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| April 10, 2003 | |
| By Jerry Capeci | |
| Chin Fesses Up; His Lawyer Doesn't | |
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FBI agents Tom Krall, Joy Adam, Craig Donlon, Bob Vosler, and Michael Campi – and paralegal Kathryn Cintron – were in the first row on one side waiting for Gigante and Judge I. Leo Glasser to enter. On the other side sat Gigante’s sons Vincent and Salvatore, daughters Carmela and Lucia, and his brother, Father Louis Gigante, who for years had walked arm-in-arm through Greenwich Village with pajama-clad Vincent as the straight man for the crazy-man act of the legendary Mafia boss.
The priest, who wore a
white collar for those strolls, and when attending his brother’s
racketeering and murder trial in 1997, was not wearing one this time – a
hint that Father Gigante was there for moral support, not for an appearance
before the television cameras stationed right outside the courthouse. There
was no indication, however, that a final plot twist in the endless Gigante
saga would
As the play began on Monday, it looked for a fleeting moment like Chin was going to put on his old mumbling, bumbling, Daffy Don routine, the one he used to fool shrinks for more than three decades. His hair and prison duds were disheveled, and as courtroom |
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deputy Louise Schaillat began the pro forma reading of the “promise to tell the truth” oath that all defendants take before they plead guilty, Gigante started to raise his left hand. But after a few seconds – old habits are often hard to break – Chin raised his right hand and followed the new script that prosecutors and defense lawyer Benjamin Brafman had crafted.
“No, your Honor,” said Gigante, shaking his head back and forth for emphasis, when asked if he had taken any prescription drugs that would have clouded his ability to comprehend or if anyone had forced him or threatened him to plead guilty. “Yes, your Honor,” he said, nodding his head, when asked whether he had discussed the plea agreement with his attorney, whether he had obstructed justice by deceiving psychiatrists for seven years, whether he understood that he would receive three more years in prison and have to pay $100 in court costs.
His only ailments, said
Brafman, were common for 75-year-old men. He was
Courtesy of Glasser, who allowed Gigante and his son Andrew (left) to say their good byes in the well |
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of the courtroom – Andrew would plead guilty later – the proceeding featured a smiling, animated Gigante shaking hands with defense lawyers and blowing kisses to his children and his brother in the spectator section. Though it played a lot like a 10-minute silent movie, a relaxed Gigante cracked jokes, smiled often, and looked alert. His actions, reinforced by the lucidity he displayed during his plea as well as Brafman’s assurances that his client was mentally competent to plead guilty, left no doubt in Gang Land’s estimation that he was.
While Gigante was competent enough to plead guilty to obstructing justice from 1990 through 1997 by deceiving doctors about his mental state, Brafman said, his client was “clearly suffering from dementia.” He had “become too old and too sick and too tired to fight,” said Brafman, implying that if Gigante were younger and in better health, Brafman the hotshot lawyer could have engineered an acquittal despite the multitude of evidence prosecutors had amassed. Even if true, and Gang Land thinks it’s not, it seems like poor form to blame a client who paid him a healthy legal fee for negotiating a guilty plea, while arguing that he could have won an acquittal. More likely, however, as law enforcement and defense sources say, the aging and ailing gangster was doomed to be convicted again, and Brafman engineered a good plea deal for Gigante because he was able to convince his codefendants, some who had cases they could win, to plead guilty too. |
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| Chin's Last Dom Runs The Show | |
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Today, only Quiet Dom,
73, still survives, and sources on both sides of the law say Cirillo, like
Gigante, a former professional
boxer who was convicted
of drug dealing in the 1950s, is the
Genovese crime family’s
go-to guy or “street boss.” His name came up frequently during the three year probe that led to racketeering charges against three capos who served as an acting family boss – two who pleaded guilty the same day as Gigante, Liborio (Barney) Bellomo and Ernest Muscarella – and a third who died of cancer following his indictment, Frank (Farby) Serpico. (right) But Quiet Dom, who never discusses family business on the telephone, preferring “walk talks” on city streets away from FBI bugs, remains an elusive target. |
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![]() Gang Land appears each week in The New York Sun. |
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| editor@ganglandnews.com |
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| Jerry
Capeci P.O. Box 435 Radio City Station New York, NY 10101-0435 Copyright, 2003- All Rights Reserved |