Gang Land News 12 November 2020

[chin_gigante]

Mikey Spat Gets The Last Word, But He's Still Behind Bars

In an impassioned plea to be rescued from a virus-plagued federal lockup and a prison sentence he insists he never deserved, one-time Colombo family associate Michael (Mikey Spat) Spataro, argued his own case before a federal magistrate last week.

"They are trying to kill us here. Is that what you want?" said Spataro as he pleaded with U.S. Magistrate Judge Steven Gold via a remote telephone hook-up from Fort Dix federal prison in New Jersey where he is serving a 24-year sentence for a 2001 murder plot. Fort Dix has 224 cases of coronavirus, Spataro told the judge, saying he wanted to give the court some "first-hand knowledge" about conditions in the facility.

"I just don't understand anybody's rationale for not trying to take people out of the fire instead of leaving them here," Spataro cried out. "They're saying it's going to get better in here and they're protecting us. They are not."

As Gang Land has detailed in prior columns, Mikey Spat has long claimed he is innocent of the charges that sent him to prison. And he's gotten support for his innocence claim from Michael Pizzi, a dogged investigator and legendary former U.S. Marshal in Brooklyn. Pizzi spent years investigating Spataro's case. He has given the feds documentary evidence proving that Spataro, a Colombo associate, could not have done the crime for which he was convicted.

Spataro's fight to win his freedom has made little headway over the years as his appeals would invariably stall before Brooklyn Federal Judge Sterling Johnson. But in June, Johnson gave up his case, and Mikey Spat's latest appeal was assigned to a judge who had been elevated to the federal bench in 2015 and who would take a fresh look at his 14-year-old conviction.

Nothing happened for four months. Then, last Friday, it seemed like Spataro might — just might — be released on bail after he tested positive for the coronavirus. The test results came just days after a federal judge ripped the "Bureau of Prisons for failing to prevent and control a COVID-19 outbreak" at Fort Dix, where Mikey Spat is housed. In that case, the judge granted a compassionate release to a convicted mob killer by reducing his sentence to "time served."

In Spataro's case, prosecutor Elizabeth Geddes conceded that Mikey Spat didn't give the order, and was not involved in the actual shooting in the failed 2001 murder plot. Instead, he was found guilty of a "subservient" role of "aiding and abetting," she said. Since going to the clink, he has served 16 years of his 24 year bid without incident.

But Gold was unmoved.

In the hearing, Gold, a former federal prosecutor who has been a magistrate judge for 27 years and who had rejected a bail motion back in May, indicated he was not eager to release Mikey Spat on bail this time. Gold noted that while Spataro could get "time served" if he were successful in winning a reversal of a weapons count and a mandatory 10 year sentence he received for that, he could still be hit with the same 24 year prison term at his re-sentencing.

Gold ignored the argument by federal defender Amanda David that in order for that to happen, the new sentencing judge, LaShann Dearcy Hall, would have to overlook Spataro's outstanding record of achievements during the 16 years he has been behind bars, including most importantly, that he has been a "model prisoner" without any disciplinary charges against him.

And while discussing the issue of bail with David, Gold said that because Mikey Spat had tested positive for COVID-19, he found it "quite troublesome" that "he would have to be released without a monitor" to insure that a pretrial services employee would not risk a possible infection by fitting Spataro with an ankle bracelet.

Gold also ignored the decision three days earlier by Brooklyn Federal Judge Nicholas Garaufis to release Daniel (Dirty Danny) Mongelli, a Bonanno wiseguy who had been involved in the murder of an old friend when the number of positive COVID inmate cases was 166 — not 214 as it was before Friday's session.

"I have great sympathy for Mr. Spataro's predicament and I have concerns about his health and his well being," said Gold before rejecting his bail motion at the end of an hour long session.

"But I am not convinced that this is an opportune time for him to be released and transported in the company of family members" who had agreed to drive him from the Fort Dix facility to a separate basement apartment at a relative's home in Staten Island where he could be quarantined for two weeks, he said.

"I am not convinced particularly in light of the state of the law as I understand it now that Mr. Spataro does not have a compelling case that he has already served more time" than he would have to if he were to win his appeal, Gold said.

"I am also very concerned about the level of supervision that would be required in an extraordinary case like this," Gold continued. "It is not an appropriate burden to place on pre-trial service while the defendant is positive," he said, ignoring remarks during the hearing by a pre-trial services staffer who said that a "smart-phone" monitoring system could be worked out.

