Gangland news 25th may 2017

[Hailbritain]

By Jerry Capeci

Benny The Blade Back Behind Bars In Brooklyn For Writing A Nasty Letter

Gang Land Exclusive!Battista GeritanoBattista (Benny) Geritano is in the running for a Gang Land first: He is bucking to become the first ever repeat winner of the Dumbest Defendant Decision Award. He received that distinction in 2013 after he went to trial for a barroom stabbing even though he knew he had been caught on videotape with a knife in his hand. Now Geritano has been rearrested, this time for sending a threatening letter. He also appears to have suffered a memory loss, as he now claims in an appeal of his conviction that it was his defense lawyer who pushed him to take the case to trial.

The arrest came last week after the feds issued a confusing, one paragraph indictment. The charges state that the Gambino associate, who is serving 12 years for the December 2012 stabbing, sent a letter through the U.S. Mails in February that sought to extort "things of value" from at least two unidentified persons. The indictment contains no hints as to what this is all about.

Even after the feds made two fruitless efforts to arraign Geritano, 44, on the charge last week, and one try this week, the details of the indictment remained hidden. But Gang Land has learned that Benny's angst stems from his 2013 trial, and that one of the persons whom he allegedly threatened is his own trial attorney, veteran lawyer Albert Brackley.

Lindsay GerdesAs Gang Lang reported at the time, Brackley had argued that Geritano, who was not seen stabbing the victim on the video, had spotted the knife on the floor and had picked it up to keep someone else from using it during the melee.

But in his pro se appeal to the Appellate Division of the State Supreme Court, Geritano wrote that Brackley had a conflict of interest that caused him to not call witnesses who could have exonerated Geritano. One of them was the stabbing victim, Nunzio Fusco. According to Geritano's court papers, Brackley balked at calling Fusco because the interview took place in Brackley's home, with Fusco's father present, and Brackley did not want that to come out.

"Brackley stated he couldn't question Fusco about what he told him because he was never supposed to be at his house" and he feared he would be reprimanded for misconduct or unethical conduct, Geritano wrote.

Barroom videotapeIn his brief, Geritano also charged that Brackley failed to tell him that the Brooklyn District Attorney's office had offered him a five year plea deal until "after the plea (offer) was off the table." The lawyer also misinformed him, Geritano wrote, that he was not a "persistent felony offender" who faced an enhanced sentence following conviction and that the heaviest sentence Benny could receive "even if you were found guilty at trial" was five years.

"Counsel's failure to realize that Petitioner was facing a substantial sentence was a mistake of constitutional magnitude," Geritano wrote, "because it deprived Petitioner of critical information about the consequences of proceeding to trial. But for counsel's deficient advice, there is a reasonable probability that Petitioner would have accepted the People's offer."

Geritano's 51-page brief, along with a 160 page exhibit consisting of court transcripts and other documents, was filed on March 7, the month after he allegedly mailed a letter threatening Brackley and at least one additional person with harm, according to the indictment. The DA's office's reply is due next month.

Neither Brackley, who is 83 and retired, nor his son Patrick, also an attorney whose address and contact info his dad used recently, responded to calls and emails for comment. The Brooklyn U.S. Attorney's office was also mum. But law enforcement sources say that Geritano knew all about the five-year plea offer and was the prime mover in the decision to go to trial.

But there's no question that the assistant district attorney who prosecuted him, Lindsay Gerdes, who just happens to now be the lead federal prosecutor in his current case, believed that Geritano deserved a heavy sentence because of his extensive criminal history.

Judge Viktor PohorelskyIn her sentencing memo, she sought a 20 year sentence, noting that Geritano was "a six-time felony offender" with a violent nature whose "repeated use of a knife to victimize others gave rise to the nickname 'Benny the Blade' among his associates and in the law enforcement community."

"Since 1990," Gerdes wrote, "the defendant has committed a crime every year that he has spent as a free man and not a fugitive from justice. The cold reality is that when he is not behind bars, he is terrorizing others," adding that "Geritano is the quintessential criminal the Legislature envisioned when it enacted the persistent felony offender statute."

In his brief court appearances last week, Geritano didn't exactly help his case as he argued he should be allowed to represent himself. At one point, the grumbling gangster demanded to know the name of the court clerk. He also opined to Brooklyn Magistrate Judge Viktor Pohorelsky that "We're in my court!"

Geritano also noted that he was representing himself in his appeal of his stabbing conviction and insisted in both appearances that he was going to represent himself.

Judge Sterling Johnson"He's fired. I'm representing myself," barked Geritano at this first appearance, referring to his court appointed attorney, Michael Sporn.

"He's not my attorney, he's fired," Benny stated the second time.

On Tuesday, after his newly appointed attorney, Steven Brounstein, told Federal Judge Sterling Johnson that Geritano was not feeling well and still at the Metropolitan Detention Center, the judge, who gave Geritano two years behind bars for violating his federal supervised release after viewing the knife-wielding Benny the Blade on the videotape, re-scheduled his arraignment until today.

