d at 1169 (requiring non-speculative basis for calculations). Michael D. Pakter’s twenty-two page report is attached hereto as Government Exhibit B.

III. CONCLUSION

The calculations set forth in the attached report are based on conservative assumptions,6 see Government Exhibit B at 16-18, and constitute the best available evidence of the proper restitution amount under the MVRA. The government has therefore sustained its burden of demonstrating by a preponderance of the evidence the losses sustained by the victims, and has established that Outfit murders were at a minimum reasonably foreseeable to Calabrese Sr., James Marcello, Lombardo, Schiro, and Doyle. See generally 18 U.S.C. § 3664(e) (Court resolves restitution disputes by preponderance of the evidence standard); Razo-Leora, 961 F.2d at 1146 (“The prosecution has the burden of demonstrating the amount of loss sustained by the victim and proving this loss by a preponderance of the evidence.”); see also Doc. #839 (government’s summary of trial evidence presented against each defendant). The government therefore asks this Court to hold defendants Calabrese Sr., James Marcello, Joseph Lombardo, Paul Schiro, and Anthony Doyle jointly and severally liable for restitution in the amount of $3,909,166.30. See Government Exhibit B at 7.

Respectfully submitted,
PATRICK J. FITZGERALD
United States Attorney
By: s/ T. Markus Funk
T. MARKUS FUNK
Assistant U.S. Attorney
219 South Dearborn, Room 500
Chicago, Illinois 60604
(312) 886-7635

1 Defendant Nicholas Calabrese at trial admitted his involvement in a number of Outfit murders. That testimony, however, was given pursuant to the Court’s grant of immunity. Tr. 2299-2300. Moreover, with the exception of the murder of John Fecarotta, the information provided by Nicholas Calabrese to law enforcement was at all times proffer-protected. See Tr. 2870. The government is restricting the instant restitution request to victims who were not lifelong associates/members of the Chicago Outfit; the Fecarotta homicide is therefore not part of the government’s calculations, and accordingly no restitution is sought as to Nicholas Calabrese.

2 This restitution amount is separate and distinct from defendants’ forfeiture liability. See United States v. Webber, 536 F.3d 584, 602-03 (7th Cir. 2008) (“Forfeiture and restitution are distinct remedies.”).

3 Frank Calabrese Sr. was found to have participated in the murder of Michael Albergo, William Dauber, Charlotte Dauber, Michael Cagnoni, Richard Ortiz, Arthur Morwawki, and John Fecarotta; James Marcello was found to have participated in the murders of Anthony Spilotro and Michael Spilotro; and Joseph Lombardo was found to have participated in the murder Daniel Seifert.

4 See 2-19-2000 Transcript (Doyle telling Calabrese Sr. how James LaPietra and John “Apes” Monteleone without authorization beat another mob associate and as a result were almost ordered killed by Outfit Boss “Skid” Caruso; Doyle: “Had it been where the Old Man was still alive, they’d of went.”)

5 Indirect loss or consequential damages should not be included in any restitution order; only direct, actual losses may be awarded. United States v. Frith, 461 F.3d 914, 921 (7th Cir. 2006), citing 18 U.S.C. § 3663A(a)(2); United States v. George, 403 F.3d 470, 474 (7th Cir. 2005) (“‘Loss’ means direct injury, not consequential damages.”). On the other hand, no expenses for consumption should be deducted from any potential claim for lost future wages; such deductions are not permissible under the MVRA, which provides only for an award of “income lost,” not net income lost. 18 U.S.C. § 3663A(b)(2)(C). Additionally, restitution must be ordered for necessary funeral and related services. 18 U.S.C. § 3663A(b)(3).

6 The government reserves the right to submit an adjusted report if and when the government receives additional/revised income or other information for the victims.

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Family Secrets Mobsters Seeking Gifts of Leniency and Mercy During Holiday Season Sentencing

It's not even October but several top Chicago Outfit bosses are already thinking about Christmas and hoping they'll receive gifts of leniency.

In rat-a-tat succession this December, five mobsters who were convicted in the milestone Operation: Family Secrets prosecution last year are now scheduled to be sentenced by U.S. District Court Judge James Zagel.

The pre-Christmas list of defendants who will stand before Judge Zagel begins with Anthony "Twan" Doyle, a former Chicago police officer. Doyle is to be sentenced Monday, December 8. Doyle's sentencing and the others will take place in Zagel's courtroom on the 25th floor of the Dirksen Federal Building, 219 S. Dearborn in downtown Chicago.

An Italian-American who was born "Passafume," the ex-cop changed his name to the Irish "Doyle" when he joined the Chicago Police Department. He was convicted of being the Outfit's "go-to guy" during some of his 21 years on the police force. The jury found that Doyle was part of a racketeering conspiracy that used violence to achieve its goals.

Next up in court will be Paul "The Indian" Schiro, who is due to be sentenced Wednesday, December 10. Schiro was convicted on racketeering charges.

The following day, Thursday December 11, lead defendant Frank "The Breeze" Calabrese, Sr. will be sentenced. It was Calabrese Sr.'s son and brother who both turned government witnesses and brought down the elder's Outfit street crew like a house of parlay cards. Nearly one year ago, a federal jury blamed "The Breeze" for nearly a dozen gangland murders and on Dec. 11 Calabrese Sr. is will face a sentence that will likely keep him locked up for the rest of his life.

The pre-holiday sentencing will continue the following week, on Monday December 15, when Joseph "Joey the Clown" Lombardo will appear before Judge Zagel. Lombardo was also convicted of racketeering in connection with the old, unsolved mob murders, including those of notorious Las Vegas boss Anthony "Ant" Spilotro and his brother Michael. The Spilotros were found buried in an Indiana cornfield in 1986 after a dispute with their Outfit superiors. "The Clown" is known for his courtroom antics, such as peering out from behind a homemade newspaper mask, wise-cracking with lawyers and judges and once leading news crews on a downtown chase through a construction site. He is likely to be less jovial on Dec. 15, when he faces what will be tantamount to a life sentence.

The final sentencing for the five major Family Secrets defendants will be Wednesday, December 17. James "Little Jimmy" Marcello will also face the potential of life in prison for his role in mob killings and the collection of Outfit "street tax." The mob crew strong-armed protection money from businesses, ran sports bookmaking and video poker businesses as well as loan sharking operations. They rubbed out some of those who might have spilled their secrets to the FBI.

Admitted mob hitman Nick Calabrese, brother of Frank "The Breeze," will be sentenced Monday, January 26, 2009. Nick Calabrese had a hand in at least 15 gangland hits before turning informant. His cooperation was key to the original indictment of 14 Outfit bosses and soldiers and the success of the prosecutions.

Several lower-echelon members of the mob crew have already been sentenced. Also, Judge Zagel has denied defense motions for new trials.

Sentencing Dates

Anthony Doyle Sentencing Dec 8

Paul Schiro Sentencing Dec 10

Frank Calabrese Sr. Sentencing Dec 11

Joseph Lombardo Sentencing Dec. 15

James Marcello Sentencing Dec 17

Nicholas Calabrese Sentencing Jan 26, 2009

Frank Schweihs -- Died before trial.

Already Sentenced

Michael Marcello -- 8 1/2 years prison
Nicholas Ferriola three years in prison
Joseph Venezia -- 40 months prison
Dennis Johnson -- 6 months in prison

Thanks to Chuck Goudie

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US Marshall Wore Wire to Investigate Mob Witness Leak

A deputy U.S. marshal secretly wore a wire against a man who was like a father to him as part of the investigation into the leak of confidential witness information to the Chicago Outfit.

The details were revealed Tuesday in federal court as the deputy marshal, John Ambrose, battled prosecutors to get certain statements he allegedly made to investigators thrown out of his upcoming trial. Ambrose is charged with leaking information on a star witness, hitman Nick Calabrese -- information that made its way to mob boss James Marcello.

Federal agents focused on Ambrose as the source of the leak after listening to secret prison tape recordings of Marcello.

Ambrose was lured to FBI offices on a pretense in September 2006, then the feds revealed their evidence against him. The feds needed Ambrose to detail how the information got from him to Marcello. Ambrose answered the feds' questions but initially balked at wearing a wire, worrying he would be viewed as "a snitch," FBI Special Agent Ted McNamara testified.

Ambrose eventually recorded William Guide, a former Chicago Police officer who was convicted with Ambrose's cop father in the Marquette 10 scandal. Ambrose's father died in prison, and Guide became a second father to Ambrose.

The feds haven't charged Guide but claim in court filings Ambrose passed witness information to Guide, who allegedly has mob ties.

Thanks to Steve Warmbir

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Did US Marshall Put Flipped Mobster at Risk?

In a brief but loud confrontation, the top FBI agent in Chicago, Robert Grant, underscored the deadly potential of a deputy U.S. marshal leaking information to the Chicago mob about a star government witness, as Grant verbally battled with the deputy marshal's attorney during a court hearing on Monday.

"This leak put at risk the most important witness in the Family Secrets case. It put at risk the agents guarding him. It put at risk his wife," Grant said, during questioning by Francis C. Lipuma, the lawyer for U.S. Deputy Marshal John Ambrose. "This leak was no small leak."

