by Chaps » Mon Jun 01, 2015 5:15 pm
I'm going to post what's left of the memorandum. Most of which is interesting regarding Vincent Asaro. One remark, it seems interesting to e that Sal Farrugia got knocked all the way down to soldier. I thought he died a Captain after holding the position of Acting Boss.
Seems Asaro had an illegitimate daughter as well as an early drug habit (although I have to say I can't figure out the reason the government would have to put that in here).
-CW-1 is expected to testify that, at the defendant’s direction, he and another Bonanno family associate (CW-6) went to collect money on behalf of the defendant’s illegitimate daughter (the “daughter”) from John Doe #4, a maintenance person in a building the daughter operated.
At that time, CW-1 was assigned within the crime family to the defendant, while CW-6 was formally assigned to the defendant’s nephew Ronald Giallanzo, a then-soldier in the Bonanno family. The defendant directed CW-1 to harm John Doe #4 if John Doe #4 was not cooperative. CW-1 and CW-6 went to the location as directed in an attempt to find and confront John Doe #4, and despite the knocking and calling his name, John Doe #4 did not answer the door of his apartment. After CW-1 subsequently told the defendant what had happened, the defendant said that John Doe #4 might have been afraid to come outside. Later, the defendant asked CW-1 to drive him to see the daughter because John Doe #4 had paid her a portion of what she was owed, and she was going to provide them with some of the money. CW-1 drove the defendant to a location in Manhattan and the defendant went inside to see the daughter. The defendant came out shortly thereafter and said they would receive the money later. CW-1 never received any money.
-In or about and between September 1, 2007 and March 1, 2008. In support of this racketeering act, at trial the government will elicit, among other evidence including one or more consensual recordings, the testimony of witnesses including but not limited to CW-1. CW-1 is expected to testify that he was part of a sports gambling operation in approximately 2007 to 2008 with the defendant and Jack Bonventre, an inducted member of the Bonanno family. CW-1 was able to call into the overseas office to check the balances of his customers’ sports betting accounts using a code. CW-1 recalled that multiple different individuals answered the telephone at the office, including males and females. One of the defendant’s and CW-1’s bettors was an individual referred to herein as Individual-1. The defendant knew Individual-1 was gambling through another office and poached him as a customer. The defendant introduced CW-1 to Individual-1 so the two could meet to settle up when necessary. CW-1 provided Individual-1 with a code name and telephone number to use to place bets.
Individual-1 placed bets on sports games during the 2007-2008 season. Early in the season, Individual-1 lost and paid the debt in cash to CW-1. The defendant received half of the debt, a small portion of which was given to CW-1, while Bonventre received the other half. Shortly thereafter, Individual-1 lost again, and he paid the debt to CW-1. CW-1 gave the money to the defendant, who kept more than half (giving CW-1 a portion of that amount) and gave the remainder to Bonventre. Later, Individual-1 could not pay a gambling debt and the defendant and CW-1 went to consult Bonventre about the situation. Bonventre suggested that CW-1 set up a payment plan with Individual-1. The defendant told CW-1 instead to visit Individual-1 and be more aggressive with him, with the aim of getting a bulk payment from him or his agreement to pay a substantial amount per month. CW-1 met with Individual-1 and they agreed Individual-1 would pay $1,000 per month. CW-1 then advised the defendant and Bonventre of the agreement. Individual-1 paid $1,000 the first month, which the defendant directed CW-1 to keep for himself, but could not make the second payment. CW-1 told Individual-1 that he needed to pay the money because people would come looking for him.
