by Cheech » Thu Dec 21, 2017 12:18 pm
Lawyer: New Book Makes It Official; Judges Biased Against Vinny Gorgeous
Gang Land Exclusive!Mafia MurderersFor years, wiseguy Vincent (Vinny Gorgeous) Basciano has claimed that the federal judge who presided over his three trials was biased against him. Last week, his lawyers said they have found evidence to back up that claim, especially regarding the 2011 murder trial at which Basciano — who faced capital punishment — was convicted and sentenced to life behind bars.
In a filing with the Second Circuit Court of Appeals last week, his attorney wrote that new evidence indicates that Nicholas Garaufis, the Brooklyn Federal Judge who presided over the trial, took part in extra-judicial "off-the-record communications" throughout the trial with a law professor who later penned a book, Capital Punishment Trials of Mafia Murderers.
In the preface of his 2015 book, Leonard Orland, Professor of Law at the University of Connecticut School of Law, credits Garaufis for piquing his "interest in capital punishment trials" in general, and Basciano's in particular. Orland wrote that the judge "invited me to observe initial jury selection" in the case, one of two trials that Orland details and analyzes in his 304-page book.
Basciano's attorney, Anthony DiPietro, also insists that his client deserves a do-over from the appeals courts because a judge on the panel was tainted by her involvement with the professor and his book. That decision, handed down on November 28, dismissed several Basciano appeals of two other convictions, guilty verdicts in two trials — a racketeering conviction in 2006, and another murder rap in 2007.
Vincent BascianoIn his court papers, DiPietro asks the Second Circuit to reassign the appeal to a new panel of judges on the grounds that Judge Reena Raggi should have recused herself from the appeals court panel that ruled against Basciano in November ruling because she provided substantial research help to Orland.
The book, which boasts photos of Basciano and top Bonanno turncoats Joseph Massino and Salvatore Vitale on the cover, also examines the 1992 capital murder trial of Bonanno mobster Thomas (Tommy Karate) Pitera. Like Basciano, Pitera was found guilty of murder, but spared the death penalty by the jury and sentenced to life. Raggi, who was the judge in Pitera's case, was on the Court of Appeals panel that dismissed Basciano's appeal last month, and is the focal point of DiPietro's filing.
In the acknowledgements section, the attorney noted, Orland thanked Garaufis and Raggi — and other Eastern District of New York (EDNY) Court officials — for their "cooperation" with him. They "provided me access to the official records in the two criminal trials" as well as "an office" in the Brooklyn courthouse to review those records, Orland wrote.
Judges Ragg & GaraufisThe author prominently featured his deep thanks to the two judges: The book is dedicated to both Garaufis and Raggi, and even includes photos of them. Under their pictures, Orland honored them with a verse from the Bible, Deuteronomy 16:20, "Justice, justice shall you pursue."
In his 39-page filing, DiPietro argues that the book is clear evidence that Garaufis should not have presided over the death penalty case, and that Raggi shouldn't have participated in the appeals decisions.
The alleged conflict of interest became even more glaring, the attorney wrote, after Garaufis ruled against Basciano in several post-conviction motions the defendant filed after his 2006 and 2007 trials. In those motions, filed pro se, Basciano charged that the judge was biased against him.
In his 2006 trial, Basciano was found guilty of racketeering from 1979 to 2004, but jurors hung on a charge that he killed a low-level hoodlum named Frank Santoro in 2001. The following year, he was convicted of Santoro's murder. In 2011, he was found guilty of ordering the 2004 murder of mob associate Randolph (Randy) Pizzolo.
Randy PizzoloThe revelation by the author that "Judge Garaufis personally invited him to come observe jury selection at (Basciano's) capital trial . . . also adds to the ever-increasing number of reasons mandating the district court's recusal" in Basciano's current case, wrote DiPietro, noting that the "newly discovered information" had not yet been reviewed by the Second Circuit.