"I'm not happy about holding anybody who's not healthy in custody, but I am also not convinced that he would fare any better at liberty than he would at this facility," the judge opined. "The coronavirus has been rampant throughout the country, not just Fort Dix."

In conclusion, said Gold, "There no failure that's been identified to me that suggests that Mr. Spataro's been subjected to deliberate indifference to his medical needs. Under all these circumstances, the motion is denied."

Before Gold could close the proceeding, and before Gang Land could hang up the phone, the voice of Mikey Spat was heard coming through the earpiece.

He identified himself by saying, "This is Mr. Spataro. I'd like to be heard," to which the judge graciously replied: "You can make a record if you want to."

"I'd like to let you know what's happening at Fort Dix," he began. "You said they're taking care of us. Give you some first hand knowledge of what's going on."

"Okay," said Gold.

"Two hundred and twenty four people in one building that are infected," he continued. "There is no way to get rid of this virus. The staff goes from here to work in the next building. (The BOP doesn't) even protect their staff. That's why their numbers are high too. (It's now 12.) It's only going to get worse here," he said correctly. There are 229 positive cases as of yesterday.

At this point, Spataro switched his focus to the key legal issue in his case, and succinctly stated that there is no way to know what the jury's intention was when it convicted him since they weren't asked for it.

"It is impossible for anyone to say what 12 jurors decided they convicted me of," he said, "when the verdict sheet says 'and-or.' Which one was it?"

"And to leave me in harm's way and say that I'm asymptomatic and I don't — uh," he stammered. "They don't even check us here. The AW (assistant warden) was here today. He said the vitals are done, they ain't checking any more. Not checking our vitals."

"We have guys trapped on the third floor, the doors locked, no hot water, no access to officers," he said. "I know it sounds good that they're protecting us. They brought this here from another prison (in Ohio.) They are trying to kill us here. Is that what you want?"

"If I was to win this case, I would be done. If I was to lose it I would come back, "he said. "I just don't understand anybody's rationale for not trying to take people out of the fire instead of leaving them here. They're saying it's going to get better in here and they're protecting us. They are not."

Spataro said "Thank you, your honor," but he wasn't finished. And no one told him to shut up.

"It's just a sad thing that we're all sick in here and no one is listening," he continued. "There's no way to get it out there for anyone to see it. But you can tell by the numbers. We had 10 more just test positive. 70 of the people were negative, 60 of the 70 are positive now."

Spataro said "Thank you, your honor," again, but he still had one more thing to say.

"I wish you would reconsider," he said. "Yeah. I really do. I'm not going nowhere. Send me home. They can monitor me. If it was to change I would come back; it wouldn't be a problem."

The judge didn't. And neither the prosecutor, nor his defense lawyer, had anything to add to what Mikey Spat had put on the record.

Alibi? Or No Alibi? That Is The Question In Murder Of Luchese Loanshark

The feds say Gambino gangster Anthony Pandrella shot, killed and robbed Luchese family loanshark Vincent Zito on October 26, 2018 between 8:10 AM and 10:23 AM. They say so with great confidence since Pandrella is seen on security cameras as he entered and left Zito's Sheephead Bay home in that time frame. So it's hard to imagine that Pandrella will argue he has an alibi for the time the murder was committed when he goes to trial.

But for two months, federal prosecutors in Brooklyn have been hounding Pandrella's lawyer on whether the rotund gangster has an alibi defense for what he was up to the rest of that deadly day: the 12 hours and 12 minutes between 7:49 AM and 8:01 PM when the feds say Pandrella was involved in the planning, the crime, the flight from it, and the cover-up of the robbery and murder of his longtime friend.

Prosecutors Kristin Mace and Matthew Galeotti are so serious about this issue that they have asked defense attorney James Froccaro whether Pandrella, 61, intends to claim he has an alibi for any of the 16 different places they say Pandrella was during the day that Zito, 78, was found shot to death on his living room floor by a grandson who came home from school at about 3:15 PM.

All but one of the locations have been blacked out and redacted, simply because that's what prosecutors seem to enjoy doing. But it's clear that Pandrella left his home on East 24th street at 7:49 in the morning, arrived at Zito's home on Emmons Avenue at 8:10, and stayed there until 10:23, according to the government filing.

The filing also shows that Pandrella returned to Zito's home at 4:59 PM, and remained there until 6:26 PM. While there, he offered condolences to the dead man's family, whom he had known for 30 years. But his real purpose, prosecutors wrote last year, was "to sit with the Zito family's friends and relatives to learn what he could about the investigation."