-Racketeering Act Fourteen alleges that the defendant agreed to the use of extortionate means to collect an extension of credit from John Doe #6, a Bonanno family associate, and a conspiracy to commit the same, in or about and between March 1, 2013 and June 30, 2013. This racketeering act relates to a loan John Doe #6 had extended to an individual (the “car wash employee”) affiliated with the Gambino family. John Doe #6 did not have permission from his superiors in the Bonanno family to make this and other recent loans, and the car wash employee loan was not being paid back. In a consensually recorded meeting with CW-1 and others on April 26, 2013, the defendant and Bonanno family soldier John Ragano (“Ragano”) discussed assaulting John Doe #6 and intimidating him into paying them and their coconspirators money collected on the car wash employee loan. Ragano asked the defendant soon after arriving at the meeting, “when do we stab this guy [John Doe #6] in the neck? That’s what I want to know,” to which the defendant responded, “[s]tab him today. . . . Today! Today!” The defendant further told Ragano: “I told you to give him a fucking beating. Give him a fucking beating, I told you that. Listen, I sent three guys there to give him a beating, already, so it won’t be the first time he got a beating from me.” As Ragano also discussed during the April 26, 2013 meeting, Ragano was employed by the associate at the John Doe #6’s autobody business in Queens during the charged conspiracy. Ragano stated, “I try not to abuse him [John Doe #6] in the office like Vin does . . . .You know what I mean . . . .I bring him in the back room at least,” to which the defendant responded, “[o]h I abuse him in the fucking office in front of everybody. I abuse him in front of everybody.” In a later meeting that spring, the defendant told CW-1 that he interceded and participated in a “sit down” on John Doe #6’s behalf, i.e., a meeting with members of the Gambino family to resolve any debt-related dispute. The defendant further indicated that he and others recently had each received thousands of dollars in connection with debt owed to John Doe #6. The defendant also told CW-1 that although Tommy D (Di Fiore) was supposed to receive $4,000, the defendant had taken Di Fiore’s share for himself. In a consensually recorded meeting on June 11, 2013, the defendant informed CW-1 of money he and others, including Di Fiore, recently had received in connection with John Doe #6’s loan, and denounced Di Fiore for collecting a large portion of that amount, saying he wanted to kill Di Fiore.
-Many cooperating witnesses and civilian witnesses with personal knowledge of the defendant are expected to testify that the defendant struggled with heroin addiction as a teenager and into his twenties. For example, CW-5 is expected to testify that the defendant used heroin with an individual from the neighborhood, and that the defendant later traded one addiction for another by transitioning to gambling. CW-1 is expected to testify that the defendant directed him to store proceeds from the Lufthansa Heist with the brother of that individual, who CW-1 knew used heroin with the defendant when they were teenagers.
-CW-1 is expected to testify that, in the 1960s, CW-1 lived across the street from the defendant and began committing crimes with him. At the time and into the early 1970s, the defendant was involved in “heists” or robbing and conspiring to rob stolen goods by hijacking trucks and then fencing the goods contained inside. The first crimes the CW-1 committed with the defendant involved the defendant asking CW-1 to hold shipments of these stolen goods in his home and help to sell the stolen goods. Over several years, the defendant directed CW-1 to hold and sell the following categories of goods: (1) boutonnieres, (2) woman’s boots, (3) pornography, (4) suits, and (5) Oleg Cassini shirts. With regard to the Oleg Cassini shirts, the defendant asked CW-1 to stop at Robert’s Lounge (the defendant’s LCN hangout with Jimmy Burke) to pick up shirts to sell. That incident was the first time the defendant had been inside Robert’s Lounge, which became a hang-out and meeting spot for the planning of the Lufthansa Heist, charged in Racketeering Act Three, and other crimes CW-1 committed at the defendant’s direction. With regard to the women’s boots, the defendant unloaded the stolen boots in CW-1’s living room. CW-1 sold them to women that lived in his and the defendant’s neighborhood. This was the first major shipment of stolen goods CW-1 “fenced” for the defendant and began a series of criminal ventures CW-1 engaged in with the defendant and others.