Basciano, 58, and Pitera, 63, are currently behind bars in high-security prisons in Kentucky; Vinny Gorgeous in a facility in Inez, and Tommy Karate at one 175 miles away in Pine Knot.
In his court filing, DiPietro wrote that "the issue of Judge Raggi's recusal" arose when he learned she was on a three judge panel that issued a November 28 ruling against Basciano. That ruling came four months after a different panel had given Vinny Gorgeous a partial victory over a prior Garaufus ruling and had ordered additional briefing, which the government and defense had filed.
On December 1, DiPietro wrote, he "discovered information on the Internet" that Raggi had an "involvement" in the Orland book. He said the discovery came when he "began researching prior judicial rulings issued by the newly assigned judges" as is his "customary practice" in the appellate aspects of his practice.
Thomas PiteraAfter buying a copy (You can get one on Amazon.com for $40 but it'll take a month for it to arrive, according to the Godfather of online booksellers), DiPietro wrote that he learned Orland had "met with Judge Raggi to discuss the subject matter of his book," and that the professor had "off-the-record contact with (her) during the pendency of Petitioner's case."
That info establishes that an "appearance of impropriety" existed because of Raggi's "extrajudicial contacts relating to Petitioner's capital trial," DiPietro wrote.
DiPietro asserts that in his Capital Punishment Trials book, Professor Orland disclosed "off-the-record communications with Judge Raggi that precipitated his interest in writing a book about Petitioner's conviction" even before Judge Garaufis invited him to Basciano's jury selection.
"In an earlier meeting with Judge Raggi," Orland wrote in the Preface, "I learned of the capital punishment trial of a Bonanno family killer that then District Court Judge Raggi presided over a decade earlier. Like the Basciano case, the Pitera trial took several months and included wiretaps, car bug tapes, physical evidence, and the testimony of Mafia cooperating witnesses."
Anthony DiPietro"Judge Raggi's contact with Mr. Orland relating to Petitioner's case presents an appearance of impropriety warranting recusal," wrote DiPietro, citing a statute mandating that "a justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."
"A reasonable person would perceive an appearance of impropriety when a judge participates in reviewing an appellant's case, while previously assisting an author in writing a book that labeled the appellant a Mafia Murderer," wrote DiPietro.
"The appearance of impropriety is heightened here," the lawyer argued, "because the appellate judge was also required to review rulings by the judge presiding over Petitioner's trial, who also provided assistance to the author when writing the book."
"In this regard, the judges' working alliance . . . and their support of a publication that is inherently antagonistic to Petitioner and his quest to overturn his conviction also presents an appearance of impropriety," wrote DiPietro.
Alana Vinegrad"The appearance of impropriety is again heightened," the lawyer wrote, "because the book directly touches upon a number of the contested issues considered on this appeal, and provides opinion-based commentary by Mr. Orland that the district court's decisions were correct."
In his book, DiPietro noted, Orland wrote that Garaufis's decisions to "sentence(e) both Vitale and Massino to time served, strike the right balance, notwithstanding the moral disquietude about rewarding killers." (That's a position that runs counter to Basciano's contention.)
DiPietro didn't mention it in his filing, but a check of the book's acknowledgment page indicates that Orland didn't bother fact-checking his work or analyses with any of the defense lawyers in either of the capital punishment trials. But the professor did thank David Shapiro, the lead prosecutor in the Pitera case, as well as Alan Vinegrad, a former EDNY U.S. Attorney, "who reviewed the manuscript and provided detailed information and editorial comments."
Skinny Joey Wants A Full Picture Of Pug Lovaglio
Peter LovaglioGovernment prosecutors made Peter (Pug) Lovaglio do it: Admit he was a member of a truly secret society known as the East Coast LCN Enterprise. And because they did, lawyers for Philadelphia mob boss Joseph (Skinny Joey) Merlino went along with the ridiculous notion that there's such a thing in the real world known as the East Coast LCN Enterprise in a pre-trial motion they filed this week.
