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Sunday, April 19, 2009

Witness Testifies Behind Large Screen to Protect His Identity at Deputy US Marshal Trial

A witness in the trial of Deputy U.S. Marshal John Ambrose was heard, but not seen, by courtroom observers as he testified from behind a large screen erected to protect his identity.

The witness, identified only as Inspector 1, is an officer of the U.S. Marshals Witness Security Program, and was in charge of a security detail when mobster Nicholas Calabrese came to Chicago on two occasions in 2002 and 2003 to cooperate with a federal investigation.

Proceedings took place behind an eight-foot-high gray wall that was erected this morning along the front row of the courtroom's gallery. About 15 spectators, including two disappointed courtroom sketch artists, stared at one side of the wall while listening to questioning about security procedures in place during Calabrese's two visits.

Ambrose, 41, was assigned to those security details and is on trial on charges he leaked information about Calabrese's cooperation to a family friend who allegedly passed the sensitive details on to organized-crime figures.

Prosecutors in the case successfully argued in pre-trial hearings last week that the identities of personnel from the Witness Security Program should be protected as they testify in court. Attorneys for Ambrose opposed the measures, saying that the presence of unusual security precautions would "sensationalize" the trial. But U.S. District Judge John Grady ruled that there were valid reasons to keep the identities of Witness Security Program personnel secret and ruled that a wall should separate courtroom observers seated in the gallery from the judge, jury, attorneys and witness. More hidden witnesses are expected to testify this afternoon from behind the screen.

Thanks to Robert Mitchum

Peter Gotti Denied by Judge in Attempt to Overturn Conviction

Looks like Peter Gotti will be in jail until his dying day.

A federal judge Wednesday shot down the former crime boss' latest attempt to overturn his 2004 conviction for ordering a hit on mob rat Salvatore (Sammy Bull) Gravano.

Manhattan Judge Harold Baer shrugged off the so-called Dopey Don's claims that prosecutors violated his rights by withholding details of a conversation between Gravano and his FBI supervisor Bruce Mouw.

"The fly in the ointment is the failure on [Gotti's] part to explain how the fact of an allegedly ongoing relationship between Gravano and Mouw could have impeached Mouw's credibility," Baer wrote. "Gravano did not testify at the trial and apparently his only role at the trial was as the target that [Gotti] had directed to be killed," Baer added.

Baer said Gotti's lawyers could have simply read media accounts of the recorded conversations between Mouw and Gravano.

Gotti, 69 and in poor health, was sentenced to 25 years for ordering a hit on Gravano - who was nabbed in a drug bust before it could happen.

Gotti already had begun serving a nine-year sentence on a Brooklyn racketeering conviction, and together with the 25-year term he began serving in 2005, he won't be eligible for release until 2032, when he would be 92.

Thanks to Thomas Zambito

Mickey Marcello is Reluctant Witness in Deputy US Marshal John Ambrose Trial

FBI recordings caught brothers James and Michael Marcello anxiously discussing information in 2003 that their Chicago Outfit associate Nicholas Calabrese might testify against them and others.

On Thursday, Michael "Mickey" Marcello was on the witness stand in Chicago's federal courthouse, reluctantly reliving those undercover recordings in the trial of Deputy U.S. Marshal John Ambrose.

Wearing an orange prison jumpsuit and thick glasses, Marcello, 58, squinted at transcripts of several recorded conversations with his brother and deciphered the vague codes and signals they used to furtively discuss Calabrese's enrollment in the witness protection program.

Marcello testified that he learned of Calabrese's cooperation with law enforcement from reputed mob figure John "Pudgy" Matassa Jr.

Ambrose is on trial on charges that while twice guarding Calabrese, he leaked Calabrese's cooperation to a family friend with alleged mob links, knowing the sensitive information would end up in the Outfit's hands.

Marcello denied directly knowing Ambrose or knowing that Ambrose was allegedly the source to the mob of Calabrese's cooperation.

When asked who he was referring to on one undercover recording when he identified the source as Calabrese's "baby-sitter," Marcello said, "The guy that watches him."

Marcello testified that Matassa indicated that the original source was in law enforcement. But Matassa said he himself was receiving information from another man named "Billy," Marcello said.

Marcello said that he presumed that referred to William Guide, a former Chicago police officer convicted in the Marquette 10 police corruption trial in the 1980s. Guide was a close friend of Ambrose's father, Thomas, who was also convicted in that prosecution and died in prison. But a key 2003 video recording in which the Marcello brothers discuss the source's ties to the Marquette 10 defendants, the initial clue that led authorities to investigate Ambrose, was belatedly removed from evidence Thursday by U.S. District Judge John Grady.

Grady reversed his earlier decision to allow the videotape as evidence even though the jury had already viewed it twice during the trial. "I apologize for making a mistake," said Grady, ordering the jury to ignore that particular videotape and hand in transcripts of that tape.

Prosecutors have argued that Ambrose leaked details of Calabrese's cooperation to Guide with the knowledge that it would reach organized-crime figures. Ambrose's attorneys have admitted that Ambrose talked to Guide about protecting Calabrese but contend he had no criminal intent.

Marcello, serving an 8 1/2-year sentence on racketeering and conspiracy convictions, spent more than five hours on the stand, responding to most questions with clipped, one-word answers. When questioned about his own organized-crime ties or the rank or status of other Outfit figures, including his brother James, he became visibly uncomfortable, stammering answers and pleading ignorance.

Outside the courtroom, Marcello's lawyer, Catharine O'Daniel, said that her client had testified only because he was granted immunity and threatened with an additional sentence for contempt if he did not appear. "He is not here willingly," O'Daniel said. "He's as willing as I am whenever I go to get a root canal."

Thanks to Robert Mitchum

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