Ambrose is accused of leaking information about mob hit man Nicholas Calabrese, the star witness in the Family Secrets trial, which ended in September with the convictions of five defendants, including Calabrese's brother, mob killer Frank Calabrese Sr.

Chicago mobsters "protect their own because it's assumed they won't cooperate. Once that cooperation becomes known, it's fair game," Grant said.

A federal judge is holding a hearing to determine what statements by Ambrose, if any, should be allowed at his trial.

Ambrose contends when he was lured to FBI offices in September 2006 on a ruse, he was in custody but not initially read his Miranda rights.

Both Grant and U.S. Attorney Patrick Fitzgerald, who paired up to talk with Ambrose initially, testified at the hearing that they told Ambrose he wasn't under arrest.

Ambrose's name came to light during secret FBI recordings of Chicago mob boss James Marcello while in prison.

Grant said that Ambrose admitted he knew two of his friends had connections to mob bosses Joseph "Joey the Clown" Lombardo and John "No Nose" DiFronzo.

Thanks to Steve Warmbir

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Cook County State's Attorney Candidate Lobbied for Reputed Mob Associate's Company

Larry Suffredin -- a self-styled reformer running for Cook County state's attorney -- lobbied for a landfill controlled by Fred Bruno Barbara, a businessman once charged with extortion and implicated in the mob bombing of a restaurant, the Sun-Times has learned.

Suffredin, a Cook County commissioner (D-Evanston), has come under attack by rivals for his work as a lobbyist on behalf of casino and drug-company interests. State records show he also lobbied for Kankakee Regional Landfill LLC -- a company tied to Barbara -- in 2005, 2006, and 2007.

"I don't think I've ever met Fred [Barbara] in my life," Suffredin said. "I didn't know he had an interest in it."

Barbara, 59, is a multimillionaire involved in trucking, waste hauling, banking, and other businesses. A friend of Mayor Daley's, Barbara at one time got more than 60 percent of his garbage-hauling business from city contracts. He has also been a consultant to the city's much-criticized blue bag recycling program. He has been arrested five times, including a 1982 arrest for extortion in an FBI sting. Barbara was acquitted in that case -- and has never been convicted of any crime.

During the Family Secrets mob trial last year, Outfit hit man Nicholas Calabrese said Barbara participated in the 1980s bombing of Horwath's Restaurant in Elmwood Park. Barbara is the grandson of Bruno Roti Sr., an organized crime boss, and the nephew of late Ald. Fred Roti, who allegedly represented mob interests on the City Council.

Documents on file with the state list Barbara as Kankakee Regional's manager as far back as May 31, 2006. The company's address is given as 2300 S. Archer Ave., the address of other Barbara businesses. At a hearing held last June, an official from the Illinois Environmental Protection Agency identified Barbara as one of three partners in the landfill.

Barbara did not return calls seeking comment.

Kankakee Regional has been trying to build a 240-acre dump in Kankakee since at least 2004. But the project has faced opposition from local groups and from Waste Management, the trash-removal giant that has a competing proposal. Kankakee Regional has been granted a development permit to build infrastructure but not to accept waste, according to IEPA spokeswoman Maggie Carson.

The project has been approved by the Kankakee city council and the Illinois Pollution Control Board, but it is bogged down in litigation and has not opened. In June 2007, Attorney General Lisa Madigan sued Kankakee Regional for illegally dumping construction and demolition debris at the site. That suit and another are pending.

Tom Volini, one of the partners in the project, said the landfill is environmentally sound and the dumping was permitted by the city and under state law. "The issuance of the Illinois EPA permit is the best evidence of the soundness," said Volini, the brother-in-law of former 48th Ward alderman Marion Volini.

Suffredin -- who has made fighting political corruption central to his campaign for state's attorney -- said he "interacted with the Illinois EPA" and dealt with "hydrology issues" on the landfill's behalf.

Suffredin said he has not worked on the project in over a year, and pointed to a public filing made by his law firm, Shefsky & Froelich, stating it withdrew on July 27, 2007.

"Tom Volini is the only person I ever dealt with on this project," Suffredin said.

Suffredin said he was told "there was a falling out with the partners, and Tom was removed as the person in charge," prompting the Shefsky firm to stop representing the landfill. But in its own filing dated Aug. 23, 2007, Kankakee Regional lists both Suffredin and the Shefsky firm as its lobbyists. The company has not yet filed a lobbying disclosure form for 2008, according to the secretary of state's office.

Suffredin is competing in a tight race against five other candidates for the Democratic nomination to succeed state's attorney Dick Devine. The winner in the Feb. 5 primary will face Republican Cook County Commissioner Tony Peraica. In a recent TV ad, Cook County Commissioner Forrest Claypool says of Suffredin, ''On the county board he's a reformer. He'll take on political corruption.''

Suffredin said he saw no problem with representing the Barbara-controlled company. "He's not been a client. He's been an owner of a client that I worked for ... If I had directly represented him, it'd bother me," Suffredin said.

Thanks to Eric Herman and Tim Novak

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Deputy US Marshal Breaks Down Meeting with Prosecutors Regarding Mob Leak

A deputy U.S. marshal from Chicago, once a rising star in his office and now accused of leaking information to the mob, was questioned about possible contacts with other reputed mobsters, according to testimony in federal court Tuesday.

Investigators quizzed Deputy U.S. Marshal John Ambrose about any contacts he had with top reputed mobsters John "Pudgy" Matassa and Tony Zizzo, who is now missing, according to testimony. Ambrose denied even knowing who the men were.

Ambrose, 39, is charged with lying to the feds about leaking secret information about mob killer Nicholas Calabrese, who decided to cooperate with the government and was in the witness protection program.

The feds caught on tape two mobsters, reputed Chicago Outfit boss James Marcello and his half brother, Michael, talking about Calabrese's "baby-sitter" -- their code name for Ambrose -- and the information "the baby-sitter" was providing to them.

The hearing was to determine whether statements that Ambrose made to U.S. Attorney Patrick Fitzgerald and Robert Grant, the head of the FBI in Chicago, should be tossed out.

Ambrose contends he was in custody when he made statements and was not read his Miranda rights, so the statements shouldn't be allowed in. The feds say he wasn't in custody and gave the statements freely in talks with Fitzgerald and Grant in September 2006. Fitzgerald testified Tuesday that he told Ambrose he was not under arrest -- which Ambrose denies.

U.S. Marshal Kim Widup, Ambrose's boss, backed Ambrose's account in one key detail. Widup said he believed Ambrose was in custody when he was being questioned, which could support Ambrose and undermine the prosecution's case. Ambrose's uncle, Gerald Hansen, a retired Chicago police officer and current federal court security officer, visited Ambrose while he was at FBI offices and also said he believed his nephew was in custody.

It's unclear how much those statements will assist Ambrose. U.S. District Judge John Grady said he likely wouldn't consider their opinions all that helpful.

Ambrose broke down on the witness stand as he described how he was confronted by Fitzgerald and Grant.

"I was thinking about my wife and how she was going to raise the kids if we were separated, how we were going to provide," Ambrose said, tears coming to his eyes. "I felt I had been hurled into a vat of quicksand, and Mr. Fitzgerald was throwing bricks at me," Ambrose said.

Investigators were worried that Ambrose might kill himself, and lured him to FBI offices on a ruse.

Ambrose had to hand over his gun, a customary procedure, before he went up to 10th floor conference room at FBI offices, where he was confronted by Fitzgerald and Grant.

Thanks to Steve Warmbir

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More Family Secret Murders

The milestone mob case has solved many more Chicago Outfit killings than first thought. When the curtain went up on Operation Family Secrets, authorities said the plot involved 18 old gangland murders. But 18 is just the number of killings that were part of the court case.

The I-Team has learned that federal authorities consider as many as 40 mob murders now solved because of their investigation.

The mob's hit parade has been rolling since 1919 with corpses in cars and alleys; on street corners, sidewalks and alleyways; even in back yards and barber chairs. And in almost 90 years of keeping the stats, just a few Outfit murders have ever been solved.

"Whenever we had an organized crime homicide in Area 4, they were some of the hardest cases to work because even their own family members wouldn't talk to you," said Steve Peterson, Chicago police.

When you're a contract killer for La Cosa Nostra, or the LCN, part of the deal is, you don't get caught.

"This is the first investigation that I can recall where so many murders are charged...it goes to the heart of the LCN and that is a bunch of murderous thugs," said Robert Grant, FBI.

One man was *the* most murderous of the thugs: Nick Calabrese, mob hitman-turned-government informant.

During the summer-long trial, Calabrese admitted that he personally took part in more than a dozen gangland killings. But the I-Team has learned that during months of interviews with Chicago FBI agents, Nick Calabrese identified the Outfit triggermen in many additional murders that were never revealed in court.

"About 20 or so that Nick Calabrese provided information on," said John Scully, Family Secrets prosecutor. "I haven't looked at it in a while, but there are a number of murders beyond the ones that he testified about. Again, that he was not involved in, but through conversations with other mobsters."