-In the 1970s, the defendant also directed CW-1 to sell pornography for their uncle, Mickey Zaffarano, an inducted member of the Bonanno family. At the time, CW-1 was an associate of the Bonanno family assigned to the defendant. When the defendant gave directions to CW-1, he explained, in sum and substance, “we have to sell these cases of porn for Uncle Mickey. He’s a boss. If you screw this up, you’ll end up dead.” Over a period of months, CW-1 began picking up the pornography from the defendant’s house and selling it to individuals. The defendant told him that Zaffarano was producing the pornography. At different times, Zaffarano and his son borrowed money from the defendant at usurious rates of interest, which the defendant and CW-1 collected from Zaffarano and then from his son, which are one or more of the loans relevant to the charge in Racketeering Act One. Additionally, the extortion of Zaffarano’s son related to the sale of the Manhattan properties housing the pornography theaters is the subject of Racketeering Act Eight.
-CW-1 is expected to testify that in the late 1970s after the Lufthansa robbery, a man named Eaton was murdered. CW-1 saw Eaton the night he was murdered at the Afters lounge on Rockaway Boulevard in Queens, where the defendant, Burke, F. Burke and others were also present. Very early the next morning, CW-1 awoke to the defendant’s son, J. Asaro, knocking on CW-1’s window at his house in Brooklyn. J. Asaro told CW-1 that they had to dig a hole. Although CW-1 and J. Asaro attempted to dig a hole outside of CW-1’s house, they were unable to do so because the ground was frozen. The defendant, Burke and F. Burke also arrived at CW-1’s house, with F. Burke driving a vehicle that had Eaton’s body in the trunk. J. Asaro, F. Burke and CW-1 then moved Eaton’s body inside of a trailer on CW-1’s property, and J. Asaro found a lock that was used to lock the trailer. CW-1 was directed to try to get a neighbor with a backhoe to dig a hole in which to dispose of the body. Later that day, children discovered Eaton’s body in the trailer and the police responded to the scene.
CW-1 is also expected to testify that the defendant told him Eaton was killed at Burke’s house, that Burke participated in murdering Eaton, and that Eaton was murdered because Burke had given Eaton a portion of the proceeds of the Lufthansa robbery in order to purchase narcotics and Eaton still owed Burke that money. In addition, once CW-1 learned that the police had found Eaton’s body and CW-1 notified the defendant of the same, the defendant told CW-1 to stay away from the defendant and Afters for some time until the defendant got in touch with CW-1. The defendant also conveyed the news to Burke, who was angry. In addition to the testimony of CW-1, the government expects to call one or more witnesses such as retired New York City Police Department (“NYPD”) officers or detectives and a medical examiner, to establish, inter alia, that: (1) Richard Eaton’s dead body was found by the NYPD in a trailer on the property of CW-1 at 1483 Blake Avenue in Brooklyn on February 18, 1979; (2) when Eaton’s body was found, it was frozen and had, inter alia, a rope tied around the neck that appeared to have caused strangulation; and (3) upon searching Eaton’s body, the NYPD found an address book that contained, inter alia, Burke’s name and telephone numbers.
-Many of the government’s witnesses are expected to testify that the defendant was known as a “tough guy,” not based on merely his organized crime status, but because of his willingness to engage in violence himself, from his youth up until his most recent incarceration. For example, as CW-1 is expected to testify, in the 1970s, the defendant asked CW-1 to accompany him to a bar where some men had ridiculed Jerome Asaro, the defendant’s father. The defendant told CW-1 to “come dressed,” which meant armed with a firearm. While CW-1 held a crowd at bay with a firearm, the defendant fought all of the men that had abused his father, one at a time.
-CW-1 is expected to testify that, in the 1970s, after the Lufthansa Heist, the defendant hosted a July Fourth party at his house on Pitkin Avenue. When the beer ran out, the defendant directed CW-1 to ask the individual who owned the Ozone Bar (Individual-2) for beer. Later Individual-2 delivered a truckload of beer to the party and asked CW-1 for money to pay for the beer. When CW-1 told the defendant that Individual-2 had asked for money, the defendant said, “You know what to do. Go pay him.” CW-1 understood that the defendant meant CW-1 should hit Individual-2 for asking for money, which the defendant considered disrespectful given his status in organized crime. CW-1 and another co-conspirator went over to Individual-2 and hit him, after which Individual-2 said, “Tell Vinny I’m sorry.” After Individual-2 left, the defendant told a group of men associated with LCN, including CW-1 and Bobby Giallanzo, to “wreck the joint,” meaning the Ozone Bar, which they did. CW-1 is expected to testify that they emptied the bar and broke everything, including the furniture and bottles of liquor. CW-1 is further expected to testify that he understood the defendant to be sending a message to individuals associated with the defendant in organized crime to be respectful.
