Last Shot for "Mafia Cops": The Lawyers Did It

Friends of ours: Gambino Crime Family, John Gotti, Luchese Crime Family, Anthony "Gaspipe" Casso
Friends of mine: Louis Eppolito, Stephen Caracappa

Wearing sharply tailored suits and sharing "Godfather"-style kisses in the courtroom, defense attorneys Bruce Cutler and Edward Hayes appeared a formidable defense team for two ex-NYPD detectives accused of eight slayings while on working for the mob.

Now, just two months after rogue cops Louis Eppolito and Stephen Caracappa were convicted of those murders and an assortment of other crimes, the so-called "Mafia Cops" are charging their high-profile lawyers botched the case and asking a federal judge to throw out the verdict.

Both Cutler and Hayes were disappointed by the allegations from their one-time clients, saying Eppolito and Caracappa were desperate men motivated by the life sentences awaiting if their appeal fails.

"I was just so personally offended," Cutler said. "One day you're begged to come in, and the next day you're knocked by the client, who to me is delusional in a certain respect. He's certainly ungrateful and shameless." But the new attorneys for both defendants were unsparing in assessing their predecessors.

"Hayes' indifference to Mr. Caracappa's defense, both in terms of preparation and understanding, was apparent throughout the case," alleged a 15-page filing made by Daniel Nobel, who now represents Caracappa.

Joseph Bondy, the new attorney for Eppolito, said Cutler "spent the majority of Mr. Eppolito's closing argument speaking about himself, including that he lost over 14 pounds during trial, loved Brooklyn as a borough of bridges and tunnels, and was an admirer of the great Indian Chief Crazy Horse."

Eppolito, the son of a Gambino crime family member, lodged his complaint against Cutler last month. But Caracappa's gripe against Hayes came just prior to U.S. District Court Judge Jack B. Weinstein's June 5 decision that the pair would die behind bars for the bloody betrayal of their detectives' shields.

Weinstein said the life terms, along with a $1 million fine and a seizure of assets, would only be imposed after a June 23 hearing where the defendants would present their claims of ineffective counsel.

The allegations against Cutler and Hayes are at odds with their reputations. Cutler was best known for defending mob boss John Gotti, employing a merciless style of cross-examination known as "Brucification." And Hayes, author of the recent memoir "Mouthpiece," had a client list that included Sean "Diddy" Combs and Robert De Niro; he was the model for the defense attorney in Tom Wolfe's "The Bonfire of the Vanities."

When the two decorated former detectives were convicted April 6, Hayes shared a tearful courtroom hug with Caracappa. Their rapport has since unraveled.

"He's desperate who else can he attack?" Hayes said. "I am surprised, however, since I didn't think he was like that."

Cutler said Hayes, a longtime friend, was hurt by the charges. Cutler, who marks 25 years as a lawyer next month, was more annoyed. "They started off blaming the government and the prosecutors, blaming this and that," Cutler said. "Who's left? Us. I am rankled and angry."

Eppolito, 57, and Caracappa, 64, were jailed following their convictions. The pair was convicted of joining the payroll of Luchese family underboss Anthony "Gaspipe" Casso while still with the NYPD, collecting $4,000 a month in mob money along with their city paychecks.

The two men earned repeated honors during a combined 44 years on the force. But the federal jury heard testimony about how the pair committed or facilitated eight slayings between 1986-90.

The two detectives relocated to the same street in Las Vegas after their retirement. Their new lawyers charged that Cutler and Hayes failed to attack a possible flaw in the government case: That the alleged racketeering enterprise did not continue once the defendants moved to Nevada. If that was true, the five-year statute of limitations was past and the convictions would be invalid.

The court filings also included complaints that Cutler and Hayes ignored their clients, that Eppolito was denied his right to testify, and that cross-examination of prosecution witnesses was improperly handled.

Neither Eppolito or Caracappa took the witness stand, although Cutler likely will at the June 23 hearing. He's looking forward to the opportunity.

"I don't want to hurt Lou, and I certainly don't want to hurt Steve," Cutler said. "But I will be heard."

Thanks to Larry McShane

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Attorney Paints Calabrese as Good Fella

Friends of ours: Frank Calabrese Sr., Frank Calabrese Jr., Nick Calabrese, Joey "The Clown" Lombardo, James "Little Jimmy" Marcello

Mob loan shark Frank Calabrese Sr., accused of 13 mob hits, is not a member of the mob, his lawyer said Friday.

When Calabrese Sr. was describing the induction ceremony to his son -- on secretly tape-recorded conversations -- he was merely describing a scene from the 1990 mobster movie "Goodfellas," his lawyer contends.

When Calabrese Sr. was caught talking about mob sitdowns, they were nothing more than "alternative dispute resolution meetings," according to the filing by Calabrese attorney, Joseph Lopez.

When Calabrese Sr. described how shotgun shells ripped apart a human body at a murder scene, it was no more than mere "puffing." And when Calabrese Sr. learned that his brother Nick could be cooperating with the feds, Calabrese Sr. did not "send his blessing" to have him killed.

Calabrese Sr. was sending his blessing to have him left alone, the motion claims.

The mobster, it appears, has found God. "I pray every night that he doesn't become a Judas," Calabrese Sr. is quoted in one transcript as saying about his brother.

In another part, Calabrese Sr. discusses his taste in books of the Bible. In the quote, he apparently is referring to the Old Testament, which he calls the "First Testament."

"I like, enjoy reading the First Testament of the Bible, 'cause God was a little stern. He was stern. And, I appreciate that, and I look at that, and I can relate to that," Calabrese Sr. says.

Calabrese Sr.'s son, Frank Calabrese Jr., secretly tape recorded his father while both men were in prison in 1999 on a separate case. Calabrese Jr. put his life on the line by wearing a disguised recording device while both men strolled in the prison yard. Calabrese Jr. got nothing of substance from recording his dad, other than the hope that his father remains in prison for the rest of his life, law enforcement sources said.

The court filing by Calabrese Sr.'s attorney, made late Friday, was in response to a prosecution filing earlier this week, which called Calabrese Sr., "a serial murderer for the Chicago Outfit."

Lopez wants to get the 69-year-old Calabrese bonded out of jail. The prosecution wants to keep him locked up. His trial with other mobsters, including Joey "The Clown" Lombardo and reputed Outfit boss James Marcello, is scheduled for next May. A judge may decide on the request Monday.

Lopez argues Calabrese Sr. represents no danger to society and is not a risk to flee. In the motion, Lopez attacks Calabrese Sr.'s son and brother, both of whom are cooperating against him with federal authorities.

Prosecutors contend that Calabrese Sr. is likely to flee, noting he kept $1.5 million in cash in safety deposit boxes at one time and had stashed fake identity documents under nine different names.

Thanks to Steve Warmbir

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Overheard: Early and Often

Senate Democrats killed a bill on Thursday to repeal the inheritance tax. It smacks of ingratitude. You would think Democrats would support the repeal of estate taxes when you consider how many dead people vote for them in Chicago alone.

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