Retired federal prosecutor Scully revealed the information during a recent interview about the Family Secrets case. While Scully declined to provide details, the I-Team has learned that the case of one mob murder victim is atop those cleared by Calabrese.

Manny Skar, a mob gambling functionary was mysteriously shot dead in 1965 as he emerged from his car near the garage of this Lake Shore Drive apartment house where he and his wife lived. Skar was about to snitch on the Outfit.

According to FBI interview reports, known as 302's, Nick Calabrese told agents that the hit man who rubbed out Skar was none other than Joseph "Joey the Clown" Lombardo.
Mob investigators believe it was Lombardo's first hit, carried out as a requirement of The Clown's induction into the outfit.

Skar's murder and the numerous other "bonus killings" cleared by Nick Calabrese, will be used by prosecutors at the upcoming sentencing of Lombardo, Nick's brother Frank "The Breeze" Calabrese and "Little Jimmy" Marcello.

"At some point, if they haven't done it already, the FBI will be advising the police departments that have an interest in those murders now that this case is done," said Scully.

FBI spokesman Ross Rice confirms that the bureau is providing local authorities with details of the old mob murders, but he says in some cases, informant Nick Calabrese didn't even know the name of the victim.

However, from court records and law enforcement sources, these are among the secret murders also believed cleared by Calabrese:

-Sam Annerino, 1971. A top south suburban enforcer, taken out by masked gunmen in the middle of an Oak Lawn street.

-Anthony Reitinger, 1975. Mob bookie, gunned down in Mama Luna's restaurant on the Northwest Side.

-Tony Borsellino, 1979. A mob assassin shot five times in the back of the head and dumped in a Frankfort farm field.

-Sam Guzzino, 1981. Outfit bodyguard found mangled in a southwest suburban ditch.

-Ronnie Jarrett, 1999. South Side mob lieutenant ambushed on his Bridgeport doorstep.

Besides Nick Calabrese lifting the veil of secrecy on as many as 20 additional Outfit murders, he has also disclosed details of a number of botched gangland shootings, where the target survived.

Defense lawyers declined to comment on Calabrese' additional statements, saying that his FBI records are still under a court-protective order.

Thanks to Chuck Goudie

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All-Star FBI Team Responds to Letter and Puts Its Stamp on Chicago Outfit

The letter that spilled the Outfit's Family Secrets arrived at the Chicago offices of the FBI in November 1998.

It was addressed to now-retired FBI supervisor Tom Bourgeois, who was then the organized crime section chief. It was from Outfit prince Frank Calabrese Jr., serving a prison sentence in Milan, Mich.

Junior offered to implicate his father, Frank Sr., and uncle Nick in the unsolved murder of Outfit hit man John Fecarotta.

"It came in the mail. I couldn't believe it," Bourgeois told me last week during an interview with current FBI agents at the FBI's expansive new headquarters on the West Side. "We went to Frank to authenticate what he told us in the letter. And then we formulated a strategy on how we were going to approach this case. Strategy was the most important part here."

The recently concluded Family Secrets case took agents countless hours transcribing and decoding prison-house code, in which, for example "Zhivago" meant the two murdered Spilotro brothers buried in a cornfield. It also sent them reinvestigating cold Outfit hits from 30 years ago.

"It's hard to explain to the public how much work is involved," said James Wagner, president of the Chicago Crime Commission and a former FBI supervisor, who trained several of the agents. "You have to sit and transcribe those conversations in paper format, and that takes days and days of work right there, a mountain of paperwork," Wagner said. "And go back and find old witnesses."

Family Secrets began long before the terrorist attacks of Sept. 11, 2001. There were two FBI squads working the Chicago Outfit then. One was working the Calabrese end, the family that ran the Chinatown crew through gambling, loan-sharking, extortion and murder. But there was another FBI squad focusing on mob-boss heir apparent Jimmy Marcello of the western suburbs, who was preparing to get out of prison and run things the Chicago way.

Both squads folded into one after 9/11. Though resources were shifted toward terrorism, the Chicago FBI kept some of its top people on the Family Secrets case that many of you have been reading about this summer.

This weekend, thousands of words and hours of video will be devoted to great sports plays, the stupendous touchdowns and home runs, and all that pressure on the necks of the Cubs and Bears, professional athletes whose names are known to millions.

FBI agents on Family Secrets aren't on baseball cards. Their names are not known. Yet they're a team more important than a bunch of ballplayers.

The lead case agent was Mike Maseth, who knew relatively little about the Outfit when he was assigned the Calabrese case at its beginning. He spent nine straight determined years working the case and countless hours with Nick Calabrese after he flipped him. And agent Anita Stamat, working on the Marcello angle, decoded the Outfit dialect with the help of Ted McNamara, the FBI's walking Outfit encyclopedia. Veteran John Mallul was the supervisor with the institutional memory who took over when Bourgeois retired.

"Ted McNamara was the mastermind with the code," Stamat said. "He's worked organized crime for 15 years. He helped guide us through the context of the prison conversations. We were recording them in the visiting room. There could be 200 people there, having their own conversations, and sometimes, Marcello would say, 'Cover your mouth,' to his brother Michael, thinking we were reading lips."

They didn't have to read lips, because they were listening and taping.

Other agents include Luigi Mondini, Chris Mackey, Christopher Smith, Tracy Balinao, Andrew Hickey, Mark Gutknecht, Dana DePooter, Trisha Holt and Tim Keese. And from the Internal Revenue Service, there were Bill Paulin, Laura Shimkus and Mike Welch.

You might not know their names, but mention Maseth or Stamat or Mallul or McNamara or the others around wise guys, and their faces freeze. The officials say is the new reputed Chinatown boss, Frank "Toots" Caruso, wouldn't be afraid of an NFL linebacker, but he'd tighten up if Ted McNamara came by for a pork chop sandwich at the Caruso polish sausage stand on 31st Street in Bridgeport.

Outfit bosses Joseph "the Clown" Lombardo, Frank Calabrese Sr. and Marcello will probably spend the rest of their lives in prison as a result of the case, and Paul "the Indian" Schiro might die inside too. The youngest person convicted in the Family Secrets trial is Anthony "Twan" Doyle, 62, not a boss but a Chicago cop who spilled police secrets about the Fecarotta murder to the Outfit.

Once the FBI flipped Nick Calabrese and began decoding the prison talk of his brother Frank and of Marcello, the case mushroomed. One phase is done. Other cases are being developed as you read this. "I feel this is what the FBI does best," Mallul said, "good old-fashioned police work and investigations, combined with fortuitous events that align themselves."

Like a mob princeling sending a letter to the FBI.

Thanks to John Kass

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Smaller Christmas Tree for Chicago Outfit

While under investigation in 2001, mob boss Frank Calabrese Sr. was captured on tape predicting what the Chicago Outfit's future might look like, describing the crime syndicate in coded language as, of all things, a Christmas tree.

"It's gonna be a smaller Christmas tree that's gonna have the loyalty that once was there," Calabrese, then in prison for loan-sharking, said on the undercover recording. "And the, the big Christmas tree ... it'll never hold up. It's gonna fall. Watch it," he said.

Thanks in part to Calabrese's own recorded words, the Christmas tree tumbled last week as the Family Secrets jury found three Outfit figures responsible for 10 of 18 gangland slayings. Earlier this month, the same jury convicted the three as well as two others on racketeering conspiracy charges.

As a result, Calabrese, 70, a feared hit man blamed by the jury for seven of the murders; James Marcello, 65, identified by the FBI in 2005 as the head of the Chicago Outfit; and legendary mob boss Joey "the Clown" Lombardo, 78, face the prospect of spending the rest of their lives in prison. But as sweeping as the case was -- resolving some of the most notorious mob murders in modern Chicago history -- organized-crime experts say the Family Secrets prosecution won't derail an entrenched Outfit that dates to Al Capone.

After the trial Thursday, Robert Grant, the special agent in charge of the FBI's Chicago office, said the Outfit remains a priority because of its propensity for violence and corruption. "They're much like a cancer," Grant said. "Organized crime, if not monitored and prosecuted, can grow, can corrupt police departments, can corrupt public officials."

"We have dozens of open investigations," John Mallul, supervisor of the FBI's organized crime unit in Chicago, said in an interview.

Calabrese's prison musings about a slimmer but more focused mob appear to be on the mark, the experts said.

Law enforcement officials and the Chicago Crime Commission say the mob is now run in northern and southern sections, with street crews consolidated from six geographical areas to four: Elmwood Park, 26th Street, Cicero and Grand Avenue. Mallul estimates the Outfit has about 30 "made" members and a little more than 100 associates.

Although the mob may be smaller and more tightly controlled, it remains a force with an ability to deliver its trademark illicit services as always, the FBI and experts said.

The mob continues to push its way into legitimate businesses and infiltrate labor unions, offer gambling and high-interest "juice loans," as well as extort "street taxes" from businesses, Mallul said. "In a lot of ways, it's still the same rackets -- 50 years ago, 25 years ago and today," Mallul said.