-CW-1 is expected to testify that, in the 1970s, prior to the Lufthansa Heist, the defendant had a sexual relationship with a married woman who worked for him at his fence company. Her husband (the “husband”) was the nephew of an individual named Mickey Brown, who was an associate of Dominick Cataldo, a criminal associate of the defendant’s. The husband told the defendant that he planned to visit the defendant at the fence company. The defendant directed CW-1 to get their firearms in case there was a problem. When the husband and Brown arrived at the fence company, CW-1 and J. Asaro were present with the defendant. The husband started yelling and cursing at the defendant, who started “shooting up the joint.” The husband was shot. The defendant then pointed his gun at Brown, who told the defendant that the husband was his nephew. After Brown and the husband left, the defendant called Jimmy Burke for assistance, who sent a criminal associate to bring more firearms to the fence company. Burke sent the defendant and J. Asaro to Burke’s residence to “lay low” for a couple of days, while Burke and CW-1 waited at the fence company with firearms to see if Brown and his or J. Asaro for the shooting or affair.criminal associates would retaliate. When no one came, the next day, Burke and CW-1 went to see Brown, at which time Burke told Brown that the incident was “over and done with,” and there should be no retaliation against the defendant or J. Asaro for the shooting or affair.
-CW-4, a former associate of the Gambino family who is now a cooperating witness, is expected to testify that the defendant sought to kill him after CW-4 participated in killing a dog. CW-4 is expected to testify that he and Bobby Giallanzo, the defendant’s nephew, co-owned an autobody business. They had a dog at their shop that they also shared. One day in the late 1970s, CW-4 entered the shop and the dog attacked him. CW-4 and his associate shot and killed the dog.
Shortly thereafter, the defendant and others, including James Burke, Thomas Desimone and “Stacks,” arrived at CW-4’s home. Desimone was armed. In the ensuing conversation, the defendant chastised CW-4 for killing the dog and threatened to kill CW-4, saying he intended to get permission to do so. The defendant and the others eventually left.
CW-4 subsequently met with Joseph Massino, then a Bonanno family captain, and the defendant to discuss the dispute. The defendant had recently been inducted into the Bonanno family. During the meeting, the defendant stated that CW-4 had killed the defendant’s dog, CW-4 refuted this, and Massino declined to give the defendant permission to kill CW-4. CW-1 and CW-2 also are expected to testify about the dispute between the defendant and CW-4. CW-2 is expected to testify that the defendant reported to him at the time of the incident, the defendant requested his permission to kill CW-4, CW-2 held a sit-down with the defendant and CW-4 regarding the dispute, and CW-2 did not give the defendant permission to kill CW-4.
-CW-1 is expected to testify that in the late 1970s and early 1980s, the defendant had another club at which he ran a dice game, also referred to as “craps” where the dice were phony. The game never became lucrative because the defendant never wanted to pay anyone when they won.
Additionally, cooperating witnesses are expected to testify that organized crime members and associates gathered together at social clubs and gambling establishments, which were part of “the life” and are thus proof of the existence of the racketeering enterprise. For example, CW-1 will testify that in the 1980s, his and the defendant’s uncle Mickey Zaffarano, took them to a card game at a Bonanno family club that later became Café Anita and housed a club operated by the defendant. At the time, in the 1970s, Sandro Aiosa, later an inducted member of the Bonanno family, operated a high stakes card game, which many members of organized crime played in. CW-1 will testify that the defendant ruined the game after he lost his temper and beat someone up who “raised” him during the poker game.
