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Nick Calbrese's Lawyer to Seek Mercy from Courts

A lawyer for Outfit hit man Nicholas Calabrese has asked a judge for mercy by noting Calabrese's decision to cooperate in the landmark Family Secrets investigation almost certainly saved lives.

Calabrese's choice to testify against mob leaders James Marcello, Joey "the Clown" Lombardo and his brother, Frank Calabrese Sr., undermined the Chicago mob's ability to carry out its work, lawyer John Theis wrote in a document filed Friday.

U.S. District Judge James Zagel is expected to sentence Calabrese next Thursday. Theis wrote in his memorandum that Calabrese will address the court as Zagel decides his fate.

"The fact that Defendant is and will be asking the court for a sentence which is reflective of his cooperation in this case is meant in no way to diminish his complete remorse and contrition for the pain and sorrow which he has caused many individuals and their families," the filing said.

Calabrese has admitted taking part in more than a dozen decades-old killings, including the infamous murders of brothers Anthony and Michael Spilotro. His testimony was the centerpiece of the Family Secrets trial in 2007, which resulted in convictions for the five men on trial.

Marcello, Lombardo and Frank Calabrese Sr. have since been sentenced to life in prison. Another defendant, Paul "the Indian" Schiro, was sentenced to 20 years for a murder in Arizona in which Nicholas Calabrese was the trigger man.

Prosecutors have told Zagel they would make no specific recommendation for what Calabrese should receive for his crimes, relying on Zagel's discretion. Calabrese has been incarcerated in the Family Secrets case since 2002.

The new filing indicates Calabrese will cite his extraordinary cooperation as a made member of the Outfit when he is sentenced. He decided to help the government for complex reasons, the filing said.

A heavy sentence would be a de facto life term for Calabrese, who is 67, Theis argued. In addition, his family will live in fear no matter what the judge does, the filing said.

Thanks to Jeff Coen

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GAMBINO FAMILY SOLDIER CHARLES CARNEGLIA CONVICTED OF RACKETEERING CONSPIRACY

Benton J. Campbell, United States Attorney for the Eastern District of New York, announced that a federal jury in Brooklyn returned a verdict today convicting Charles Carneglia of racketeering conspiracy, including predicate acts of murder, murder conspiracy, felony murder, robbery, kidnapping, marijuana distribution conspiracy, securities fraud conspiracy, and extortion. When sentenced by Senior United States District Judge Jack B. Weinstein on June 22, 2009, Carneglia faces a maximum sentence of life imprisonment.

As established during the six-week trial, Carneglia was affiliated with the Gambino Organized Crime Family of La Cosa Nostra (the “Gambino family”) for over three decades. He rose to the rank of soldier and was a member of the inner circle of hit men used by the late Gambino family boss John Gotti to commit numerous depraved acts of violence, including several fatal shootings and stabbings. Carneglia disposed of some murder victims by dissolving their bodies in barrels of acid. At trial Carneglia was convicted of four murder predicate acts including:

* the 1977 stabbing murder of Michael Cotillo, a Gambino family associate, during a fight between two factions of the Gambino family in front of a Queens diner;
* the 1983 stabbing murder of Salvatore Puma, a Gambino family associate, over a dispute concerning the delivery of commissary money to an incarcerated member of Carneglia’s crew;
* the 1990 shooting murder of Gambino family soldier Louis DiBono, whom John Gotti ordered Carneglia to kill after DiBono refused to meet with Gotti when summoned; and
* the 1990 felony murder of Jose Delgado Rivera, an armored truck guard whom Carneglia and others murdered during a robbery of the truck as it approached American Airlines facilities at John F. Kennedy International Airport. Carneglia and another individual shot Delgado Rivera, and Carneglia then jumped on top of him and repeatedly pistol whipped him. Carneglia stopped beating Delgado Rivera only after one of Carneglia’s criminal associates, realizing that law enforcement would soon arrive, pulled Carneglia off the victim.

Carneglia was arrested on February 7, 2008, as part of a 62-defendant-takedown of the Gambino family that included the acting boss, acting underboss, consigliere, three acting captains, sixteen soldiers, and numerous associates, as well as members and associates of the Genovese and Bonanno organized crime families. To date, 60 defendants have pleaded guilty, and 58 have been sentenced.

“We sincerely hope that today’s verdict brings a measure of closure to the families of Carneglia’s victims,” stated United States Attorney Campbell. “They have waited years for this day because the Gambino family used violence and intimidation to silence witnesses and to protect its members. The verdict today also serves notice to La Cosa Nostra that we remain relentless in our quest to bring its members and associates to account for their crimes and to rid our city from the scourge of organized crime.” Mr. Campbell expressed his grateful appreciation to the Federal Bureau of Investigation, the United States Department of Labor, the Port Authority of New York and New Jersey Police Department, the New York City Police Department, the Queens County District Attorney’s Office, and to the many other members of the law enforcement community for their commitment and unwavering efforts in the investigation and prosecution of this case, and to the United States Marshals Service for its assistance during the trial.

The government’s case was prosecuted by Assistant United States Attorneys Roger Burlingame, Evan M. Norris, and Marisa Megur Seifan.

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