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| June 7, 2007 |
| By Jerry Capeci |
| Feds Add & Subtract In Capo's Re-Trial |
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Prosecutors often revamp their game plan after a mistrial, especially when a jury acquits on lesser charges and deadlocks 10-2 in favor of acquittal on the main counts. But the new strategy rarely includes dropping racketeering charges against a codefendant, a move that is so unusual that it requires approval from the Department of Justice. Yet that’s what prosecutors toiling for U.S. Attorney Michael Garcia did in the case of Perrone, whose second trial began last week.
On the eve of the retrial, prosecutors Benjamin Gruenstein and Elie Honig
filed a “nolle prosequi” motion with Judge Robert Patterson in order to
dismiss
The charges against Perrone, 86, stem from taped conversations caught by an FBI bug that was placed at a big round table at an Ozone Park, Queens Italian eatery where the cagy gangster dined regularly with wiseguys in recent years, Don Peppe. The feds were forced to conclude their investigation prematurely when FBI videotape equipment that was hidden in an exit sign and designed to |
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Perhaps the most memorable tape-recorded conversation occurred the previous December when Perrone and other wiseguys trashed the so-called reality TV show that starred Victoria Gotti and her three sons, “Growing Up Gotti.”
“It’s a soap opera, and
the kids look like girls,” barked Perrone, whose Colombo family cohort,
Ralph Scopo, (right) said the show was “one
of the most disgusting, insulting shows” on television and had tarnished the
memory of the late
Tossing the case against Buscemi, 44, wasn’t the prosecutors’ only unusual move. They also enlisted the testimony last week of a turncoat mob associate, Anthony Ruggiano Jr., who was unable to tell the jury anything about a single gambling charge or three loansharking schemes between 2000 to 2005 that are alleged in the indictment. From the witness stand, Ruggiano told the jury that he had gotten to know Perrone very well through his late father, Gambino soldier Anthony (Fat Andy) Ruggiano. |
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But the only two loans that Perrone gave him – including one he used to pay off a $35,000 debt to Peter Gotti, many years before he took over as Gambino boss – were personal, no-interest loans that he paid back at $250 a week, he testified. Ruggiano’s first effort as a prosecution witness was anything but a success. Last month, Gambino soldier Alfred (Freddy Hot) DeConiglio, (right) whom Ruggiano said was a participant with him in the 1988 murder of his brother-in-law, was acquitted at trial in Brooklyn Federal Court. Manhattan prosecutors, as well as Perrone and his defense team, should find out soon enough if the addition of Ruggiano and the subtraction of Buscemi, is a plus, or a minus, from their perspectives. The jury is slated to begin deliberating Perrone’s fate today. At his first trial, jurors, who also acquitted two other codefendants, including Perrone’s son-in-law, of all charges, deliberated 10 days, longer than it’s taken for the entire retrial. |
| An Offer Barney Couldn't Refuse |
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In a complicated pact that was tied to a plea deal for his mob-connected brother-in-law, Gerald Fiorino, the imprisoned Bellomo pleaded guilty Monday to a 15-year-old mail fraud that will cover all charges in his indictment, including the 1998 murder of capo Ralph Coppola. Bellomo, 50, pleaded guilty to defrauding a Bronx carting company of more than $400,000 between 1992 and June 10, 1996, when Barney was arrested on racketeering and murder charges that were also disposed of by a plea deal to non-violent crimes. According to the plea deal, prosecutors and Bellomo’s attorneys agree that the suggested guidelines for the crime call for between 41 and 51 months. Both sides agreed not to recommend any specific prison term. Sentencing is tentatively scheduled for July 9. On its face, the deal is not as good as a three-year misprision of felony plea that Barney rejected last month. Sources familiar with the gangster’s mindset say he turned that down because he would have had to admit knowing about |
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Manhattan Federal Judge Lewis Kaplan, (right) who gave Bellomo 10 years on the 1996 case, will have the final say. In theory, since the crime is not violent and took place before Barney went to prison in 1996, Kaplan could sentence him to a year, or less, and make it concurrent to his present term, meaning he would serve no additional prison time. Kaplan, who is regarded as a tough judge, could give Barney the statutory maximum of five years and make it consecutive to his current term. If the judge did, it would mean an additional four years and three months behind bars for Bellomo, according to federal prison rules that call for all inmates to serve 85% of the actual sentence.
Fiorino, 52, (left) pleaded guilty to defrauding the same Bronx trash hauling company, Du-Rite Carting, from 1992 to 2000, agreeing to forfeit $400,000 in illegally obtained funds. His sentencing guidelines call for 15 to 21 months, a term that sources said was slightly longer than a prior |
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offer he turned down. His lawyers, Michael Rosen and Jean Graziano, declined to comment.
Leo’s next court appearance is scheduled for next week. The only other defendant who did not plead guilty in the case, John (Buster) Ardito, suffered a worse fate. He died of cancer last December 31. In recent weeks, Genovese capos Pasquale (Scop) DeLuca and Arthur Nigro, as well as soldier Ralph (The Undertaker) Balsamo all accepted plea bargains rather than go to trial. DeLuca, 75, pleaded guilty to murder conspiracy charges in Coppola’s slaying in a deal that calls for a maximum of five years in prison. Nigro, 62, copped to an extortion charge with a sentencing guideline range of 51 to 63 months. Balsamo, 36, admitted extortion, drug dealing and labor racketeering. He expects a sentence between 97 and 121 months. The prosecutors in the case, assistant U. S. attorneys Miriam Rocah, Eric Snyder and Jonathan Kolodner, declined to comment about the plea deals. |
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Capeci P.O. Box 863 Long Beach, NY 11561 Copyright, 2007- All Rights Reserved |