In their filing, Merlino's lawyers don't mention Lovaglio by name, but they ask Manhattan Federal Court Judge Richard Sullivan to order the government to turn over "unredacted versions" of the voluminous discovery material concerning Pug, who is identified only as "cooperating witness CW-3."
No matter what you call him, or the outfit he belongs to, Lovaglio, 50, is a violent, hard-drinking Bonanno wiseguy serving eight years for blinding the owner of a restaurant two years ago by smashing him in the eye with a cocktail glass in an unprovoked barroom assault on Staten Island.
Earlier this month, prosecutors stated that Pug would be a witness at the upcoming racketeering conspiracy trial of Merlino and Genovese capo Eugene (Rooster) Onofrio that begins in three weeks.
Joseph MerlinoNoting that Lovaglio and Merlino are alleged members of the "same enterprise" and that Pug's "testimony arguably goes to the crux" of the charges against Skinny Joey, lawyers Edwin Jacobs and John Meringolo say they need "the full picture of CW-3's testimony in order to properly defend Mr. Merlino."
Even if the "redacted portions" of the material relate to "an ongoing investigation," the lawyers wrote, "Mr. Merlino needs to be able to view all pertinent statements made against him. To provide him with almost completely blacked out documents labelled 'redacted' serves him no purpose and greatly inhibits his ability to defend himself."
As Gang Land reported two weeks ago, even though Lovaglio wasn't caught on tape in the 800 hours of conversations recorded by the FBI during the five year probe, prosecutors say Pug "interacted" with Merlino and Onofrio before he flipped and will testify about his dealings with them and the "status" the duo held in the so-called East Coast LCN Enterprise.
Merlino's lawyers also asked Sullivan to order the government to turn over all FBI "reports and documents" related to the agency's internal investigation into allegations of misconduct by three agents in their handling of wired-up snitch John (J.R) Rubeo now that the probe has ended.
John RubeoNoting that two agents were suspended for their actions, Jacobs and Meringolo argue that "the extent of the impropriety," especially how the "specific conduct of the agents" in their dealings with Rubeo "has prejudiced" Merlino, "can only be gauged by a thorough review of the investigation."
In a prior filing, prosecutors Max Nicholas, Lauren Schorr and Andrew Chan, wrote they plan to call the two case agents, and asked Sullivan to bar any inquiry about the internal FBI probe as an unwarranted "fishing expedition" because the suspensions of both agents did not pertain to their truthfulness or corruption.
The prosecutors wrote they also "object to Merlino calling any" FBI agents as defense witnesses unless his attorneys submit "an affidavit or a statement setting forth a summary of the testimony sought as soon as possible, in order to allow the Department of Justice to evaluate Merlino's request" and determine whether to permit them to testify.
Trial judge Sullivan will have the final say on that issue, but the defense lawyers will be hard pressed to convince the judge to order an agent to testify without a good showing that his testimony is relevant to Merlino's defense.
Government Snitch Falls Off The Drug-Rehab Wagon Again
Ricky KesslerIt's too late for five of his pals, but Bonanno soldier Ronald (Ronnie G) Giallanzo and his six other codefendants who haven't copped plea deals yet in their racketeering case, may want to reconsider their strategy. That's because Giallanzo's old pal, turncoat Ricky Kessler, a recidivist drug abuser, has gone off the drug rehab wagon again. He's been arrested, and detained without bail.
Technically, Kessler, whose first cooperating stint in 2014 against Ronnie G ended when he was busted for drug abuse, wasn't charged with failing a drug test this time. But his arrest last week for violating supervised release (VOSR) surely stems from his inability to stay clean during a six-month stay in a "residential substance abuse treatment program."
Rather than submit to a drug test last month, Kessler, whose VOSR collars for drug abuse outnumber his two federal convictions, refused to submit to a drug test during a meeting with probation officials following his court-ordered rehab, courtesy of federal prosecutors who went to bat for their cooperating witness in April.