There are three stretches during the day — the longest one is an hour and 21 minutes and the shortest one is ten minutes — when the feds don't list Pandrella's location and they appear to be puzzled about his whereabouts. For the all the listed times, the prosecutors seek the "names, addresses and telephone numbers" of any alibi witnesses "upon whom the defendant intends to rely."

In response to multiple requests for a "written notice" of an "alibi defense" within 14 days that began on September 10, attorney Froccaro has refused to comply, writing that the "demand" by the government was "improper and well beyond the scope of what is contemplated" by the federal rules of evidence that pertain to an alibi defense.

Froccaro has been ordered to respond tomorrow to a motion that prosecutors Mace and Galeotti filed with Judge Margo Brodie seeking to compel him to respond to their request on the grounds that "the government, should it so desire, has the ability to obtain advance notice of an alibi defense in order to avoid unfair surprise and delays at trial."

The prosecutors wrote that while the alibi notice rule is "for the primary benefit of the government," appeals courts have held that it is required "because an alibi defense is at once compelling if accepted and easy to concoct, so the prosecution is justified in wanting an opportunity to investigate it in advance of trial."

In their filing, the prosecutors also seemed to be alluding to the claim they made in their detention memo that hours after he killed Zito, Pandrella returned to the scene of the crime to ostensibly console Zito's family members.

The feds write that there is a "need for pre-trial investigation" of alibi evidence in cases "where a defendant intends to present evidence of his behavior near the time of the crime." That's crucial, they argue, in cases where the defense seeks to claim that "it was 'psychologically impossible' for him to have committed the crime" since he wasn't "visibly agitated" when he was seen "by others close in time to the crime."

Prosecutors may well be just showing off, but they're demanding that the defense pony up the names, addresses and telephone numbers of any and all alibi witnesses, such as those who were with Pandrella between 10:58 and 11 AM on an unnamed street, or between 11 AM and 11:02AM on another nearby street, or in "the vicinity of Avenue X and Ocean Avenue" at 12:07 PM on October 26, 2018.

The parties have plenty of time to iron out the alibi question. The trial is scheduled to begin on April 26.

Feds Want A Pass For Their Talkative Turncoat's Podcast Screw-Up; Judge Says No Way

In a sealed court filing, John (J.R.) Rubeo, the FBI snitch who angered his sentencing judge by "boasting" that he "destroyed evidence" on a podcast with other convicted mob turncoats, admits violating provisions of the "time served" sentence he received by going on the show with them, Gang Land has learned. But Rubeo says his transgressions do not warrant a return to prison.

And the feds agree with him. On Friday, they asked Manhattan Federal Judge Richard Sullivan to accept Rubeo's admission to two of the three charges against him and sentence him to "home detention" of eight months and be done with the matter. The specific charges are "associating" with, and "communicating" with "convicted felons" before and during his appearance on the Johnny and Gene Show.

But the judge isn't buying. Sullivan, who ripped Rubeo last month for taking part in a "sprawling conversation about organized crime" on the podcast simply because he "likes attention," wasted no time filing a quick thumbs down response to that suggestion.

"The Court is not prepared to adopt this proposed disposition," the judge wrote on Tuesday.

In a brief ruling, Sullivan ordered the feds to collect and "submit evidence" to him for a hearing next month that will also include a third violation of supervised release (VOSR) charge that was lodged against Rubeo by the Probation Department. In a bit of a twist, probation officials, who often suggest lesser prison time for defendants than prosecutors, had a sterner view of Rubeo's conduct. They recommended a three month stretch behind bars for the talkative turncoat.

The specifics of that VOSR allegation are not publicly filed. But the judge wants all "evidence concerning Rubeo's contact with (podcast hosts) John Alite and Gene Borello, including statements made by Rubeo to probation and/or law enforcement officers, as well as relevant phone and computer records" regarding them before the December 2 hearing.

In seeking a pass for Rubeo, prosecutors Max Nicholas and Lauren Schorr wrote that while his "decision to participate in a podcast with convicted felons" was "a serious error in judgment," it was not "a violent one or one that otherwise constituted a criminal offense." That's unlike the antics that led the feds to revoke Rubeo's bail three years ago for committing crimes while he was working for them.

That occurred in March of 2017, shortly after the original prosecution team learned that Rubeo had been less than honest during the five years he wore a wire for the FBI. That same month, officials disclosed that the FBI was investigating three agents for violating FBI "policy that governs the handling of informants, assets, or cooperating witnesses."

