The "Mafia Cops" have something else to digest over Thanksgiving: a new version of the federal indictment accusing them of being hitmen for the mob. Brooklyn federal prosecutors Wednesday released a retooled indictment, their fourth version, in the racketeering charges against ex-NYPD detectives Louis Eppolito and Steven Caracappa.
Eppolito and Caracappa already face a total of 10 homicide charges in the racketeering case that started with their arrest in March. The new indictment didn't add any new murder victims but did add two murder-for-hire allegations to cover the killings of Gambino mobster Edward Lino in 1990 and diamond dealer Israel Greenwald in 1986. The new charges also added a 1982 bribery allegation against Eppolito,56.
News of a new indictment angered defense attorney Edward Hayes who is representing Caracappa, 63. Hayes said the defense now has to revise motion papers, which already cost tens of thousands of dollars to prepare, because of the latest grand jury action. He thinks prosecutors are trying to delay the trial, now set for February. "This is their fourth try to make this case," said Hayes. "I think it is fair to ask if there are facts they want to put before the jury or whether they want to postpone it because they don't see a way to try the case." A spokesman for the Brooklyn U.S. Attorneys Office couldn't be reached for comment Wednesday.
Caracappa and Eppolito are accused in the case of being hitmen for Anthony "Gaspipe" Casso, the now imprisoned former acting boss of the Lucchese crime family. Some of the murders took place while they were with the NYPD. Both defendants had been kept for a time in solitary confinement after their arrest in their home state of Nevada. But Brooklyn federal judge Jack B. Weinstein released them on house arrest with separate $5 million bail packages. Eppolito is living with relatives on Long Island while Caracappa is staying at his mother's house on Staten Island.
Weinstein has expressed concern that the original federal indictment has a serious statute of limitations problems. Generally, racketeering conspiracies like the kind Eppolito and Caracappa are charged with require some act to have been committed within five years of the time of indictment. The original indictment was filed in early March of this year.
The most recent homicide in the case was in 1991. However, prosecutors also originally said Eppolito and Caracappa took part in money laundering and a narcotics conspiracy in late 2004.
Challenging the indictment, the defense has claimed that the drug charges aren't related to the earlier Mafia-linked racketeering homicides and thus can't save the indictment from dismissal. After Weinstein also stated in court that he thought the case had a problem with the statute of limitations, prosecutors began revising the indictment to include crimes as late as October 2002. Prosecutors also made Eppolito and Caracappa the racketeering enterprise, instead of La Cosa Nostra. The defendants are scheduled to be arraigned next Wednesday.
Thanks to Anthony DeStefano
Wednesday, November 23, 2005
Pier Pressure
Friends of ours: Alex "The Ox" DeBrizzi, Anthony Scotto, Gambino Family, Genovese Family, George Barone, Tommy Cafaro
Friends of mine: Al Cernadas
Mob domination of the dock workers' union is the stuff of legend in New York. For more than half a century, the International Longshoremen's Association has provided a haven for a rogues' gallery of hoodlums, ranging from Alex "The Ox" DeBrizzi, who kept his local union's treasury in a jar at home, to the urbane Anthony Scotto, the ex-Mafia capo who called mayors and governors his friends. With leadership like that, the ILA had a decades-long losing streak in the city's courtrooms, as scores of officials were convicted of extortion, racketeering, and worse crimes perpetrated from their waterfront roosts. But that streak ended dramatically this month when a pair of high-salaried ILA officials won acquittal on fraud and conspiracy charges in Brooklyn federal court. "This case is about the Mafia's stranglehold on the ILA," prosecutors promised jurors when the case got under way in late September. But eight weeks later, the jury found Harold Daggett, the head of New Jersey's most powerful local union, and Arthur Coffey, the leader of its growing Florida chapters, not guilty on all counts. Jurors even voted to acquit a third defendant, an alleged captain in the Genovese crime family who disappeared and was believed to have been murdered midway through the trial. "The jury was so disgusted they acquitted an empty chair," said Gerald McMahon, a defense attorney in the case.
The only conviction was of a man named Al Cernadas, the former leader of a large Newark local union who had the bad luck to have pled guilty before the trial began, admitting that he knew about, but failed to prevent, a mob plot to foist an expensive medical plan upon the members.
Immediately after the acquittals on November 8, the union issued a press release hailing the verdict. "Today is a wonderful day for our ILA," said international union president John Bowers, whose father and uncle once ruled the "pistol local" on Manhattan's West Side docks, so named because that weapon settled all disputes.