I'm going to post what's left of the memorandum. Most of which is interesting regarding Vincent Asaro. One remark, it seems interesting to e that Sal Farrugia got knocked all the way down to soldier. I thought he died a Captain after holding the position of Acting Boss.
Seems Asaro had an illegitimate daughter as well as an early drug habit (although I have to say I can't figure out the reason the government would have to put that in here).
-CW-1 is expected to testify that, at the defendant’s direction, he and another Bonanno family associate (CW-6) went to collect money on behalf of the defendant’s illegitimate daughter (the “daughter”) from John Doe #4, a maintenance person in a building the daughter operated.
At that time, CW-1 was assigned within the crime family to the defendant, while CW-6 was formally assigned to the defendant’s nephew Ronald Giallanzo, a then-soldier in the Bonanno family. The defendant directed CW-1 to harm John Doe #4 if John Doe #4 was not cooperative. CW-1 and CW-6 went to the location as directed in an attempt to find and confront John Doe #4, and despite the knocking and calling his name, John Doe #4 did not answer the door of his apartment. After CW-1 subsequently told the defendant what had happened, the defendant said that John Doe #4 might have been afraid to come outside. Later, the defendant asked CW-1 to drive him to see the daughter because John Doe #4 had paid her a portion of what she was owed, and she was going to provide them with some of the money. CW-1 drove the defendant to a location in Manhattan and the defendant went inside to see the daughter. The defendant came out shortly thereafter and said they would receive the money later. CW-1 never received any money.
-In or about and between September 1, 2007 and March 1, 2008. In support of this racketeering act, at trial the government will elicit, among other evidence including one or more consensual recordings, the testimony of witnesses including but not limited to CW-1. CW-1 is expected to testify that he was part of a sports gambling operation in approximately 2007 to 2008 with the defendant and Jack Bonventre, an inducted member of the Bonanno family. CW-1 was able to call into the overseas office to check the balances of his customers’ sports betting accounts using a code. CW-1 recalled that multiple different individuals answered the telephone at the office, including males and females. One of the defendant’s and CW-1’s bettors was an individual referred to herein as Individual-1. The defendant knew Individual-1 was gambling through another office and poached him as a customer. The defendant introduced CW-1 to Individual-1 so the two could meet to settle up when necessary. CW-1 provided Individual-1 with a code name and telephone number to use to place bets.
Individual-1 placed bets on sports games during the 2007-2008 season. Early in the season, Individual-1 lost and paid the debt in cash to CW-1. The defendant received half of the debt, a small portion of which was given to CW-1, while Bonventre received the other half. Shortly thereafter, Individual-1 lost again, and he paid the debt to CW-1. CW-1 gave the money to the defendant, who kept more than half (giving CW-1 a portion of that amount) and gave the remainder to Bonventre. Later, Individual-1 could not pay a gambling debt and the defendant and CW-1 went to consult Bonventre about the situation. Bonventre suggested that CW-1 set up a payment plan with Individual-1. The defendant told CW-1 instead to visit Individual-1 and be more aggressive with him, with the aim of getting a bulk payment from him or his agreement to pay a substantial amount per month. CW-1 met with Individual-1 and they agreed Individual-1 would pay $1,000 per month. CW-1 then advised the defendant and Bonventre of the agreement. Individual-1 paid $1,000 the first month, which the defendant directed CW-1 to keep for himself, but could not make the second payment. CW-1 told Individual-1 that he needed to pay the money because people would come looking for him.