The Outfit still controls dozens of bookies who rake in millions of dollars a year in the Chicago area, he said, giving the mob its working capital for juice loans and other ventures.

"Sports bookmaking is still a huge moneymaker for them," Mallul said. "On the low end, that can include parlay cards in a tavern all the way up to players betting $5,000 or $10,000 or more a game across the board on a weekend."

James Wagner, head of Chicago Crime Commission, said his organization's intelligence from law enforcement sources indicates Joseph "the Builder" Andriacchi controls the north while Al "the Pizza Man" Tornabene runs the south.

Wagner, a former longtime FBI organized crime supervisor, said the Caruso family runs the 26th Street crew, Andriacchi leads the Elmwood Park crew, Tony Zizzo controlled the Cicero crew until he disappeared a year ago and Lombardo still held influence over the Grand Avenue crew before his arrest.

Authorities believe John "No Nose" DiFronzo also continues to play a prominent role for the mob. His name came up repeatedly in the Family Secrets trial as an Outfit leader, sometimes under another nickname, "Johnny Bananas."

Neither Andriacchi, Tornabene nor DiFronzo has been charged in connection with the Family Secrets investigation. None returned calls seeking comment. An attorney who has represented DiFronzo in the past declined to comment. Wagner said all three reputedly rose in the ranks of the Outfit through cartage theft and juice-loan operations and have since moved into legitimate businesses.

Authorities have said Andriacchi earned his nickname through his connections in the construction business. In the undercover prison recordings, Calabrese identified Andriacchi as the boss of the Elmwood Park crew.

DiFronzo has long had a reputation as a car expert who attended auctions and worked at dealerships, Wagner said. He was convicted of racketeering in the early 1990s for trying to infiltrate an Indian casino in California. He also had connections to waste hauling, Wagner said.

Tornabene, believed by some to be the Outfit's current elder boss, earned his nickname from his family's ownership of a suburban pizza restaurant, authorities said. Law enforcement has recently observed Tornabene, who is well into his 80s, being taken to "business" meetings at his doctor's office, Wagner said.

"Many of these guys are obviously trying to stay out of the limelight as much as they can," he said.

The Family Secrets convictions could further embolden prosecutors in their assault on the Outfit. The verdicts appear to vindicate Calabrese's brother, Nicholas, one of the most significant mob turncoats in Chicago history, who provided crucial testimony on many of the gangland slayings.

His testimony could still spell trouble for DiFronzo and others he named in wrongdoing but who were not indicted, said John Binder, a finance professor at the University of Illinois at Chicago and mob researcher who wrote the 2003 book, "The Chicago Outfit."

Calabrese testified that DiFronzo was among the dozen men or more who fatally beat Anthony Spilotro, the mob's Las Vegas chieftain, and his brother Michael in 1986.

"This trial showed how many of these guys had jobs where they worked for the city or at McCormick Place," Wagner said. "When you look at the number that have been connected to the Department of Streets and Sanitation, the Water Department, it's hard to explain without the idea of clout being a factor."

In addition, a former Chicago police officer, Anthony "Twan" Doyle, was convicted of leaking inside information to the mob about the then-covert Family Secrets investigation.

"It's a problem Chicago has preferred to ignore," Wagner said.

Thanks to Jeff Coen

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Upholding the Legacy of Al Capone

To me the Chicago Outfit has always meant a Bears shirt and some loud sweatpants.

That's how little I've followed our neighboring city's organized crime syndicate until this week's verdict nailing five of its aging leaders and associates.

It's like "The Sopranos" episode that Tony hoped would never come. Tough guys with colorful nicknames were dragged into court by the feds to answer to charges of racketeering, illegal gambling, extortion, obstructing justice and 18 murders dating back to 1970. The jury returned guilty verdicts on the other counts but has yet to decide on the murder charges.

A panel of 12 peers, if that word can apply to a mobster trial, convicted James Marcello, 65, said to run the Outfit; Joseph "Joey the Clown" Lombardo, 78; Paul "the Indian" Schiro, 70; Frank Calabrese Sr., 70; and Anthony "Twan" Doyle, 62, a former Chicago cop.

The summer-long trial followed an investigation code-named Operation Family Secrets because two star witnesses were the brother and son of accused hit man Calabrese, who shouted, "Them are lies!" as the prosecutor told the jury he had left a trail of bodies.

Calabrese's brother, Nicholas, who pleaded guilty, said he peed his pants in fear as they dug a shallow grave for one victim. And he recalled that "Strangers in the Night" was playing on the jukebox at the restaurant where one guy was whacked.

There was plenty of mob-speak about high interest "juice loans" and grownup bullies collecting "street taxes" from fearful merchants. The jury saw surveillance photos and listened to tape recordings made in secret. They heard about "made" guys and "capos," bookies and henchmen. There was even talk of a severed puppy head and a dead rat being left to get someone's attention.

Wisconsin, long a vacationland for gangsters, got only brief attention at the trial. The Outfit buried a few hundred thou in cash up here but found it soaked and smelly when they dug it up.

Calabrese's lawyer tried to put a wholesome sheen on his client by saying he might as well be "a cheese salesman from Wisconsin."

One old-time Outfit figure mentioned at the trial was Felix "Milwaukee Phil" Alderisio. According to the Journal Sentinel archives, he oversaw organized crime activity in Milwaukee for his Chicago bosses in the 1950s and 1960s. He died in 1971.

Much better remembered here, of course, are the Balistrieris - dad Frank P. and sons Joe and John. They lacked a cool name like the Outfit, but they were the faces of our reputed Milwaukee mob. All three went to prison in the 1980s but were later released. Frank died in 1993, and his sons still live quietly here in town.

The FBI in Milwaukee has an organized crime detail, but these days they spend more time on groups from Eastern Europe and Asia, and street gangs.

"We don't see the Italian organized crime as being a large threat in the Milwaukee area," said special agent Doug Porrini. "There just haven't been any cases since the Balistrieris," Milwaukee U.S. Attorney Steve Biskupic added.

That's OK, we don't miss it. The level of disorganized crime here is bad enough.

The U.S. Department of Justice in Chicago admitted that this prosecution wounded the Outfit but did not kill it. As these men go off to prison, new leaders will step in.

It just wouldn't be Chicago without someone upholding the legacy of Al Capone.

Thanks to Jim Stingl

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The Chicago Mob Still Influential

Jurors have heard testimony about a Judas kiss like the one Michael Corleone gave his brother Fredo in "The Godfather."

They're heard about mobsters initiated as "made guys" by getting their fingers cut and having holy pictures burned in their bare hands in secret ceremonies. And they've heard about how those who crossed the "Chicago Outfit" sometimes ended up in the trunk of a car.

The city's biggest mob trial in years, involving five men in their 60s and 70s accused of crimes ranging from loan sharking to 18 long-unsolved murders, has lifted the curtain on the secrets of the mob - as it was decades ago. Most of the allegations date to the 1970s and '80s. But what about today? Experts say the mob is alive and well in the town that was once Al Capone's.

"People say, 'Look at how old these guys are on trial, it's a geriatric organization,' " said John Binder, author of "The Chicago Outfit (IL) (Images of America)."

"What you're seeing is just part of the organization," he said. "They're still doing gambling, they've still got some labour racketeering, they've got their hooks into some unions (and) they're still doing juice lending."

A few years ago, plans for a casino in the suburb of Rosemont were derailed amid concerns about mob ties in the village. And in the late 1990s, one of the largest unions in the United States, the Laborers International, publicly launched an effort to drive organized crime out of its Chicago District Council.

Jurors in the latest trial heard a secretly recorded tape of one of the defendants, Frank Calabrese Sr., talking about collecting "recipes," code for payoffs, in the late 1990s - while he was behind bars.

"What the trial has made clear is even when they are in prison they continue to exert influence and control," said James Wagner, the head of the Chicago Crime Commission, who investigated the mob for years when he was an FBI agent. And although the current trial's defendants are aging, others point out that the Outfit still has people ready to step in and take over for the old mobsters, known as "Mustache Petes."

"They're still there, there's still young guys coming up," said Jack O'Rourke, a retired FBI agent who also spent years investigating the Chicago mob. "And they're still powerful enough to kill guys."

Binder compared the mob to a corporation. "It's important in management to groom people," he said. "The Outfit is good at it; they've shown the ability to bring people up."

Still, the Chicago Outfit is showing its age, say some who have studied it.

"The Chicago mob used to be big time, and now it's just local thugs like Tony Soprano," said Gus Russo, author of a best-selling book about the Chicago mob titled simply "The Outfit."

"There's no doubt they still have some cops on the take, some lawyers, a judge here and there and labour unions. But now they are just a local mob," he said.

Chicago's mob probably lost some of its power because many of the illegal activities it once made money from are now legal, like casinos and state-run lotteries.

In addition, Russo said: "They had pornography, and now that's big business."

The Outfit has other opportunities, however.

"They've still got the sports betting," O'Rourke said. "They've controlled that forever and it is illegal."

But even that business has changed, O'Rourke said, because they way they collect the money has got a bit more genteel than in the old days.