Two days later, Bowers's office announced that the union had taken additional cleanup steps. A new code of ethics that bars officials from associating with organized crime figures, among other prohibitions, was made a permanent part of the ILA constitution; an outside investigator - former state appellate judge Milton Mollen - was given an expanded, three-year term to look into corruption allegations, and a former top federal judge, George C. Pratt, was named to serve as a final arbiter on ethical matters. "It is a checks-and-balances system to show that the ILA is serious about reform and protecting members' rights," said union spokesman James McNamara.
The union's other acknowledged goal is to short-circuit a civil racketeering case against the ILA filed in Brooklyn by the U.S. Department of Justice this summer. The lawsuit alleges that the union has long been controlled by the Gambino and Genovese crime families and calls for a court-im posed trusteeship and the ouster of Bowers and other top officials. When the lawsuit was filed in July, Bowers accused the government of perpetuating "an outdated stereotype" of the union and focusing on "stale allegations of wrongdoing." Bowers said the feds had ignored its efforts to turn itself around, including adopting the ethics code and hiring Judge Mollen.
"The ILA's commitment to honest trade unionism and vigorous representation of its members' interests is second to none," said Bowers. But not everyone's been convinced. Tony Perlstein, co-chairman of a group called the Longshore Workers' Coalition which has members at ports around the country, said the union has much further to go. "I don't believe having an ethics counsel is sufficient," he said. The coalition is demanding direct elections for members of the union's executive council and salary caps for officers. (At the Brooklyn trial, prosecutors made a point of introducing evidence of the high salaries paid Coffey, who took in $353,000 in 2003, and Daggett, who topped out at $475,000 the same year.)
Part of the government's problem was that the defendants were not accused of violent crimes, while its own witnesses had murder and mayhem on their resumes.
The prosecution's most compelling testimony came from George Barone, an ailing 81-year-old former top ILA leader and Genovese mobster. Barone, whose testimony helped convict a group of Gambino mobsters at an earlier trial, said he had committed more hits than he had counted. "I didn't keep a scorecard, y'know," he barked at one point. His tool of choice was a gun, and his deadly m.o., defense attorney McMahon pointed out, was one shot to the chest to stun the victim, followed by a kill shot to the head.
At some point in the early 1980s Barone had threatened to kill Daggett, then a young union official. Barone told the story in a matter-of-fact manner, acknowledging that Daggett's demise was discussed and that someone had pegged a shot in his direction during the confrontation. But then an unusual thing happened. Guided by George Daggett, his attorney (and cousin), Harold Daggett took the stand and gave his own account of the incident.
He was in the midst of making plans to build a new headquarters for his union, Local 1804-1, moving it from the lower West Side docks to northern New Jersey, where the jobs had already migrated, when a mob messenger named Tommy Cafaro told him that Barone wanted to see him. Daggett said he agreed to get in the car, and it raced up the FDR Drive to East 115th Street. There, he was escorted into a large fruit and vegetable store, through a steel door to a darkened room at the rear. "It was dark, boxes all around, no windows," said Daggett. A single lightbulb illuminated Barone, who sat with his back to him. Two other men stood at the door. On the floor was a large, empty canvas bag with an open zipper. All of a sudden, Barone threw down the paper he'd been reading and snarled at Daggett: "You motherfucker, who the fuck are you to take this local away from me? I'm going to fuckin' kill you." Daggett broke down sobbing as he told the story ("blubbering," as the Daily News' John Marzulli reported it). Judge Leo Glasser told him to relax and take a drink of water. Daggett soldiered on. " 'This is my fuckin' local; I built this local,' " he said Barone screamed. " 'I'll kill you, your wife, and children.' He pulled out a gun and shoved it in my head. I said, 'Please, don't do this to me,' and he cocked back the trigger, and he said, 'I will blow your brains all over the fuckin' room. I'm going to kill you.' "
Barone didn't shoot. Instead, after some more growling, he told Daggett he could leave. But he couldn't. "I was so nervous I urinated all over myself," Daggett testified. "I couldn't walk. I said, 'I can't move.' I thought one of them was going to shoot me in the back of the head, and I opened the door, and I could hardly walk. I walked and I kept thinking, 'They're going to shoot me.' " At the door, Barone dismissed the staggering Daggett. "Take this guy back to his local," Barone instructed his emissary.