Ronald GiallanzoInstead, according to official sources, Kessler left the session, tore off his ankle bracelet monitor, and went on the lam for about five weeks. Then, after hitting rock bottom again, he gave himself up, and decided to plead guilty to his latest VOSR, and face sentencing for that violation as well an earlier one that was postponed while he was allegedly trying to clean himself up in rehab.
As Gang Land reported last month, Kessler, 47, a childhood pal of Giallanzo, began cooperating with the FBI in the summer of 2014. He never tape recorded Ronnie G, but sources say that last year Kessler snared several of Giallanzo's loanshark victims and one of his codefendants still awaiting trial in the case.
Given his rocky background, it seems unlikely that prosecutors would try to use Kessler as a prosecution witness against Giallanzo & Company even if they decide to contest the multi-count racketeering conspiracy indictment alleging that they reaped $26 million between 2000 and March of 2017.
Judge Dora IrizarryIn that event, sources say prosecutors will have to rely primarily on mob turncoat Gene Borrello, the former Howard Beach gangster and key witness whose cooperation also snared Bonanno mobster Vincent Asaro. The aging Asaro is awaiting sentencing for the 2012 road-rage torching of a motorist's car. That proceeding was recently postponed without date, and is unlikely to take place until next year.
As for Kessler, he is slated to plead guilty to his latest VOSR before Brooklyn Federal Court Chief Judge Dora Irizarry in early January. Kessler faces a maximum of two years behind bars for the previous VOSR.
Prosecutors and his attorney declined to discuss the matter with Gang Land, but it's possible that Kessler could end up serving more time for VOSR than four of the five defendants who were charged with racketeering along with Giallanzo, but who copped plea deals in the case.
That could happen if Irizarry gives him two years for his VOSR in February, when several tests found him positive for cocaine use, and two more years for his November VOSR.
Gang Land wishes all our readers, whether or not you celebrate Christmas or believe in Santa Claus, a very Merry Christmas.
See the Archives for previous columns
In the market for a good read?
To add to your own book collection? For a friend?
Check out our Gang Land Book Shelf.
Lawyer: New Book Makes It Official; Judges Biased Against Vinny Gorgeous
Gang Land Exclusive!Mafia MurderersFor years, wiseguy Vincent (Vinny Gorgeous) Basciano has claimed that the federal judge who presided over his three trials was biased against him. Last week, his lawyers said they have found evidence to back up that claim, especially regarding the 2011 murder trial at which Basciano — who faced capital punishment — was convicted and sentenced to life behind bars.
In a filing with the Second Circuit Court of Appeals last week, his attorney wrote that new evidence indicates that Nicholas Garaufis, the Brooklyn Federal Judge who presided over the trial, took part in extra-judicial "off-the-record communications" throughout the trial with a law professor who later penned a book, Capital Punishment Trials of Mafia Murderers.
In the preface of his 2015 book, Leonard Orland, Professor of Law at the University of Connecticut School of Law, credits Garaufis for piquing his "interest in capital punishment trials" in general, and Basciano's in particular. Orland wrote that the judge "invited me to observe initial jury selection" in the case, one of two trials that Orland details and analyzes in his 304-page book.
Basciano's attorney, Anthony DiPietro, also insists that his client deserves a do-over from the appeals courts because a judge on the panel was tainted by her involvement with the professor and his book. That decision, handed down on November 28, dismissed several Basciano appeals of two other convictions, guilty verdicts in two trials — a racketeering conviction in 2006, and another murder rap in 2007.
Vincent BascianoIn his court papers, DiPietro asks the Second Circuit to reassign the appeal to a new panel of judges on the grounds that Judge Reena Raggi should have recused herself from the appeals court panel that ruled against Basciano in November ruling because she provided substantial research help to Orland.
The book, which boasts photos of Basciano and top Bonanno turncoats Joseph Massino and Salvatore Vitale on the cover, also examines the 1992 capital murder trial of Bonanno mobster Thomas (Tommy Karate) Pitera. Like Basciano, Pitera was found guilty of murder, but spared the death penalty by the jury and sentenced to life. Raggi, who was the judge in Pitera's case, was on the Court of Appeals panel that dismissed Basciano's appeal last month, and is the focal point of DiPietro's filing.