"Now with the gamblers, they don't get tough any more and extort them," he said. "Instead, they're saying, 'You can't play any more.' To the gamblers, that's worse than getting beat up."

Even though some of its influence may be waning, the trial suggests the mob can still pull off the kind of tricks that made it infamous.

After rumours that he would testify at the trial, reputed mobster Anthony Zizzo vanished last year.

Then in January, a deputy U.S. marshal was charged with leaking information to reputed mob boss John (No Nose) DiFronzo about the co-operation and travel plans of Nicholas Calabrese, a key government witness and the brother of defendant Frank Calabrese Sr.

"Now they are more surreptitious than ever before, more cunning and intelligent in the way they operate," Wagner said. "They're not less dangerous or influential."

Thanks to Don Babwin

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The Clown goes verbal to deny he’s Keyser Soze

Reputed top mobster Lombardo makes high risk gambit
By Josh Casey

In a move that radically departed from mob courtroom strategies of thirty years or more, Joseph ‘The Clown’ Lombardo, reputed mobster and, moreover, widely alleged to be the hidden boss of the Chicago Outfit, took the stand in his own defense.


Mob boss 1982? or Keyser Soze 2006?


What makes Lombardo’s appearance on the stand highly unusual is that for decades, alleged mobsters have relied upon the maxim that silence is golden. In other words, you can’t get caught out if you don’t speak out. That, along with leaving the prosecution to prove its case beyond a reasonable doubt without the assistance of self-incrimination has become standard practice for all mobsters, and especially those with most to lose, the bosses. Another factor in that strategy has been that most often the cases were slam-dunks anyway, so little was to be gained but much more could be lost by being tripped-up by cross examination.

What makes a difference in the Family Secrets trial (the name originating from the FBI code name for the investigation) as far as Lombardo is concerned is twofold. First, most of the evidence against him is historical; he had previously been found guilty in two federal trials in the 1980s and duly served his time.

Secondly, much of the accusations against him in the Family Secrets case have been circumstantial and/or based on anecdotal accounts and rumor bordering at times on folklore. Witnesses, mostly criminals or associates, and most with an axe to grind, expressed mostly hearsay reports of his alleged culpability in this or that, or of him being the fiendish mastermind behind the Outfit.

There has barely been any of the ‘hard evidence’ normally required for murder trials, indeed, one of the most emotive accusations - that by the former wife of Daniel Seifert, who was shot to death in 1974 - was starkly undermined by the very star witness widely expected to confirm Lombardo’s guilt: ‘made’ Outfit member, Nicholas Calabrese.

It had long been speculated that Lombardo was one of the masked killers of Daniel Seifert, and the former Mrs. Seifert gave evidence earlier in the trial that she believed the man who delivered the coup de grace was Lombardo, based on her personal familiarity with him as a family friend at the time – citing his height and build, and in particular that he was ‘light on his feet’, remarking that Joseph Lombardo had once been a boxer and was very nimble on his feet also.

Calabrese, however, revealed his knowledge to be that Joseph (Joey) Hansen, a now deceased member of Tony Spilotro’s street crew of that time, fired the fatal shot. Allegedly, Seifert was killed because he was due to give evidence implicating Lombardo and Spilotro (also alleged to have been among the masked killers) in an impending fraud trial; hence a Spilotro henchman being the culprit would have as much logic as any other scenario. The defense also called a former FBI agent who told how Mrs. Seifert offered no such information at any time during the original investigation.

It can only be a matter of speculation whether Rick Halprin, Lombardo’s wily and respected attorney, announced that he was putting his client on the stand as a sign of confidence or of desperation, but it was a considerably risky gambit.

The current trial, it can be argued, has produced little beyond material already used in the 1980s trials, for which Mr. Lombardo has already paid his debt. Since then he has taken the eccentrically bizarre step (he’s not called the clown for nothing) upon his release in 1992 of publicly renouncing any involvement in organized crime via an advertisement in the Chicago Tribune. Since then, he has been accused of no further crimes, regardless of the widespread belief in some quarters that he is the clandestine Eminence Grise of the Outfit.

Suspicion, anecdote and accusation, and especially hearsay, are not usually regarded as evidence, and few of these charges would seem likely to hold water anywhere beyond the U.S. Title 18, chapter 96, so-called RICO statutes where the establishment of a criminal enterprise is the primary requirement. Under this amorphous definition, the alleged collective crimes required to be proven to qualify the enterprise often seem to suffer from a lower, hazier level of scrutiny, a kind of sub-prime justice.

In other words, if you throw enough shocking photographs of disfigured remains, and the tawdry usual suspects point fingers alleging that this man is the Outfit’s Keyser Soze, and that guy cut people’s throats (true though any of it might be), combined with endless tales of beaten up bookies, extortion, killings, bombings and mayhem in general, and all the names can be joined up from time to time, then bundle it all up together, the mud sticks in the minds of juries, without each component being tried to the normally necessary standards of proof as when a single charge.

While the prosecution scored no direct hits on Lombardo (in fact the prosecution have signally failed to live up to the pre-trial ballyhoo and nail anything of substance to its primary target) with its opening evidence, significant circumstantial mud was spattered and Lombardo’s team have decided he is best placed to rid himself of it. A likely tactic always was for him to deny any association with any criminal enterprise since his release in 1992, something the cold record might seem to support, and that to penalize him for past misdeeds would be tantamount to double jeopardy. And any conclusion implied that he is still involved simply because he discussed the Spilotro killings while in the dentist’s chair of their brother, whom he had known for decades, seemed tenuous, to say the least, and even a finger print on a document might not necessarily construe that he pulled a trigger, at least not this time.

The greatest danger for defendants with a long past of criminal association taking the stand is that whatever they say opens the door for the prosecution to dissect all that they utter, and any topic introduced means that topic is then fair game. And if a defendant’s history is long enough, and Lombardo is now 78 years old, that is a lot of topics to avoid and protect from slip-up and errors brought about by the intense probing, and preparation, of the prosecutors. And Lombardo could be certain that those U.S. Attorneys did not get the last couple of weekends off.

His gambit was highly risky, but time and the jury will tell if it paid off. On the other hand, the U.S. attorney’s case has looked sadly anemic in places, and perhaps Lombardo and Halprin did not think there was too much to worry about, so could afford to try to swing the jury to thinking he is a kindly, humorous retired senior citizen, who has left a regrettable past far behind. He’s not called the clown for nothing. But Lombardo better than most should appreciate what the word gambit really means, as its roots, like his own, are Italian. It derives from Gambetto, and means ‘tripping up’ and that can hobble you for life.

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Third Defendant Testifies at Mob Trial

Former Chicago police officer Anthony Doyle took the stand Wednesday to deny he ever helped the mob by passing along sensitive information about a mob murder.

Doyle, who was born Anthony Passafiume, is accused of using his position as an officer in the evidence room of the Chicago Police Department to check on the status of blood-soaked gloves worn by mobster Nick Calabrese in the slaying of John Fecarotta. What he found, prosecutors allege, is that the gloves had been turned over to FBI investigators, sealing Nick Calabrese's fate and forcing him down the road of mob informant. Feds have Doyle on video and audiotape visiting mobster Frank Calabrese Sr., Nick's brother, in prison. On the tapes, he tells the Calabrese one of the dates in the file on the gloves.

Doyle, being led through testimony by his attorney, Ralph Meczyk, began Wednesday to try to explain how that happened.

He is the third defendant in the mob conspiracy case to take the stand in his defense. The other two were Joseph Lombardo of Chicago and Frank Calabrese Sr. of Oak Brook. James Marcello of Lombard and Paul Schiro of Arizona are not expected to testify.

Doyle maintained that he knew Frank Calabrese Sr. since he was a young man and met him growing up. The two began an association based on a mutual love of athletics, Doyle said. Doyle hadn't seen Frank Calabrese Sr. for years when he began visiting a federal penitentiary in Milan, Mich., where another friend of Doyle's was incarcerated.

Doyle, apparently in an attempt to show he wasn't hiding anything in the visits, testified he had to fill out an application with the Bureau of Prisons, listing his employer, in order to visit.

Doyle's incarcerated friend mentioned his visit to Frank Calabrese Sr., who passed along word that he wanted to see his old friend, Doyle testified. "He'd (Calabrese) been my friend since I was a young boy. I thought maybe he was in need of a friend … so I agreed to go up and visit him in Milan," Doyle said.

Calabrese Sr. arranged for him to drive up with Mike Ricci, another former police officer indicted in the case. Ricci died of natural causes before trial.

Once at the prison, Doyle said, Calabrese Sr. and Ricci began speaking in a confusing lingo he didn't understand. "He spoke now more in some sort of a mind-boggling code," Doyle testified. But Meczyk didn't ask why Doyle never asked the two why they were speaking in code or what it meant.

Instead, he steered Doyle toward recalling why he looked up information on the gloves. Ricci, a fellow cop, had called and asked him for the information, Doyle testified. And why, then, did Doyle relay a date from the file to Calabrese, Sr. on a separate visit, Meczyk asked.

Ricci, Doyle claimed, asked Doyle to, saying Ricci had told Calabrese, Sr. once, but Calabrese Sr. believed Ricci was senile.