Pending the outcome of the trial, Daggett and Coffey were both suspended from their posts, albeit with pay. Since their acquittal, "they're unsuspended," an ILA spokesman said. But Judge Mollen, the union's ethical-practices counsel, still has jurisdiction over any violations he finds. "I have obtained the transcript of the trial and I have a big stack of it on the floor," he said. "I am reading."
Thanks to Tom Robbins - Village Voice
Friends of mine: Al Cernadas
Mob domination of the dock workers' union is the stuff of legend in New York. For more than half a century, the International Longshoremen's Association has provided a haven for a rogues' gallery of hoodlums, ranging from Alex "The Ox" DeBrizzi, who kept his local union's treasury in a jar at home, to the urbane Anthony Scotto, the ex-Mafia capo who called mayors and governors his friends. With leadership like that, the ILA had a decades-long losing streak in the city's courtrooms, as scores of officials were convicted of extortion, racketeering, and worse crimes perpetrated from their waterfront roosts. But that streak ended dramatically this month when a pair of high-salaried ILA officials won acquittal on fraud and conspiracy charges in Brooklyn federal court. "This case is about the Mafia's stranglehold on the ILA," prosecutors promised jurors when the case got under way in late September. But eight weeks later, the jury found Harold Daggett, the head of New Jersey's most powerful local union, and Arthur Coffey, the leader of its growing Florida chapters, not guilty on all counts. Jurors even voted to acquit a third defendant, an alleged captain in the Genovese crime family who disappeared and was believed to have been murdered midway through the trial. "The jury was so disgusted they acquitted an empty chair," said Gerald McMahon, a defense attorney in the case.
The only conviction was of a man named Al Cernadas, the former leader of a large Newark local union who had the bad luck to have pled guilty before the trial began, admitting that he knew about, but failed to prevent, a mob plot to foist an expensive medical plan upon the members.
Immediately after the acquittals on November 8, the union issued a press release hailing the verdict. "Today is a wonderful day for our ILA," said international union president John Bowers, whose father and uncle once ruled the "pistol local" on Manhattan's West Side docks, so named because that weapon settled all disputes.
Two days later, Bowers's office announced that the union had taken additional cleanup steps. A new code of ethics that bars officials from associating with organized crime figures, among other prohibitions, was made a permanent part of the ILA constitution; an outside investigator - former state appellate judge Milton Mollen - was given an expanded, three-year term to look into corruption allegations, and a former top federal judge, George C. Pratt, was named to serve as a final arbiter on ethical matters. "It is a checks-and-balances system to show that the ILA is serious about reform and protecting members' rights," said union spokesman James McNamara.
The union's other acknowledged goal is to short-circuit a civil racketeering case against the ILA filed in Brooklyn by the U.S. Department of Justice this summer. The lawsuit alleges that the union has long been controlled by the Gambino and Genovese crime families and calls for a court-im posed trusteeship and the ouster of Bowers and other top officials. When the lawsuit was filed in July, Bowers accused the government of perpetuating "an outdated stereotype" of the union and focusing on "stale allegations of wrongdoing." Bowers said the feds had ignored its efforts to turn itself around, including adopting the ethics code and hiring Judge Mollen.
"The ILA's commitment to honest trade unionism and vigorous representation of its members' interests is second to none," said Bowers. But not everyone's been convinced. Tony Perlstein, co-chairman of a group called the Longshore Workers' Coalition which has members at ports around the country, said the union has much further to go. "I don't believe having an ethics counsel is sufficient," he said. The coalition is demanding direct elections for members of the union's executive council and salary caps for officers. (At the Brooklyn trial, prosecutors made a point of introducing evidence of the high salaries paid Coffey, who took in $353,000 in 2003, and Daggett, who topped out at $475,000 the same year.)
Part of the government's problem was that the defendants were not accused of violent crimes, while its own witnesses had murder and mayhem on their resumes.
The prosecution's most compelling testimony came from George Barone, an ailing 81-year-old former top ILA leader and Genovese mobster. Barone, whose testimony helped convict a group of Gambino mobsters at an earlier trial, said he had committed more hits than he had counted. "I didn't keep a scorecard, y'know," he barked at one point. His tool of choice was a gun, and his deadly m.o., defense attorney McMahon pointed out, was one shot to the chest to stun the victim, followed by a kill shot to the head.
At some point in the early 1980s Barone had threatened to kill Daggett, then a young union official. Barone told the story in a matter-of-fact manner, acknowledging that Daggett's demise was discussed and that someone had pegged a shot in his direction during the confrontation. But then an unusual thing happened. Guided by George Daggett, his attorney (and cousin), Harold Daggett took the stand and gave his own account of the incident.