It remains to be seen if Judge Johnson will allow Geritano to have a fool for a client, if he's so inclined. Either way, he's definitely improving his chances at winning that Gang Land award all over again.

Skinny Joey Hangs Tough; FBI Internal Probe Off Limits For Prosecutors

Joseph MerlinoIt looks more and more like Philadelphia mob boss Joseph (Skinny Joey) Merlino will be the only defendant in the five family indictment of 46 wiseguys and mob associates who is willing to roll the dice and go to trial on racketeering conspiracy charges as a member of a made-up entity the feds have dubbed the East Coast LCN Enterprise.

Merlino is one of eight defendants who opted out of the mass plea negotiation that was triggered by the alleged misconduct probe of three FBI agents in the case. But law enforcement and defense sources say that Genovese capo Eugene (Rooster) Onofrio, whom the feds tabbed as one of the top three wiseguys in the case, and six others have agreed to a plea deal or are close to making one. One defendant is a fugitive, believed to be in Costa Rica.

Last week, three longtime Genovese associates who were allegedly involved with powerful capo Pasquale (Patsy) Parrello in an aborted plot to whack an Albanian gangster who killed Parrello's son back in 1993 were among the 37 defendants who pleaded guilty to reduced charges as part of a "near global plea deal." Patsy, 72, copped a plea a week earlier.

The trio's involvement in an alleged murder conspiracy against Viktor Mirdita in the summer of 2013 was not mentioned in their plea agreements and did not come up during any of their guilty pleas. In 1995, Mirdita was found guilty of weapons charges in the death of Pasquale Parrello Jr., but acquitted of his murder.

Eugene O'NofrioBradford Wedra, 62, pleaded guilty to selling untaxed cigarettes between June and September of 2012. Wedra, who came close to having his bail revoked for testing positive several times for cocaine and marijuana, faces a maximum sentence of five years. But his recommended prison term, according to his plea agreement, is 8-to-14 months.

Israel (Buddy) Torres, 66, pleaded guilty to a slew of charges, including illegal gambling charges, a pair of extortion conspiracies as well as selling untaxed cigarettes, and "credit card skimmers" that can swipe information from legitimate credit cards. Torres could receive up to 55 years behind bars, but his agreed-upon sentencing guidelines are 46 to 57 months.

Anthony (Anthony Boy) Zinzi, 74, pleaded guilty to the same extortion and illegal gambling charges as Torres, as well as conspiring to use fire to commit a felony for torching the car of a gambler who ran an illegal gambling club around the corner from Zinzi's Yonkers Club on March 7, 2011. His crimes carry a total of 50 years in prison but Zinzi's plea agreement calls for Judge Richard Sullivan to impose a sentence of five years behind bars.

Pasuqale ParrelloThe charges against two defendants, including Bradley Sirkin, a former driver for Merlino, have been transferred to Tampa, where both have agreed to plea deals, according to court records. Sources say two defendants are close to working out similar deals with the feds in Springfield Massachusetts, where they are also under indictment, and that two others are close to finalizing deals with Manhattan prosecutors Amanda Kramer, Abigail Kurland, Jessica Lonergan, Jonathan Rebold and Lauren Abinanti.

Sources say Merlino, who likes to boast that he has never taken a plea deal in his life, is telling anyone who'll listen that he's not going to start making them now with the feds. It's probably not a bad negotiating posture. Neither the FBI nor the U.S. Attorney's office are eager to try the case, given the airing it will give to FBI misdeeds, so Skinny Joey just may get an offer he can't refuse.

Meanwhile, buried among more than 135 entries on the docket sheet last week, was a most unusual one-page Government letter to Judge Sullivan regarding his order for "status updates every 30 days" about the FBI's internal probe of three agents and wired-up operative John (J.R.) Rubeo.

The letter indicates that the FBI, which was not happy that prosecutors had informed defendants about the probe, wants prosecutors out of the loop completely regarding its inquiry. In its letter, the prosecution team wrote that "individuals at the FBI have stated that they wish to provide a status update … directly to the Court."

Wiseguy Hits Jackpot In Brooklyn After Weekend At Foxwoods

Carmine AvellinoCarmine Avellino looked sharp, wearing a white shirt and tie, as he sat in court Tuesday waiting for the judge to take the bench. He had spent a long relaxing weekend at the Foxwoods Resort Casino. But no matter how well the Luchese mobster fared at the tables, he did better in Brooklyn Federal Court where he faced sentencing for having sent his enforcers to "shake up" a frail 71-year-old loanshark victim who looked closer to 90.

Avellino was looking at an agreed-upon recommended stay of 27-to-33 months behind bars for shaking down the oldtimer who had vouched for a $100,000 loan for a buddy who turned out to be a deadbeat. Instead, he hit the jackpot, sentenced to a year of home detention and a total of five years probation. He will also pay a $100,000 fine.