Meczyk will continue his questioning of Doyle today, and then prosecutors will cross-examine him.

Thanks to Rob Olmstead

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Family Secrets Doctor is No McDreamy

"She's gotta get blood work, she's gotta get this before she sees the doctor."

"Oh, all right."

That's not some heated exchange on "House," because the doctor in this show isn't the sarcastic fellow with the cane on TV. And it's not "Grey's Anatomy" either, another doctor show favored by female viewers, where the male lead is nicknamed Dr. McDreamy by the steamy female staff.

No one would say the doctor referenced above is Dr. McDreamy. You wouldn't call him that. The Doctor McDreamy in "Grey's Anatomy" is a pretty boy. He would never sell pork chop sangwiches on 31st Street in the 11th Ward.

"The Doctor" is Outfit code in the historic Family Secrets federal criminal case against the Chicago mob. There've been so many nicknames lately, even I can't keep them straight, and neither can the witnesses.

Unlike other doctors, this one wasn't board certified. Law enforcement officials say he got his trauma license from Joe the Builder and from some guy named Johnny Bananas.

We'll hear more about the doctor in court on Thursday. He'll be identified as a certain Dr. Toots, who practices everywhere he wishes, when the exchange about the doctor and blood work will be played along with other FBI recordings.

The star of Thursday's show will be Anthony "Twan" Doyle, the former Chicago police officer and 11th Ward Democratic precinct captain who worked in the evidence room of the Chicago Police Department. He'll be cross-examined by federal prosecutors.

Doyle is accused of warning the Outfit's Chinatown crew that the FBI was seeking a key piece of evidence in the Outfit killing of mobster John Fecarotta. The tapes incriminate him. The key evidence was a glove that was worn by confessed hit man Nicholas Calabrese, the guy I told you about in this column years ago now, when the Family Secrets case began, as Nick slipped into the witness protection program to become the linchpin in this fantastic trial.

Testifying in his own defense Wednesday, Doyle said that he regularly visited Calabrese's brother and co-defendant, Chinatown no-neck Frank Calabrese Sr., in the federal prison in Milan, Mich. He felt sorry for Frank, who had family problems, and who helped him develop big muscles as a lad.

Doyle testified he'd drive up to prison with another of Chicago law enforcement's finest -- the late Michael Ricci -- a homicide detective who changed jobs to run the sensitive Cook County sheriff's home-monitoring program.

Who was it that said good government is good politics? It was probably some 11th Warder who knew how to find Chinatown.

On Wednesday, Doyle testified he suffered through these prison visits with Frank Calabrese, fetching sangwiches, listening to nonsensical coded talk he said he couldn't understand, for hour after hour, nodding dumbly but politely during the yapping about doctors and sisters and missing purses and "Scarpe Grande" finding those purses.

Scarpe Grande means "Big Shoes," Chinatown code for the FBI, and, you may have noticed, it's not Chinese. And "purses" probably means evidence.

Ralph Meczyk, Doyle's attorney, asked Doyle if he felt relieved once these prison visits were done. "I felt like I was paroled," Doyle told the jury. "Sitting in that chair, listening to gibberish I couldn't understand."

He sighed, seeking sympathy, a large man with muscles at 62, with a face like a stone and his voice a heavy door with old hinges. Doyle is not the Officer Friendly you would ask for directions for a pork chop sangwich. But he denied ever collecting juice loans for the Outfit, and insisted he never tipped off the mob about Scarpe Grande seeking the Nick Calabrese bloody glove from the police evidence room in January 1999.

Yet he proudly talked of working for the 11th Ward Democratic Organization, and hopping on the City Hall patronage payroll wagon, first at Streets and San, later running the parking lot at police headquarters and becoming a patrolman.

On Thursday, prosecutors will focus on the Chinatown code to explain their theory that Frank Calabrese was afraid someone close to him might be talking to the feds.

"What they should do is maybe bring her to see a psychiatrist," Calabrese says on tape, speaking of a sick sister, if a sick sister had hairy arms and killed people for money.

"Shock treatment," Doyle says, understanding the prescribed Outfit method to cure Feditis, a malady of the chattering mouth. "Probably needs a good prod."

I don't know how Doyle will deny all this -- and what he says about lead federal prosecutor Mitchell Mars, blaming him for their upset stomachs.

"I said I'll bet you it's that [four letter word]ing Mitch Mars, that's what I think," Doyle tells Calabrese.

"The doctor," says Calabrese.

"The doctor," says Doyle.

I know the doctor from Chinatown isn't McDreamy. But he's got to be mcsteamy right about now.

Thanks to John Kass

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Calabrese Mob Brothers Exchange the Judas Kiss for Christmas

It was Christmas Eve 1996, and reputed Outfit hit man Frank Calabrese Sr. was seeing his brother Nicholas out the door after breaking out the Napoleon brandy, when his brother made an unusual request.

"He walks to the door and says, 'Can I kiss you on the lips?' " Calabrese Sr. recounted to jurors in the Family Secrets trial Monday. "He kissed me on the lips," Calabrese Sr. said. Only later, Calabrese Sr. testified, would he realize "the kiss he gave for Christmas was a Judas kiss."

That night would be the last one when Calabrese Sr. would hear his brother talk at length -- until Nicholas Calabrese, now a confessed Outfit killer, took the stand in the Family Secrets trial to bury his brother and tell jurors how they murdered people together for the mob.

Calabrese Sr., on trial for allegedly killing 13 people for the Chicago mob, struck back against his family on Monday after first hearing his brother, Nicholas, and then his son, Frank Jr., testify against him.

Frank Calabrese Jr. told jurors how he secretly recorded his father while they were both in prison. Then jurors heard those recordings of Frank Calabrese Sr. apparently describing in detail various mob murders.

On Monday, in his first full day of testimony, Frank Calabrese Sr. tried to counter his family's testimony and explain his own recorded words.

Calabrese Sr., accused of being a mob crew leader, said his brother Nicholas was really in charge and compared him to the weak brother, Fredo, in the 1972 mob movie "The Godfather."

Except Calabrese Sr., in one example of many verbal slips throughout the trial, used the name "Alfredo."

"My brother was like Alfredo in 'The Godfather,' " Calabrese Sr. testified. "If he wasn't running things and screwing things up, he wasn't happy."

Weak though Nicholas Calabrese may be, he still turned Calabrese Sr.'s two eldest sons, Frank Jr. and Kurt, against him, Calabrese Sr. testified.

Calabrese Sr. accused his oldest son, Frank Jr., of repeatedly leading him into conversations while they were both in prison to make him sound like a murderous gangster. "He can make Jesus look like the devil on the cross," Calabrese Sr. said.

On one secret recording, Calabrese Sr. describes how top mobsters inducted him into the Chicago Outfit as a full member, how his finger was cut, how a holy card was burned in his hand.

On the stand, Calabrese Sr. scoffed at the notion that he was a made member.

So how did he know the ritual? "The Valachi Papers," Calabrese said, referring to the 1968 memoir by gangster Joseph Valachi. "I seen that in the book."

In another recording, Calabrese Sr. tells his son that he stripped the clothes off a man he had just killed. "I told him that to humor him," Calabrese Sr. explained.

Other times, Calabrese Sr. said, he just lied to scare his son out of mob life.

Calabrese Sr. blames his family for conspiring to keep him in prison, so they could steal his money. "Joe, I love my kids and my brother . . . it's just that they gotta grow up," Calabrese Sr. told his lawyer, Joseph R. Lopez.

Calabrese Sr. has strived to appear even-tempered, but his anger flared earlier in the day when the judge refused to let him detail how his family stole from him.

Calabrese Sr. snapped after the judge upheld another prosecution objection to his testimony.

The judge declined to let Calabrese Sr. testify about matters he couldn't prove and threatened him with contempt. "Your honor, how am I supposed to defend myself?" Calabrese Sr. said, his jaw clenched, his lower lip quivering with rage, the face of the kindly grandfather long gone.

"My brother was like Alfredo in 'The Godfather.' If he wasn't running things and screwing things up, he wasn't happy."

Thanks to Steve Warmbir

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From Eating Oatmeal as a Boy to Earning for the Mob

Chicago Outfit loan shark and accused hit-man Frank Calabrese Sr. didn't have the gall to wear his First Communion suit on the witness stand. It wouldn't have fit, anyway.

Instead he wore a pale sports coat just on the edge of ivory, like an older bride with plenty of miles, still yearning for the white on her big day.

Calabrese testified in his own defense in the "Family Secrets" trial on Thursday, explaining that as a boy, his family was so poor they ate oatmeal most every night, that he had to leave school in the 4th grade to help deliver coal. And, how he grew up with an intense desire to protect the weak against the strong, even when the weak owed him money from his juice loans and couldn't pay him on time.

"I hated bullies and I still hate them today," said the knightly Calabrese, led through his story by crafty defense lawyer Joseph Lopez.

Yet when court resumes Monday, Calabrese will face cross-examination by federal prosecutors, so the jury won't see Sir Frank of Chinatown, but a different Frank, the Frank on federal tape giggling about murders.