In the acknowledgements section, the attorney noted, Orland thanked Garaufis and Raggi — and other Eastern District of New York (EDNY) Court officials — for their "cooperation" with him. They "provided me access to the official records in the two criminal trials" as well as "an office" in the Brooklyn courthouse to review those records, Orland wrote.
Judges Ragg & GaraufisThe author prominently featured his deep thanks to the two judges: The book is dedicated to both Garaufis and Raggi, and even includes photos of them. Under their pictures, Orland honored them with a verse from the Bible, Deuteronomy 16:20, "Justice, justice shall you pursue."
In his 39-page filing, DiPietro argues that the book is clear evidence that Garaufis should not have presided over the death penalty case, and that Raggi shouldn't have participated in the appeals decisions.
The alleged conflict of interest became even more glaring, the attorney wrote, after Garaufis ruled against Basciano in several post-conviction motions the defendant filed after his 2006 and 2007 trials. In those motions, filed pro se, Basciano charged that the judge was biased against him.
In his 2006 trial, Basciano was found guilty of racketeering from 1979 to 2004, but jurors hung on a charge that he killed a low-level hoodlum named Frank Santoro in 2001. The following year, he was convicted of Santoro's murder. In 2011, he was found guilty of ordering the 2004 murder of mob associate Randolph (Randy) Pizzolo.
Randy PizzoloThe revelation by the author that "Judge Garaufis personally invited him to come observe jury selection at (Basciano's) capital trial . . . also adds to the ever-increasing number of reasons mandating the district court's recusal" in Basciano's current case, wrote DiPietro, noting that the "newly discovered information" had not yet been reviewed by the Second Circuit.
Basciano, 58, and Pitera, 63, are currently behind bars in high-security prisons in Kentucky; Vinny Gorgeous in a facility in Inez, and Tommy Karate at one 175 miles away in Pine Knot.
In his court filing, DiPietro wrote that "the issue of Judge Raggi's recusal" arose when he learned she was on a three judge panel that issued a November 28 ruling against Basciano. That ruling came four months after a different panel had given Vinny Gorgeous a partial victory over a prior Garaufus ruling and had ordered additional briefing, which the government and defense had filed.
On December 1, DiPietro wrote, he "discovered information on the Internet" that Raggi had an "involvement" in the Orland book. He said the discovery came when he "began researching prior judicial rulings issued by the newly assigned judges" as is his "customary practice" in the appellate aspects of his practice.
Thomas PiteraAfter buying a copy (You can get one on Amazon.com for $40 but it'll take a month for it to arrive, according to the Godfather of online booksellers), DiPietro wrote that he learned Orland had "met with Judge Raggi to discuss the subject matter of his book," and that the professor had "off-the-record contact with (her) during the pendency of Petitioner's case."
That info establishes that an "appearance of impropriety" existed because of Raggi's "extrajudicial contacts relating to Petitioner's capital trial," DiPietro wrote.
DiPietro asserts that in his Capital Punishment Trials book, Professor Orland disclosed "off-the-record communications with Judge Raggi that precipitated his interest in writing a book about Petitioner's conviction" even before Judge Garaufis invited him to Basciano's jury selection.
"In an earlier meeting with Judge Raggi," Orland wrote in the Preface, "I learned of the capital punishment trial of a Bonanno family killer that then District Court Judge Raggi presided over a decade earlier. Like the Basciano case, the Pitera trial took several months and included wiretaps, car bug tapes, physical evidence, and the testimony of Mafia cooperating witnesses."
Anthony DiPietro"Judge Raggi's contact with Mr. Orland relating to Petitioner's case presents an appearance of impropriety warranting recusal," wrote DiPietro, citing a statute mandating that "a justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."