-Racketeering Act Fourteen alleges that the defendant agreed to the use of extortionate means to collect an extension of credit from John Doe #6, a Bonanno family associate, and a conspiracy to commit the same, in or about and between March 1, 2013 and June 30, 2013. This racketeering act relates to a loan John Doe #6 had extended to an individual (the “car wash employee”) affiliated with the Gambino family. John Doe #6 did not have permission from his superiors in the Bonanno family to make this and other recent loans, and the car wash employee loan was not being paid back. In a consensually recorded meeting with CW-1 and others on April 26, 2013, the defendant and Bonanno family soldier John Ragano (“Ragano”) discussed assaulting John Doe #6 and intimidating him into paying them and their coconspirators money collected on the car wash employee loan. Ragano asked the defendant soon after arriving at the meeting, “when do we stab this guy [John Doe #6] in the neck? That’s what I want to know,” to which the defendant responded, “[s]tab him today. . . . Today! Today!” The defendant further told Ragano: “I told you to give him a fucking beating. Give him a fucking beating, I told you that. Listen, I sent three guys there to give him a beating, already, so it won’t be the first time he got a beating from me.” As Ragano also discussed during the April 26, 2013 meeting, Ragano was employed by the associate at the John Doe #6’s autobody business in Queens during the charged conspiracy. Ragano stated, “I try not to abuse him [John Doe #6] in the office like Vin does . . . .You know what I mean . . . .I bring him in the back room at least,” to which the defendant responded, “[o]h I abuse him in the fucking office in front of everybody. I abuse him in front of everybody.” In a later meeting that spring, the defendant told CW-1 that he interceded and participated in a “sit down” on John Doe #6’s behalf, i.e., a meeting with members of the Gambino family to resolve any debt-related dispute. The defendant further indicated that he and others recently had each received thousands of dollars in connection with debt owed to John Doe #6. The defendant also told CW-1 that although Tommy D (Di Fiore) was supposed to receive $4,000, the defendant had taken Di Fiore’s share for himself. In a consensually recorded meeting on June 11, 2013, the defendant informed CW-1 of money he and others, including Di Fiore, recently had received in connection with John Doe #6’s loan, and denounced Di Fiore for collecting a large portion of that amount, saying he wanted to kill Di Fiore.
-Many cooperating witnesses and civilian witnesses with personal knowledge of the defendant are expected to testify that the defendant struggled with heroin addiction as a teenager and into his twenties. For example, CW-5 is expected to testify that the defendant used heroin with an individual from the neighborhood, and that the defendant later traded one addiction for another by transitioning to gambling. CW-1 is expected to testify that the defendant directed him to store proceeds from the Lufthansa Heist with the brother of that individual, who CW-1 knew used heroin with the defendant when they were teenagers.
-CW-1 is expected to testify that, in the 1960s, CW-1 lived across the street from the defendant and began committing crimes with him. At the time and into the early 1970s, the defendant was involved in “heists” or robbing and conspiring to rob stolen goods by hijacking trucks and then fencing the goods contained inside. The first crimes the CW-1 committed with the defendant involved the defendant asking CW-1 to hold shipments of these stolen goods in his home and help to sell the stolen goods. Over several years, the defendant directed CW-1 to hold and sell the following categories of goods: (1) boutonnieres, (2) woman’s boots, (3) pornography, (4) suits, and (5) Oleg Cassini shirts. With regard to the Oleg Cassini shirts, the defendant asked CW-1 to stop at Robert’s Lounge (the defendant’s LCN hangout with Jimmy Burke) to pick up shirts to sell. That incident was the first time the defendant had been inside Robert’s Lounge, which became a hang-out and meeting spot for the planning of the Lufthansa Heist, charged in Racketeering Act Three, and other crimes CW-1 committed at the defendant’s direction. With regard to the women’s boots, the defendant unloaded the stolen boots in CW-1’s living room. CW-1 sold them to women that lived in his and the defendant’s neighborhood. This was the first major shipment of stolen goods CW-1 “fenced” for the defendant and began a series of criminal ventures CW-1 engaged in with the defendant and others.