The jury will hear about his many alleged victims, dumped into holes like so many goo-goo dolls, those yellow rubber toys of years ago. Put your thumbs on their throats, squeeze hard, and their eyes bug out, the tongues protrude, they make a strange noise, which is the way his brother, Nicholas Calabrese, described the effects of Frank's heavy work in earlier trial testimony.

"Murder? No way. No way," Frank kept telling Lopez, also resplendent in a pink shirt and electric yellow tie, as Lopez directed him through more than two hours of testimony designed to give context to Calabrese's life and have his client repeatedly deny he killed anyone.

Lopez's theory is that Frank's son and his brother Nick conspired to rip off Frank's money and keep him in prison. It's an interesting theory. But on Monday, as those tapes are played, the tapes his son Frank Jr. recorded in prison conversations with his father for the FBI, the theory will have a side effect.

Calabrese's co-defendants -- Joseph Lombardo, Paul Schiro, Anthony Doyle and James Marcello -- will look up and feel the fork in them and know they're done.

Some of my colleagues have been tempted to say that the Chicago Outfit is done, too, but it is not. Today's web was woven long ago, when Paul "The Waiter" Ricca moved here from New York and quietly allowed Al Capone to play the loud baboon in the shiny suit.

Calabrese is an example of this influence, a portly squire from the Chinatown crew, which still reaches into the 11th Ward, home of mayors. His brother-in-law was the late Ed Hanley, president of the powerful international hotel workers union, who dabbled in wiseguys and politics from Chicago to Las Vegas.

Hanley got him a city job, and later Frank got Nick a city job running McCormick Place, and depending on what testimony you believe, they either killed a lot of people together or they didn't, but they made a lot of money.

Calabrese explained on Thursday that the Outfit is dedicated to money, composed of two kinds of men, those who earn, and those who do the heavy work.

"And what is the heavy work?" Lopez asked.

"Killing people," Calabrese said, "but I didn't kill people, I was an earner ... I earned millions ... I didn't have time to do that other stuff."

He did this, he said, by loaning money at high rates to gambling addicts who couldn't go into a bank and apply for loans.

Listening to him, I wondered how lousy he must feel, in prison now, with so much opportunity outside, as City Hall pushes quietly for a giant city-run gambling casino, one that would have its own "independent" gaming commission controlled by the mayor, so it won't be subject to bothersome state regulations.

Loan sharking is part of gambling, in casinos or on Rush Street, though scary collectors aren't featured in the commercials. Calabrese testified that in his loan-sharking business, he never threatened or hurt anyone, but they paid anyway, but not from fear.

Yet it was instructive, with Calabrese explaining the meaning of "the sit down," a meeting designed to settle disputes, like the time Butch Petrocelli (one of the alleged victims) "kept sticking his nose in there" to try and take away Calabrese's card games, Calabrese said.

"It was all done diplomatically," Calabrese said. "The head of this group sits there, the head of that group sits there. And someone very important, like [late Outfit boss] Joey Aiuppa sits there."

Lopez asked: "Was there any swearing or cursing?"

"Swearing or cursing? Oh, no. It was diplomatic," Calabrese said. The way he said "oh, no" was quite odd. It was something a PTA mom would say, not some Chinatown bone-crusher who sat meekly before the boss.

The jury stopped taking notes, and stared, transfixed, as if a penguin from the zoo were sitting in front of them reading "The Divine Comedy." And Calabrese faced them, in his almost white ivory jacket, blinking.

Thanks to John Kass

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Calabrese Delivers Longwinded Testimony

Frank Calabrese Sr. went from eating oatmeal for dinner as a child to making millions of dollars from illegal street loans but denied Thursday from the witness stand that he ever killed anyone for the Chicago Outfit.

Calabrese is an allegedly prolific hit man, accused of 13 murders in the Family Secrets mob case in federal court.

The 70-year-old man, who complained about his bad hearing, took the stand for two hours in the case to deny each murder he's accused of. He described a life of doing business with people in the Outfit and hanging around mobsters but not being part of the mob himself.

Calabrese was dressed conservatively, in a tie, suit coat and slacks, and often looked directly at the jury as he was questioned by his attorney, Joseph "The Shark" Lopez, outfitted in a hot pink shirt, matching pink socks, lemon tie and black suit.

In his questioning, Lopez made the distinction between people who were "earners" and people who did "heavy work," in other words, murder.

"Were you an earner or did you did you do heavy work?" Lopez asked.

"Joe, my earnings spoke for themselves," Calabrese said.

"I made millions. How would I have time to do it?" Calabrese Sr. said, referring to the murders he's accused of.

As his lawyer asked him questions, Calabrese would go on and on -- so much so that the judge told him to just answer the questions he was asked.

From the witness stand, Calabrese appeared to be struggling not to lose his temper as Assistant U.S. Attorney John Scully repeatedly objected to Calabrese's expansive answers.

At one point, Calabrese was asked about a club he belonged to. He answered but added, "Can I tell you how they raised money for the club?"

"No," Lopez said, trying to cut him off.

"Just asking," Calabrese said.

Calabrese said he was partners with mob boss Angelo LaPietra in the street loan business but insisted he did not report to LaPietra as his boss.

"He did never control me -- never," Calabrese said.

"Many people feared him," Calabrese said of LaPietra, a brutal mob killer who had such nicknames as "Bull" and "The Hook."

"Many people couldn't look him in the eye when they talked to him. I never had that problem," Calabrese said.

Calabrese has seen both his son, Frank Calabrese Jr., and his brother, Outfit killer Nicholas Calabrese, testify against him at trial.

His son put his life on the line and secretly recorded his father while they were both in federal prison in 1999 on another case.

Jurors have already heard excerpts from those extensive conversations, in which Frank Calabrese Sr. apparently describes mob murders in great detail.

Frank Calabrese Sr. will have to explain those conversations to the jury. He's also expected to blame his brother, Nicholas; his son, Frank Jr., and a second son, Kurt, for conspiring to frame him for the mob murders to keep him in prison, so they could steal his money with impunity.

Kurt Calabrese is not a witness in the case but quietly slipped into court Thursday to watch his father's testimony. At one point, the two locked eyes briefly, and Calabrese Sr. appeared a bit unsettled.

Thanks to Steve Warmbir

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Lawyer on Lombardo: Hustler? Yes, Gangster? No

Friends of ours: Joey "The Clown" Lombardo, Frank Calabrese Sr., Anthony Doyle, Nicholas Calabrese
Friends of mine: Frank Calabrese Jr.

Lawyer Rick Halprin stood a step from the jury box Monday at the Family Secrets trial and painted a picture of a vastly misunderstood Joey "the Clown" Lombardo.

Lowering his normally deep, echoing voice, Halprin contended the reputed leader of the Outfit's Grand Avenue street crew was "a hustler and not a gangster," telling jurors that his client's ambition got him tangled up with the wrong crowd and mislabeled a mobster. "Joey Lombardo is not, was not and never has been a capo or a made member of the Chicago Outfit," Halprin said.

His remarks came after federal prosecutors completed seven weeks of often-dramatic evidence and the defense opened for the five men on trial in a conspiracy case that at its heart involves 18 long-unsolved gangland slayings.

The trial's next few days could be pivotal as Lombardo and another key defendant, Frank Calabrese Sr., are expected to testify on their own behalf, their attorneys said. Former Chicago Police Officer Anthony Doyle, another defendant in the case, may testify as well.

The investigation's Family Secrets code-name came as a result of cooperation by Calabrese's brother and son. In recent testimony, the brother, Nicholas, an admitted Outfit hit man, implicated Calabrese in more than a dozen of the mob killings. The son, Frank Jr., also testified after secretly recording conversations with his father.

The task could be tall as well for Lombardo, 78, as he tries to dispel his image as one of Chicago's most clever and colorful organized-crime figures of recent decades.

In a highly unusual, strategic move Monday, Halprin delivered his opening statement on Lombardo's behalf weeks after the landmark trial began in late June and other defense lawyers addressed jurors. Halprin denied his client took part as charged in the massive criminal conspiracy but admitted he had one connection to questionable activities on the West Side. "He did, in fact, run the oldest, most reliable craps game on Grand Avenue," Halprin said with a smile.

Lombardo sat back at his defense table, watching his lawyer. At one point he looked toward the courtroom gallery while adjusting his glasses, as if gauging reaction.

Halprin's remarks lasted about 30 minutes. He stood away from a lectern, gesturing with his hands and explaining Lombardo's point of view.

Halprin portrayed Lombardo as a businessman who fell into trouble after mixing with the wrong people. He was friends with men such as mob-connected bail bondsman Irwin Weiner and labor racketeer Allen Dorfman and got swept up in their schemes, he said. Lombardo was convicted with Dorfman in an attempt to bribe the late U.S. Sen. Howard Cannon of Nevada, Halprin told jurors, and was later convicted of skimming millions of dollars from a Las Vegas casino. But Lombardo played a minor role, Halprin said, and didn't see a dime of any casino cash. He was snared in the case because he spent time at Dorfman's office while the FBI was wiretapping conversations there.