"A reasonable person would perceive an appearance of impropriety when a judge participates in reviewing an appellant's case, while previously assisting an author in writing a book that labeled the appellant a Mafia Murderer," wrote DiPietro.
"The appearance of impropriety is heightened here," the lawyer argued, "because the appellate judge was also required to review rulings by the judge presiding over Petitioner's trial, who also provided assistance to the author when writing the book."
"In this regard, the judges' working alliance . . . and their support of a publication that is inherently antagonistic to Petitioner and his quest to overturn his conviction also presents an appearance of impropriety," wrote DiPietro.
Alana Vinegrad"The appearance of impropriety is again heightened," the lawyer wrote, "because the book directly touches upon a number of the contested issues considered on this appeal, and provides opinion-based commentary by Mr. Orland that the district court's decisions were correct."
In his book, DiPietro noted, Orland wrote that Garaufis's decisions to "sentence(e) both Vitale and Massino to time served, strike the right balance, notwithstanding the moral disquietude about rewarding killers." (That's a position that runs counter to Basciano's contention.)
DiPietro didn't mention it in his filing, but a check of the book's acknowledgment page indicates that Orland didn't bother fact-checking his work or analyses with any of the defense lawyers in either of the capital punishment trials. But the professor did thank David Shapiro, the lead prosecutor in the Pitera case, as well as Alan Vinegrad, a former EDNY U.S. Attorney, "who reviewed the manuscript and provided detailed information and editorial comments."
Skinny Joey Wants A Full Picture Of Pug Lovaglio
Peter LovaglioGovernment prosecutors made Peter (Pug) Lovaglio do it: Admit he was a member of a truly secret society known as the East Coast LCN Enterprise. And because they did, lawyers for Philadelphia mob boss Joseph (Skinny Joey) Merlino went along with the ridiculous notion that there's such a thing in the real world known as the East Coast LCN Enterprise in a pre-trial motion they filed this week.
In their filing, Merlino's lawyers don't mention Lovaglio by name, but they ask Manhattan Federal Court Judge Richard Sullivan to order the government to turn over "unredacted versions" of the voluminous discovery material concerning Pug, who is identified only as "cooperating witness CW-3."
No matter what you call him, or the outfit he belongs to, Lovaglio, 50, is a violent, hard-drinking Bonanno wiseguy serving eight years for blinding the owner of a restaurant two years ago by smashing him in the eye with a cocktail glass in an unprovoked barroom assault on Staten Island.
Earlier this month, prosecutors stated that Pug would be a witness at the upcoming racketeering conspiracy trial of Merlino and Genovese capo Eugene (Rooster) Onofrio that begins in three weeks.
Joseph MerlinoNoting that Lovaglio and Merlino are alleged members of the "same enterprise" and that Pug's "testimony arguably goes to the crux" of the charges against Skinny Joey, lawyers Edwin Jacobs and John Meringolo say they need "the full picture of CW-3's testimony in order to properly defend Mr. Merlino."
Even if the "redacted portions" of the material relate to "an ongoing investigation," the lawyers wrote, "Mr. Merlino needs to be able to view all pertinent statements made against him. To provide him with almost completely blacked out documents labelled 'redacted' serves him no purpose and greatly inhibits his ability to defend himself."
As Gang Land reported two weeks ago, even though Lovaglio wasn't caught on tape in the 800 hours of conversations recorded by the FBI during the five year probe, prosecutors say Pug "interacted" with Merlino and Onofrio before he flipped and will testify about his dealings with them and the "status" the duo held in the so-called East Coast LCN Enterprise.
Merlino's lawyers also asked Sullivan to order the government to turn over all FBI "reports and documents" related to the agency's internal investigation into allegations of misconduct by three agents in their handling of wired-up snitch John (J.R) Rubeo now that the probe has ended.
John RubeoNoting that two agents were suspended for their actions, Jacobs and Meringolo argue that "the extent of the impropriety," especially how the "specific conduct of the agents" in their dealings with Rubeo "has prejudiced" Merlino, "can only be gauged by a thorough review of the investigation."