Judge Ann Donnelly signaled as soon as she took the bench that she was not going to send the 72-year-old wiseguy to prison when she told the gangster's attorney that she had decided that she did not need to hear any testimony before imposing sentence.

Since defense lawyer Scott Leemon had brought along a former warden at the Bureau Of Prison's Federal Medical Center in Rochester Minnesota who was prepared to swear that the BOP would not be able to properly care for the myriad of ailments that Avellino suffers, the judge's remarks brought a smile to Leemon's face.

Scott LeemonLeemon and Avellino each broke into wide grins when the judge meted out the exact sentence which Leemon had argued was "sufficient, just and fair" for his client. According to the attorney, the mobster suffered heart attacks in 2011 and 2012. He also had a mini-stroke in December, and suffers from Parkinson's Disease, for which Leemon noted there is no cure.

Assistant U.S. attorney Maria Melendez had countered that the BOP has enhanced its capabilities to treat inmates with chronic illnesses. She offered a written letter from current prison officials that the federal prisons could handle Avellino's specific ailments. The prosecutor also pointed out that his plea agreement already included a 13-month reduction in sentencing guidelines because of his medical issues.

The prosecutor stated that the defendant was a "longtime member of organized crime who, whether healthy or infirm can direct others to carry out acts of violence." She also alleged that Avellino did not "show any concern for the health or well-being" for a "septuagenarian who suffers from various physical ailments" when he sent his cousins "to locate and threaten him."

Alfonso D'ArcoA non-custodial sentence, Melendez said, would also send the wrong message to the public, and wiseguys as well, namely: "that the law does not apply equally to all individuals."

The Avellino clan has a long and violent history on Long Island. In the mid-1990s, Carmine Avellino, and his brother Salvatore, 81, a capo who oversaw the monopoly over the waste hauling industry on Long Island that the Luchese crime family maintained, and several other mobsters, were charged with labor racketeering. The charges included the 1989 murders of two independent private carters who had bucked the mob.

The murder charges against Carmine Avellino were ultimately dropped. He copped a plea deal and served about eight and half years behind bars. Brother Sal, known as "the Golfer," was convicted of racketeering, murder and arson counts and was released in 2006.

According to FBI documents, as well as an eye-witness account by former acting boss Alfonso (Little Al) D'Arco in Mob Boss, Carmine Avellino also took part in the 1989 slaying of mobster Michael Pappadio in a Queens bagel shop that Avellino co-owned, a murder that he was never charged with.

In 2014, he was indicted along with cousins, Daniel and Michael Capra, on loansharking and extortion charges stemming from a $100,000 loan that will keep Avellino detained at home for the next year. In separate proceedings in February, Donnelly gave Michael Capra, 52, five years probation; brother Daniel, 59, got 18 months.

[HairyKnuckles]

I wonder what the deals are for the two Bonannos also charged in this case, Spirito Jr and Maiorino?

Thanks for posting HB.

[BillyBrizzi]

Man, Carmine Avellino is one lucky son of a bitch.
Only 8,5 years in that case with his brother and he wasn't charged with the double homicide of Kubecka and Barstow. Again not charged in the Papadio case, even though he was placed at the murder scene by Al D'Arco. And now only house arrest for a year..

Thanks for posting HB, much obliged.

[SonnyBlackstein]

Anyone know when Merlino will actually go to trial (if he's stupid enough too)?

Avellino. What a joke of a sentence.

[bronx]

maybe he kissed and told a little bit?

[SonnyBlackstein]

By Jerry Capeci

Benny The Blade Back Behind Bars In Brooklyn For Writing A Nasty Letter

...The charges state that the Gambino associate, who is serving 12 years for the December 2012 stabbing

I know this might seem like semantics but how the fuck is he BACK behind bars for writing a nasty letter when he's CURRENTLY serving 12 years?

I know this may seem trivial but its not just a poor use of the English language its simply incorrect.
He's a journalist.

And it happens consistently.

We're trying to establish whether this douchebag is a guy in a recent photo, and lazy, contradictory writing unnecessarily confuses things.

[SonnyBlackstein]

maybe he kissed and told a little bit?

Maybe.

You seriously think he might be a rat bronx?

[bronx]

hello Sonny, high profile guy ,huge money, hard to brand a man a rat , I'm sure some made guys are having a pregnant pause ..

[SonnyBlackstein]

hello Sonny, high profile guy ,huge money, hard to brand a man a rat , I'm sure some made guys are having a pregnant pause ..

Do you know much about his brother? active, is he a capo, are they both in the same crew?

My thanks as always.

[Fughedaboutit]

Damn.

Benny is one angry guy

Geez lol

[bronx]

benny is mentally ill. no joke. surprised he never got a cosa nostra "distemper shot"

[SonnyBlackstein]

he never got a cosa nostra "distemper shot"

[Attaboi 1]

I saw the guy he stabbed on a pizza show on this channel called viceland.