He was in the midst of making plans to build a new headquarters for his union, Local 1804-1, moving it from the lower West Side docks to northern New Jersey, where the jobs had already migrated, when a mob messenger named Tommy Cafaro told him that Barone wanted to see him. Daggett said he agreed to get in the car, and it raced up the FDR Drive to East 115th Street. There, he was escorted into a large fruit and vegetable store, through a steel door to a darkened room at the rear. "It was dark, boxes all around, no windows," said Daggett. A single lightbulb illuminated Barone, who sat with his back to him. Two other men stood at the door. On the floor was a large, empty canvas bag with an open zipper. All of a sudden, Barone threw down the paper he'd been reading and snarled at Daggett: "You motherfucker, who the fuck are you to take this local away from me? I'm going to fuckin' kill you." Daggett broke down sobbing as he told the story ("blubbering," as the Daily News' John Marzulli reported it). Judge Leo Glasser told him to relax and take a drink of water. Daggett soldiered on. " 'This is my fuckin' local; I built this local,' " he said Barone screamed. " 'I'll kill you, your wife, and children.' He pulled out a gun and shoved it in my head. I said, 'Please, don't do this to me,' and he cocked back the trigger, and he said, 'I will blow your brains all over the fuckin' room. I'm going to kill you.' "
Barone didn't shoot. Instead, after some more growling, he told Daggett he could leave. But he couldn't. "I was so nervous I urinated all over myself," Daggett testified. "I couldn't walk. I said, 'I can't move.' I thought one of them was going to shoot me in the back of the head, and I opened the door, and I could hardly walk. I walked and I kept thinking, 'They're going to shoot me.' " At the door, Barone dismissed the staggering Daggett. "Take this guy back to his local," Barone instructed his emissary.
Pending the outcome of the trial, Daggett and Coffey were both suspended from their posts, albeit with pay. Since their acquittal, "they're unsuspended," an ILA spokesman said. But Judge Mollen, the union's ethical-practices counsel, still has jurisdiction over any violations he finds. "I have obtained the transcript of the trial and I have a big stack of it on the floor," he said. "I am reading."
Thanks to Tom Robbins - Village Voice
Tuesday, November 22, 2005
'Sopranos' actor sentenced to anger management therapy
Friends of ours: Soprano Crime Family
"Sopranos
" actor Vincent Pastore pleaded guilty Monday to attempting to assault a former girlfriend last spring. As part of the plea deal, Pastore will perform 70 hours of community service, attend six months of weekly anger management therapy and pay a $190 fine. If convicted at trial, he could have been sentenced to as much as a year in jail.
Pastore, 59, was accused of attacking Lisa Regina, 44, during an argument in the Little Italy neighborhood. Prosecutors said he punched her in the back of the head, grabbed her hair and forced her head down on a car's gear shift. When the judge asked Monday whether he attempted to strike Regina, Pastore replied, "Yes, I did."
The actor, a Navy veteran, said he wanted to serve his community service at a Veterans Administration hospital in the Bronx neighborhood where he was born. Pastore's attorney Dominic Barbara said his client has been receiving anger management therapy for 10 months.
Pastore is most noted for his role as gangster Salvatore "Big Pussy" Bonpensiero, who was killed early in the series as payback for snitching on the mob. He has appeared in three subsequent episodes in flashbacks and dreams.
"Sopranos
" actor Vincent Pastore pleaded guilty Monday to attempting to assault a former girlfriend last spring. As part of the plea deal, Pastore will perform 70 hours of community service, attend six months of weekly anger management therapy and pay a $190 fine. If convicted at trial, he could have been sentenced to as much as a year in jail.Pastore, 59, was accused of attacking Lisa Regina, 44, during an argument in the Little Italy neighborhood. Prosecutors said he punched her in the back of the head, grabbed her hair and forced her head down on a car's gear shift. When the judge asked Monday whether he attempted to strike Regina, Pastore replied, "Yes, I did."The actor, a Navy veteran, said he wanted to serve his community service at a Veterans Administration hospital in the Bronx neighborhood where he was born. Pastore's attorney Dominic Barbara said his client has been receiving anger management therapy for 10 months.
Pastore is most noted for his role as gangster Salvatore "Big Pussy" Bonpensiero, who was killed early in the series as payback for snitching on the mob. He has appeared in three subsequent episodes in flashbacks and dreams.
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