In prison in the 1980s, Lombardo had an epiphany, the lawyer said. "He knew for the rest of his life, in the public's perception, [it would be]: reputed mobster, reputed gang boss," Halprin said. "He decides to withdraw from his past life."

Lombardo took out a newspaper ad in the early 1990s claiming he wasn't a made member of the mob and asking anyone who witnessed him commit a crime to call his probation officer or the FBI.

He has held to a lawful lifestyle ever since, Halprin said, working at an upholstery factory and minding his own business.

Jurors would not see a witness come into the courtroom and identify the Lombardo of the past decade as anything "other than older, smarter, wiser and a decent citizen," Halprin promised.

Halprin denied Lombardo played any part in the 1974 murder of federal witness Daniel Seifert, the lone killing in which he has been implicated. Seifert was fatally shot before he could testify against Lombardo and others in a fraud case. But Halprin said his client was 20 miles away in a restaurant at the time of the killing.

Also Monday, a defense witness testified he witnessed the 1983 murders of Richard Ortiz and Arthur Morawski and contradicted the testimony of Nick Calabrese, the government's star witness. Terry Pretto, 56, who was the first witness called for Frank Calabrese Sr., testified he lived above the Cicero bar owned by Ortiz at the time of the murder.

Pretto said several times that he was "petrified" to be testifying and faced the wrong way as he was about to be sworn in Monday. U.S. District Judge James Zagel asked him to turn around and face the bench. "Sorry guy," Pretto said.

The gray-haired Pretto said he left his pregnant wife upstairs to buy a six pack of beer on the night of the shooting when he saw a man standing in front of Ortiz's car. Pretto said a single gunman with no mask or gloves shot the men. He identified the gunman as a Cicero police sergeant.

Calabrese testified that he and his brother carried out the killing after Ortiz crossed the Outfit.

On cross-examination by Assistant U.S. Atty. Mitchell Mars, Pretto acknowledged he never gave a statement about what he contends he saw until May 2000, 17 years after the murders.

Mars pressed him for details, and Pretto admitted again that he was flustered. "I'm scared," said Pretto, even telling the prosecutor "you might come after me tonight."

"No, I guarantee it won't be me," Mars answered.

Mars also asked if it was possible Pretto was naming the police officer because he had a grudge against him. He asked if Pretto remembered giving a statement saying that the officer had once handcuffed him in Cicero and beaten him up.

Pretto said he didn't recall. "I've been handcuffed a lot of times in Cicero," he said.

Thanks to Jeff Coen

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The Clown to Enter Center Ring at MobTrial

Friends of ours: Joseph "Joey the Clown" Lombardo, James Marcello, Nick Calabrese, Michael Marcello

In the upcoming defense of the five men on trial in the Family Secrets case, there will be one star attraction: the Clown.

Joseph "Joey the Clown" Lombardo will take the witness stand in his own defense, his attorney, Rick Halprin, said in court Wednesday as the prosecution all but wrapped up its case.

Lombardo's defense "obviously centers around his testimony," Halprin said. And he has been put at the highest levels of the Chicago Outfit in trial testimony. Lombardo, 78, has never testified in a criminal case in his own defense. He gave a deposition in a union proceeding and spoke to the judge before he was sentenced in a criminal case in the 1980s.

Halprin deferred his opening statement for Lombardo until after the prosecution rested its case. Halprin is expected to give his opening on Monday.

Lombardo has an alibi for the day Seifert was killed. He contends he was reporting his stolen wallet to police at the time of the murder.

Defense attorneys for other men on trial, including the reputed head of the Chicago mob, James Marcello, will say Monday whether their clients will take the stand too.

As prosecutors brought their case to a close Wednesday, they played several more secret tape recordings made when Marcello was visited by his half-brother, Michael, at a federal prison in Milan, Mich. The tapes appear to show great concern by the Marcellos over the cooperation of Nick Calabrese, a mob killer who has testified at the trial.

Michael Marcello was the owner of a company that put video gambling machines in bars in the western suburbs. IRS Revenue Agent Michael Welch testified that the company failed to report at least half its income from 1996 to 2003, to the tune of $4.3 million. A top mob investigator with the IRS, William Paulin, testified earlier that when he and other agents searched Michael Marcello's company in 2003, they found thousands of dollars in apparently unreported cash.

Thanks to Steve Warmbir

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Dentist and Lawyer in Heated Courtroom Exchange

Friends of ours: Joey "The Clown" Lombardo, Anthony Spilotro, James Marcello, Nicholas Calabrese
Friends of mine: Michael Spilotro, Michael Marcello

Joey "the Clown" Lombardo spent months eluding federal authorities after he was indicted in the Family Secrets mob-conspiracy case, but he couldn't outrun the pain of an abscessed tooth.

So in January 2006, he quietly made arrangements to see his dentist, Patrick Spilotro, after Spilotro's Park Ridge practice had closed for the night. But Lombardo didn't know that Spilotro was an FBI tipster, hoping to help solve the murders of his reputed mobster brothers, Anthony and Michael Spilotro.

Testifying Tuesday at the Family Secrets trial, a sometimes tearful Patrick Spilotro said he told the FBI about a second clandestine appointment a few days later with the fugitive -- this time to adjust a bridge.

"They knew the exact time" of the visit, he testified in the Dirksen U.S. Courthouse, providing the most complete account yet of how Lombardo was captured after nine months on the lam. The reputed mob boss was arrested in Elmwood Park that same day.

Lombardo is one of five men on trial in the sweeping conspiracy case involving 18 previously unsolved murders, including the Spilotros' killings in 1986.

During the visit for dental work, Spilotro said he pressed Lombardo again about what had happened to his brothers. Lombardo, who was in prison when the slayings occurred, had always told him the slayings wouldn't have happened if he had been free, Spilotro said. But this time the answer changed. "I recall his words very vividly," Spilotro testified. "He said, 'Doc, you get an order, you follow that order. If you don't follow the order, you go too.'"

Lombardo occasionally leaned over on his cane to talk with a lawyer during Tuesday's testimony.

Upon cross-examination, Lombardo's lead attorney, Rick Halprin, asked Spilotro whether the person he treated was simply an old man with a bad tooth. Lombardo, whose defense strategy suggests he is preparing to testify on his own behalf, contends he is only a mob-connected business man, not an Outfit boss.

U.S. District Judge James Zagel is expected to ask each of the five defendants whether they plan to testify as soon as Wednesday.

Spilotro also testified that his brother, Anthony, was in his office on June 12, 1986, just two days before he vanished. While there he had access to a phone, and apparently called the home of defendant James Marcello, according to phone records displayed Tuesday.

Marcello, the reputed leader of the Chicago Outfit, already has been blamed in the Spilotro killings by the trial's star witness, mob turncoat Nicholas Calabrese. And Michael Spilotro's daughter has testified that Marcello called her father at home the day he and his brother disappeared.

Patrick Spilotro's testimony Tuesday led to one of the most heated cross-examinations to date in the trial.

Marcello's lawyer, Thomas Breen, asked Spilotro about his decision to clean out Anthony Spilotro's hotel room before he had been reported as a missing person and before police had searched the room for fingerprints.

"It's what I did at that time," said Patrick Spilotro, who seemed to struggle with his emotions throughout his testimony. "I really didn't have my whole head on at that time."

Breen asked what would have happened if the Spilotro brothers had returned to the room and thought there had been a burglary. They had been missing for barely 24 hours when Patrick Spilotro cleaned out the room.

"That would've been a blessing for me then," said Spilotro, who said he knew enough at the time to guess that his brothers would never be coming back. His sister-in-law, Ann, had told him that her husband, Michael, believed he could be in danger.

"She told me where they went," Spilotro said, raising his voice slightly. "They went with Marcello."

At that remark, Breen paced around the lectern, then walked up to Spilotro. Breen told Spilotro his sister-in-law never mentioned Marcello by name during her testimony. "You were the first person to ever share that, doctor," Breen said sarcastically. "Ever report that to the FBI?"

"The FBI was aware that Marcello had called there and [my brothers] went to meet him," Spilotro answered.

"Yeah, right," Breen shot back. "That's the problem when somebody does [their own] investigation."

Prosecutors ended the day by playing recordings made while Marcello was being visited by his brother, Michael, at a federal prison in Michigan. The men, who did not know they were being recorded, spoke about the Family Secrets investigation with code and hand gestures.

Allegedly referring to Nicholas Calabrese as "Slim," authorities said the men can be heard speculating about whether Calabrese is cooperating with them.

In a later video from January 2003, the brothers are seen sitting side-by-side in a prison visiting room. They are heard discussing a source -- who authorities contend was a U.S. marshal (John Ambrose) working a witness security detail. The source had confirmed for the brothers Calabrese's cooperation with the authorities.

The source had seen a summary from Calabrese outlining the participants in some 18 homicides, including the slayings of the Spilotro brothers, which the Marcellos referred to in code as "Zhivago."

"All your names are on that [expletive]," Michael Marcello could be heard to say.

"You're kidding," his brother replied.

Thanks to Jeff Coen

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