-In the 1970s, the defendant also directed CW-1 to sell pornography for their uncle, Mickey Zaffarano, an inducted member of the Bonanno family. At the time, CW-1 was an associate of the Bonanno family assigned to the defendant. When the defendant gave directions to CW-1, he explained, in sum and substance, “we have to sell these cases of porn for Uncle Mickey. He’s a boss. If you screw this up, you’ll end up dead.” Over a period of months, CW-1 began picking up the pornography from the defendant’s house and selling it to individuals. The defendant told him that Zaffarano was producing the pornography. At different times, Zaffarano and his son borrowed money from the defendant at usurious rates of interest, which the defendant and CW-1 collected from Zaffarano and then from his son, which are one or more of the loans relevant to the charge in Racketeering Act One. Additionally, the extortion of Zaffarano’s son related to the sale of the Manhattan properties housing the pornography theaters is the subject of Racketeering Act Eight.
-CW-1 is expected to testify that in the late 1970s after the Lufthansa robbery, a man named Eaton was murdered. CW-1 saw Eaton the night he was murdered at the Afters lounge on Rockaway Boulevard in Queens, where the defendant, Burke, F. Burke and others were also present. Very early the next morning, CW-1 awoke to the defendant’s son, J. Asaro, knocking on CW-1’s window at his house in Brooklyn. J. Asaro told CW-1 that they had to dig a hole. Although CW-1 and J. Asaro attempted to dig a hole outside of CW-1’s house, they were unable to do so because the ground was frozen. The defendant, Burke and F. Burke also arrived at CW-1’s house, with F. Burke driving a vehicle that had Eaton’s body in the trunk. J. Asaro, F. Burke and CW-1 then moved Eaton’s body inside of a trailer on CW-1’s property, and J. Asaro found a lock that was used to lock the trailer. CW-1 was directed to try to get a neighbor with a backhoe to dig a hole in which to dispose of the body. Later that day, children discovered Eaton’s body in the trailer and the police responded to the scene.
CW-1 is also expected to testify that the defendant told him Eaton was killed at Burke’s house, that Burke participated in murdering Eaton, and that Eaton was murdered because Burke had given Eaton a portion of the proceeds of the Lufthansa robbery in order to purchase narcotics and Eaton still owed Burke that money. In addition, once CW-1 learned that the police had found Eaton’s body and CW-1 notified the defendant of the same, the defendant told CW-1 to stay away from the defendant and Afters for some time until the defendant got in touch with CW-1. The defendant also conveyed the news to Burke, who was angry. In addition to the testimony of CW-1, the government expects to call one or more witnesses such as retired New York City Police Department (“NYPD”) officers or detectives and a medical examiner, to establish, inter alia, that: (1) Richard Eaton’s dead body was found by the NYPD in a trailer on the property of CW-1 at 1483 Blake Avenue in Brooklyn on February 18, 1979; (2) when Eaton’s body was found, it was frozen and had, inter alia, a rope tied around the neck that appeared to have caused strangulation; and (3) upon searching Eaton’s body, the NYPD found an address book that contained, inter alia, Burke’s name and telephone numbers.
-Many of the government’s witnesses are expected to testify that the defendant was known as a “tough guy,” not based on merely his organized crime status, but because of his willingness to engage in violence himself, from his youth up until his most recent incarceration. For example, as CW-1 is expected to testify, in the 1970s, the defendant asked CW-1 to accompany him to a bar where some men had ridiculed Jerome Asaro, the defendant’s father. The defendant told CW-1 to “come dressed,” which meant armed with a firearm. While CW-1 held a crowd at bay with a firearm, the defendant fought all of the men that had abused his father, one at a time.
-CW-1 is expected to testify that, in the 1970s, after the Lufthansa Heist, the defendant hosted a July Fourth party at his house on Pitkin Avenue. When the beer ran out, the defendant directed CW-1 to ask the individual who owned the Ozone Bar (Individual-2) for beer. Later Individual-2 delivered a truckload of beer to the party and asked CW-1 for money to pay for the beer. When CW-1 told the defendant that Individual-2 had asked for money, the defendant said, “You know what to do. Go pay him.” CW-1 understood that the defendant meant CW-1 should hit Individual-2 for asking for money, which the defendant considered disrespectful given his status in organized crime. CW-1 and another co-conspirator went over to Individual-2 and hit him, after which Individual-2 said, “Tell Vinny I’m sorry.” After Individual-2 left, the defendant told a group of men associated with LCN, including CW-1 and Bobby Giallanzo, to “wreck the joint,” meaning the Ozone Bar, which they did. CW-1 is expected to testify that they emptied the bar and broke everything, including the furniture and bottles of liquor. CW-1 is further expected to testify that he understood the defendant to be sending a message to individuals associated with the defendant in organized crime to be respectful.
