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Mob boss Massino won't face death penalty
By Anthony M. DeStefano
STAFF WRITER
February 2, 2005, 4:40 PM EST
Federal prosecutors signalled yesterday that they are going to remove
the threat of the death penalty from Bonanno crime boss Joseph Massino
now that he is cooperating with investigators.
In Massino's first court appearance since news surfaced last week that
he was a turncoat, U.S. District Judge Nicholas Garaufis again directed
the Brooklyn U.S. Attorneys Office to ask the Attorney General-nominee
Alberto Gonzalez to reconsider the death penalty issue against the mob
boss.
Gonzalez is expected to have his nomination approved by the Senate
today.
Both Assistant U.S. Attorney Greg Andres and Massino's new "shadow"
counsel, Edward A. McDonald, by their comments tip-toed around the
issue of the Massino's status and never flat-out stated he was a
cooperating witness.
But Andres told Garaufis the court would be informed of "any
developments" that might impact the capital punishment issue. McDonald
also said he was happy prosecutors were going to ask Washington to
reconsider the death penalty.
The portly Massino, who has lost close to 20 pounds in recent weeks and
looked tired, conversed briefly with McDonald in court. He answered
"No, your honor," when Garaufis asked him if he had anything to say.
Legal and law enforcement sources, as well as court records, have
indicated that Massino, 62, wore a recording device and gathered
evidence in jail against his acting street boss Vincent Basciano, 45.
Basciano, a hair salon owner from the Bronx, was indicted last week on
the evidence gathered by Massino for the murder of a crime family
associate in December. Prosecutors also alleged, but did not charge in
the indictment, that Basciano suggested killing a federal prosecutor,
believed to be Andres.
During the brief court appearance Garaufis officially relieved attorney
Flora Edwards from representing Massino as one of his court-appointed
lawyers. Since the death penalty charge is still alive against Massino
despite the fact that he is cooperating, Garaufis allowed court
appointed death penalty lawyers David Stern and Kevin McNally to remain
on the case.
McDonald, former head of the Brooklyn organized crime strike force and
now with the firm of Dechert, LLP, declined comment after the court
appearance. He was appointed by Garaufis to represent Massino in the
convicted mobster's secret dealings with prosecutors. As a prosecutor
McDonald handled the 1978 Lufthansa cargo heist investigation and the
prosecution of former Congressman Mario Biaggi.
Garaufis also severed Massino's capital case, involving the 1999 murder
of Bonanno captain Gerlando Sciascia, from that of several
co-defendants.
Copyright © 2005, Newsday, Inc.
Drive around McClean, VA(the home of CIA headquarters) and read the
road signs: "George Bush's CIA"
Nixon is spinning in his grave wondering what Bush has to do to be
impeached.
"Fascism should rightly be called Corporatism, as it is a merge of
State and Corporate power." ---Benito Mussolini, the father of modern
fascism.
<[email protected]> wrote in message
news:[email protected]...
Mob boss Massino won't face death penalty
By Anthony M. DeStefano
STAFF WRITER
February 2, 2005, 4:40 PM EST
Federal prosecutors signalled yesterday that they are going to remove
the threat of the death penalty from Bonanno crime boss Joseph Massino
now that he is cooperating with investigators.
In Massino's first court appearance since news surfaced last week that
he was a turncoat, U.S. District Judge Nicholas Garaufis again directed
the Brooklyn U.S. Attorneys Office to ask the Attorney General-nominee
Alberto Gonzalez to reconsider the death penalty issue against the mob
boss.
Gonzalez is expected to have his nomination approved by the Senate
today.
Both Assistant U.S. Attorney Greg Andres and Massino's new "shadow"
counsel, Edward A. McDonald, by their comments tip-toed around the
issue of the Massino's status and never flat-out stated he was a
cooperating witness.
But Andres told Garaufis the court would be informed of "any
developments" that might impact the capital punishment issue. McDonald
also said he was happy prosecutors were going to ask Washington to
reconsider the death penalty.
The portly Massino, who has lost close to 20 pounds in recent weeks and
looked tired, conversed briefly with McDonald in court. He answered
"No, your honor," when Garaufis asked him if he had anything to say.
Legal and law enforcement sources, as well as court records, have
indicated that Massino, 62, wore a recording device and gathered
evidence in jail against his acting street boss Vincent Basciano, 45.
Basciano, a hair salon owner from the Bronx, was indicted last week on
the evidence gathered by Massino for the murder of a crime family
associate in December. Prosecutors also alleged, but did not charge in
the indictment, that Basciano suggested killing a federal prosecutor,
believed to be Andres.
During the brief court appearance Garaufis officially relieved attorney
Flora Edwards from representing Massino as one of his court-appointed
lawyers. Since the death penalty charge is still alive against Massino
despite the fact that he is cooperating, Garaufis allowed court
appointed death penalty lawyers David Stern and Kevin McNally to remain
on the case.
McDonald, former head of the Brooklyn organized crime strike force and
now with the firm of Dechert, LLP, declined comment after the court
appearance. He was appointed by Garaufis to represent Massino in the
convicted mobster's secret dealings with prosecutors. As a prosecutor
McDonald handled the 1978 Lufthansa cargo heist investigation and the
prosecution of former Congressman Mario Biaggi.
Garaufis also severed Massino's capital case, involving the 1999 murder
of Bonanno captain Gerlando Sciascia, from that of several
co-defendants.
Copyright © 2005, Newsday, Inc.
Drive around McClean, VA(the home of CIA headquarters) and read the
road signs: "George Bush's CIA"
Nixon is spinning in his grave wondering what Bush has to do to be
impeached.
"Fascism should rightly be called Corporatism, as it is a merge of
State and Corporate power." ---Benito Mussolini, the father of modern
fascism.