But prosecutors Nicholas and Schorr downplayed the significance of Rubeo's latest episode. In their filing, they wrote that "Rubeo's participation in the podcast" that aired in September but was recorded in August, was with "cooperating witnesses who no longer participate in organized crime." They told Sullivan that "a sentence of home detention for the remainder of Rubeo's term of supervised release," which ends in June, "would be appropriate."

In seeking home detention, or an additional 18 months of supervised release, the prosecutors wrote that Rubeo has been "living as a lawful member of society" since his release from prison in June of 2018 and was not someone who "poses a significant risk to the community" as the probation department had argued in recommending a three month sentence.

The toughest language used by the prosecutors was a tut-tut acknowledgment that they were "troubled by the cavalier nature of some of Rubeo's remarks on the podcast about his prior experience in organized crime." But they argued that he was not "a danger to the community" who should be incarcerated, noting that the overall "thrust" of the podcast and Rubeo's remarks were "to discuss the demerits of participating in organized crime."

That assertion has also irked the judge. "I don't think it's fair to characterize this podcast as a public service announcement against gang activity," Sullivan said last month to similar arguments made by prosecutor Nicholas and defense lawyer Louis Fasulo.

"It was far from that," said Sullivan, noting that he had watched the 85-minute show. "It was a sprawling conversation about organized crime and organized crime from the perspective of cooperators. I think, if anything, it sort of glorifies it by perpetuating it."

[chin_gigante]

spataro-michael.jpg

pandrella-anthony.jpg

pandrella-gate.jpg

[Cheech]

S/O mafiastudent who had the rubeo info already

[TommyGambino]

Was the zito hit sanctioned by the Gambinos? , I remember capecI saying Pandrella was calling capo George lombardozzi before and after

[chin_gigante]

Was the zito hit sanctioned by the Gambinos? , I remember capecI saying Pandrella was calling capo George lombardozzi before and after

Think that's all the info we have so far as to whether it was sanctioned or not

[dack2001]

OC or not, the pandemic is running roughshod through prisons across the country. I have sympathy for Spataro, who clearly has a legal issue which needs to be addressed. Legal issue won't do him much good if he is six feet under.

[Tonyd621]

You bet if Spataro would be released if he wasnt OC.
Even the state seems to be leaning in favor to be released. He could very well fucking die in there.

[JohnnyS]

Thanks for posting.

[slimshady_007]

Thanks for posting.

Pandrella is definitely fucked. The evidence is overwhelming, I don’t see him getting anything less than 20 years. At his age 20 yrs might even be a death sentence.

[Southshore88]

Thanks for posting.

Pandrella has an uphill battle for sure. Wonder if they’ll be able to tie the hit to being sanctioned and charge Lombardozzi/anyone in the admin similar to the recent Lucchese trial & Crea.

[Tonyd621]

Thanks for posting.

Pandrella is definitely fucked. The evidence is overwhelming, I don’t see him getting anything less than 20 years. At his age 20 yrs might even be a death sentence.

What if he flipped? How long has he been around? Can he hurt other guys by flipping? Maybe hes on a short list.

[Hired_Goonz]

Thanks for posting this week's column. Does anyone know if this Pandrella is made? Either way he's fucked. What an asshole.

[slimshady_007]

Thanks for posting.

Pandrella is definitely fucked. The evidence is overwhelming, I don’t see him getting anything less than 20 years. At his age 20 yrs might even be a death sentence.

What if he flipped? How long has he been around? Can he hurt other guys by flipping? Maybe hes on a short list.

He could definitely put a lot of guys away if he told. Idk if he’ll flip. I have no idea if he’s ever done time or if he’s being taken care of while he’s in the can.

[SonnyBlackstein]

He could definitely put a lot of guys away if he told.

He could? Please fill us in.


Thanks for the post.

Pandrella’s just praying for some sort of plea he can take. There’s no way he takes this to trial.

Prosecution “Ladies and Gentlemen of the jury, Mr Pandrella is the only person on the security footage entering the house on the day of the murder.”
Defence attorney “Mr Pandrella promises the court he really really didn’t do it.”

[slimshady_007]

He could definitely put a lot of guys away if he told.

He could? Please fill us in.


Thanks for the post.

Pandrella’s just praying for some sort of plea he can take. There’s no way he takes this to trial.

Prosecution “Ladies and Gentlemen of the jury, Mr Pandrella is the only person on the security footage entering the house on the day of the murder.”
Defence attorney “Mr Pandrella promises the court he really really didn’t do it.”

Well he was identified as a Gambino associate way back in 2002 and he knows heavy hitters like Dan Marino and George Lombardozzi.