Defense Cross-Examination of Key Witness at Sarno Trial

Defense lawyers began cross-examining a key government witness in the federal racketeering case against Chicago Outfit boss Michael "The Large Guy" Sarno.

In New York and in the movies, the code of silence is called "omerta." In the Chicago Outfit, wiseguys play by their own rules, and they don't have a fancy Italian nickname for keeping quiet. They're just supposed to do it.

For suburban mob boss Mike Sarno, the top defendant in the current Outfit prosecution, it is clear that the code of silence is sometimes tough to enforce.

When the I-Team showed up at Sarno's Westchester home a few years ago, he had no problem clamming up in front of the camera. But about that same time, the FBI was listening in on Sarno's phone calls, as agents investigated the mob bombing of a Berwyn video poker company and links between the Outfit and the Outlaws biker gang.

In one secretly recorded phone call with a longtime family friend, Sarno could almost be heard cringing.

KANTOWSKI : Mike, how are you doing?
SARNO: How you doin', buddy?
KANTOWSKI: Good, I'm sitting here with, ah, Frank Caruso, um,
Dominick Montagna and Frank Depollo.
SARNO: Oooh, oh you, oh boy.
KANTOWSKI: Trying to work this out.
SARNO: Alright.
KANTOWSKI: Uh oh, I'm in trouble.
SARNO: Talk to you later.

Caruso, a South Side Outfit boss, and the other names were unwelcome subjects of that phone call between Mike Sarno and his friend David Kantowski, who says he was a 25-year friend of Sarno's. An hour later, they talked again.

SARNO: Ok, well, listen, I, I, I just got to, I want to tell you something. I appreciate everything you are doing for me, buddy, but please stop with the names on my phone. Please.
KANTOWSKI: Ok.
SARNO: I know I'm paranoid, but I got good reason to be.
KANTOWSKI: I wasn't even thinking, Mike I, I apologize, I wasn't even thinking about that, God d------t.
SARNO: Well, listen ...
KANTOWSKI: Sorry buddy.
SARNO: I'll do the thinking for us with that stuff because, ah ... Believe me, it's a shame we got to be like that, but we do.

Kantowski is a Chicago real estate agent and is related to two of the defendants in the case, Sam and Anthony Volpendesto.

Mr. Kantowski told the I-Team late Thursday that he may be called as a rebuttal witness during the trial.

All day Thursday, prime government witness Kyle Knight was on the stand. He provided the bomb components for that Berwyn attack.

Thanks to Chuck Goudie

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Sketch Artist Forbidden From Drawing Co-Defendant at Mob Bombing Trial

In federal court Tuesday, the mob racketeering trial of Michael "the Large Guy" Sarno and four alleged accomplices was abruptly halted when a witness was asked about Sarno's mob connections.

In this intelligence report: Why that wasn't the only unusual event during the trial.

Mike Sarno, a convicted Outfit boss, is accused of ordering the bombing of a Berwyn video poker machine maker that was in competition with the Outfit.

For the past two days one of Sarno's co-defendant's in the case has been testifying. Mark Hay is a career burglar, and unbeknownst to his accused criminal colleagues, he was cooperating with the FBI.

Tuesday, as the free-on bond "Large Guy" walked into federal court for another day of trial, his attorney Terry Gillespie was able to cross-examine one of the government's prime witnesses. His name: 54-year-old Mark Hay.

In an extraordinary request, the past two days, Judge Ronald Guzman asked that our ABC7 courtroom sketch artist not draw Hay's face, even though he was sitting in full view in a public courtroom and is a named defendant.

It is thought that Hay will enter the federal witness protection program and be given a new identity once this case is done.

More unusual is that Hay's picture is readily available to anyone searching the Illinois Department of Corrections website. He has been serving a lengthy sentence at the Logan Correctional Center on numerous burglary convictions.

The past two days, not only has Hay's testimony been seen and heard, so have his undercover tapes.

On those tapes Hay expresses his surprise that Mike Sarno hadn't been indicted during the fed's Operation Family Secrets, the feds' much more expansive mob murders prosecution from a few years ago.

It is unclear why a news organization's sketch artist would be singled out and asked not to draw a picture of someone who is appearing in a public courtroom when that person's current prison photo is available for anyone to see on a government website.

Thanks to Chuck Goudie

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Frank Calabrese Sr Not a Happy Camper in Prison

It's been two years since Chicago mob boss and hitman Frank Calabrese Sr. was put into solitary confinement in a federal prison. Calabrese's lawyer says the treatment is unfair and unjust.

The United States Bureau of Prisons calls them "Special Administrative Measures." Federal authorities will not talk about who is placed under those provisions or why.

By definition the special measures -- or SAMs -- are intended for terrorists to prevent them from threatening national security by communicating plans to the outside. According to his lawyer, at age 73, Outfit boss Frank Calabrese Sr. doesn't qualify.

"He's in more like an old mop room that they keep him in," said Joe Lopez, Calabrese's attorney. "He's in this large room because its the only place they can keep him. It's not really a room, it's more of an old storage room that was converted just to house him as an inmate."

Frank "the Breeze" Calabrese is being held at the Springfield Correctional Center in near isolation at the request of U.S. Attorney Patrick Fitzgerald. The special incarceration is being used on terrorists, including shoe bomber Richard C. Reid who was arrested in 2001 for attempting to blow up a jetliner.

Calabrese got himself in trouble while playing mob boss behind bars in Milan, Mi., resulting in FBI undercover tapes that helped convict him and five Outfit associates during the 2007 Family Secrets trial.

"Based on other conduct that occurred while he was in prison, some of the things you heard at Family Secrets, some of the tapes that were being made by his son, they put him into this special administrative measure," said Lopez.

It didn't help that Calabrese allegedly threatened to kill former Family Secrets prosecutor T. Markus Funk.

"You look at a guy like Frank Senior, who I have a history with, and I'm not going to be on his Christmas card list, and he certainly isn't going to be on mine. But he did things, he was cruel, he went out of his way to brutalize people," said Funk.

In a 2008 court motion, Calabrese's lawyer compared him to Hannibal Lecter, the fictional psychopath in the movie Silence of the Lambs and predicted the Hollywood-style facemask was coming. Even though that hasn't happened, Lopez says just about every other freedom has been revoked.

"I know it's jail, and I understand he's not at the Four Seasons. Still there are other inmates in there who have committed mass murders, who have killed informants, have obstructed justice and they aren't put through the same type of stringent conditions he is in," said Lopez.

The special prisoner designation is good for one year, then prosecutors must petition the U.S. Attorney General if they want it to continue for another 12 months. There is no public record of prisoners who are placed in these harsh conditions so it is unclear whether the federal prosecutor in Chicago, Patrick Fitzgerald, has renewed his Calabrese request. Fitzgerald's spokesman declines to comment.

Thanks to Chuck Goudie

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