-CW-1 is expected to testify that, in the 1970s, prior to the Lufthansa Heist, the defendant had a sexual relationship with a married woman who worked for him at his fence company. Her husband (the “husband”) was the nephew of an individual named Mickey Brown, who was an associate of Dominick Cataldo, a criminal associate of the defendant’s. The husband told the defendant that he planned to visit the defendant at the fence company. The defendant directed CW-1 to get their firearms in case there was a problem. When the husband and Brown arrived at the fence company, CW-1 and J. Asaro were present with the defendant. The husband started yelling and cursing at the defendant, who started “shooting up the joint.” The husband was shot. The defendant then pointed his gun at Brown, who told the defendant that the husband was his nephew. After Brown and the husband left, the defendant called Jimmy Burke for assistance, who sent a criminal associate to bring more firearms to the fence company. Burke sent the defendant and J. Asaro to Burke’s residence to “lay low” for a couple of days, while Burke and CW-1 waited at the fence company with firearms to see if Brown and his or J. Asaro for the shooting or affair.criminal associates would retaliate. When no one came, the next day, Burke and CW-1 went to see Brown, at which time Burke told Brown that the incident was “over and done with,” and there should be no retaliation against the defendant or J. Asaro for the shooting or affair.
-CW-4, a former associate of the Gambino family who is now a cooperating witness, is expected to testify that the defendant sought to kill him after CW-4 participated in killing a dog. CW-4 is expected to testify that he and Bobby Giallanzo, the defendant’s nephew, co-owned an autobody business. They had a dog at their shop that they also shared. One day in the late 1970s, CW-4 entered the shop and the dog attacked him. CW-4 and his associate shot and killed the dog.
Shortly thereafter, the defendant and others, including James Burke, Thomas Desimone and “Stacks,” arrived at CW-4’s home. Desimone was armed. In the ensuing conversation, the defendant chastised CW-4 for killing the dog and threatened to kill CW-4, saying he intended to get permission to do so. The defendant and the others eventually left.
CW-4 subsequently met with Joseph Massino, then a Bonanno family captain, and the defendant to discuss the dispute. The defendant had recently been inducted into the Bonanno family. During the meeting, the defendant stated that CW-4 had killed the defendant’s dog, CW-4 refuted this, and Massino declined to give the defendant permission to kill CW-4. CW-1 and CW-2 also are expected to testify about the dispute between the defendant and CW-4. CW-2 is expected to testify that the defendant reported to him at the time of the incident, the defendant requested his permission to kill CW-4, CW-2 held a sit-down with the defendant and CW-4 regarding the dispute, and CW-2 did not give the defendant permission to kill CW-4.
-CW-1 is expected to testify that in the late 1970s and early 1980s, the defendant had another club at which he ran a dice game, also referred to as “craps” where the dice were phony. The game never became lucrative because the defendant never wanted to pay anyone when they won.
Additionally, cooperating witnesses are expected to testify that organized crime members and associates gathered together at social clubs and gambling establishments, which were part of “the life” and are thus proof of the existence of the racketeering enterprise. For example, CW-1 will testify that in the 1980s, his and the defendant’s uncle Mickey Zaffarano, took them to a card game at a Bonanno family club that later became Café Anita and housed a club operated by the defendant. At the time, in the 1970s, Sandro Aiosa, later an inducted member of the Bonanno family, operated a high stakes card game, which many members of organized crime played in. CW-1 will testify that the defendant ruined the game after he lost his temper and beat someone up who “raised” him during the poker game.