In a prior filing, prosecutors Max Nicholas, Lauren Schorr and Andrew Chan, wrote they plan to call the two case agents, and asked Sullivan to bar any inquiry about the internal FBI probe as an unwarranted "fishing expedition" because the suspensions of both agents did not pertain to their truthfulness or corruption.
The prosecutors wrote they also "object to Merlino calling any" FBI agents as defense witnesses unless his attorneys submit "an affidavit or a statement setting forth a summary of the testimony sought as soon as possible, in order to allow the Department of Justice to evaluate Merlino's request" and determine whether to permit them to testify.
Trial judge Sullivan will have the final say on that issue, but the defense lawyers will be hard pressed to convince the judge to order an agent to testify without a good showing that his testimony is relevant to Merlino's defense.
Government Snitch Falls Off The Drug-Rehab Wagon Again
Ricky KesslerIt's too late for five of his pals, but Bonanno soldier Ronald (Ronnie G) Giallanzo and his six other codefendants who haven't copped plea deals yet in their racketeering case, may want to reconsider their strategy. That's because Giallanzo's old pal, turncoat Ricky Kessler, a recidivist drug abuser, has gone off the drug rehab wagon again. He's been arrested, and detained without bail.
Technically, Kessler, whose first cooperating stint in 2014 against Ronnie G ended when he was busted for drug abuse, wasn't charged with failing a drug test this time. But his arrest last week for violating supervised release (VOSR) surely stems from his inability to stay clean during a six-month stay in a "residential substance abuse treatment program."
Rather than submit to a drug test last month, Kessler, whose VOSR collars for drug abuse outnumber his two federal convictions, refused to submit to a drug test during a meeting with probation officials following his court-ordered rehab, courtesy of federal prosecutors who went to bat for their cooperating witness in April.
Ronald GiallanzoInstead, according to official sources, Kessler left the session, tore off his ankle bracelet monitor, and went on the lam for about five weeks. Then, after hitting rock bottom again, he gave himself up, and decided to plead guilty to his latest VOSR, and face sentencing for that violation as well an earlier one that was postponed while he was allegedly trying to clean himself up in rehab.
As Gang Land reported last month, Kessler, 47, a childhood pal of Giallanzo, began cooperating with the FBI in the summer of 2014. He never tape recorded Ronnie G, but sources say that last year Kessler snared several of Giallanzo's loanshark victims and one of his codefendants still awaiting trial in the case.
Given his rocky background, it seems unlikely that prosecutors would try to use Kessler as a prosecution witness against Giallanzo & Company even if they decide to contest the multi-count racketeering conspiracy indictment alleging that they reaped $26 million between 2000 and March of 2017.
Judge Dora IrizarryIn that event, sources say prosecutors will have to rely primarily on mob turncoat Gene Borrello, the former Howard Beach gangster and key witness whose cooperation also snared Bonanno mobster Vincent Asaro. The aging Asaro is awaiting sentencing for the 2012 road-rage torching of a motorist's car. That proceeding was recently postponed without date, and is unlikely to take place until next year.
As for Kessler, he is slated to plead guilty to his latest VOSR before Brooklyn Federal Court Chief Judge Dora Irizarry in early January. Kessler faces a maximum of two years behind bars for the previous VOSR.
Prosecutors and his attorney declined to discuss the matter with Gang Land, but it's possible that Kessler could end up serving more time for VOSR than four of the five defendants who were charged with racketeering along with Giallanzo, but who copped plea deals in the case.
That could happen if Irizarry gives him two years for his VOSR in February, when several tests found him positive for cocaine use, and two more years for his November VOSR.
Gang Land wishes all our readers, whether or not you celebrate Christmas or believe in Santa Claus, a very Merry Christmas.
See the Archives for previous columns
In the market for a good read?
To add to your own book collection? For a friend?
Check out our Gang Land Book Shelf.