Loren-Maltese Conviction Will Not be Thrown Out by Court

Friends of ours: Al Capone, Michael Spano Sr.,
Friends of mine: Betty Loren-Maltese, Emil Schullo

The U.S. Supreme Court on Monday rejected an appeal of the racketeering conviction of former Cicero Town President Betty Loren-Maltese, who is already scheduled to be resentenced later this month. Loren-Maltese is serving an eight-year prison term after she and her co-defendants were convicted of using a bogus insurance company to bilk Cicero taxpayers out of more than $10 million from 1992 to 1996. The high court, without comment, refused to consider Loren-Maltese's appeal of her 2002 conviction.

Amy Adelson, an attorney for Loren-Maltese, said she thought the Supreme Court would have taken the case to resolve differences in how lower courts have interpreted the "honest services" statute under which Loren-Maltese was convicted. "Obviously the Supreme Court takes very few of the cases presented to it," Adelson said. "We're not surprised, but we are disappointed."

Loren-Maltese is scheduled to be resentenced Jan. 23. A federal appeals court ruled in September that a federal judge made an error during the sentencing phase.

Randy Samborn, a spokesman for the U.S. Attorney's office in Chicago, said the office would have no comment on the Supreme Court's decision. Prosecutors have spent years investigating the small, blue-collar suburb just outside the Chicago city limits that has been known as a haven for corruption since the 1920s, when Al Capone made it the hub of his bootlegging empire.

Among the others convicted with Loren-Maltese were alleged Cicero mob boss Michael Spano Sr. and Emil Schullo, one-time head of the Cicero police department. Last September, an appeals court ruled that Loren-Maltese and five others convicted in 2002 of corruption should be resentenced.

A three-judge panel of the 7th U.S. Circuit Court of Appeals found that U.S. District Judge John F. Grady, who presided over the three-month trial, made an error in imposing the sentences. The opinion said that after Grady calculated the amount of the loss at $10.6 million he wrongly rounded the number down to below $10 million.

Under federal sentencing guidelines, the greater the loss, the harsher the sentence. Grady's decision cut 10 months or more off the sentences. Grady said he rounded the number down by $600,001 because it was merely an estimate and could be unreliable. But the appeals court said unless Grady thought the estimate biased, he had no basis for rounding down or rounding up.

At the Jan. 23 resentencing, Adelson said defense attorneys will be asking for a reduction in Loren-Maltese's sentence. In court papers, they have argued Loren-Maltese should be reunited with her young daughter - currently being cared for by Loren-Maltese's elderly mother - and say that after nearly three years in prison, she's a changed woman.

Adelson said defense attorneys will also argue that the sentence involved an upward departure from guidelines, resulting in a "quite severe" sentence. Federal prosecutors, however, want to extend Loren-Maltese's sentence by three years to more than 11 years. In court papers, they noted Grady said at the original sentencing he considered putting Loren-Maltese away for longer.

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Kennedy, Mafia, CIA, Yadda, Yadda, Yadda....

For those interested in the JFK conspiracy, there is more information at Kennedy, conspiracy in Hamburg

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Former G-Man to be Sued in '92 Mob Hit

Friends of ours: Gregory Scarpa Sr., Colombo Crime Family, Nicholas Grancio

A former FBI agent helped set up the 1992 shotgun murder of a Brooklyn mobster, a federal civil suit to be filed today by the gangster's widow charges, the Daily News has learned. The agent, Lindley DeVecchio, pulled a surveillance team shortly before the rubout of Nicholas Grancio as a favor to Mafia capo Gregory Scarpa Sr. - DeVecchio's secret informant, the suit contends.

News of the lawsuit came as The News reported that a Brooklyn grand jury is probing DeVecchio in the mob slaying and other alleged criminal dealings with Scarpa, an infamous Colombo crime family figure who died behind bars in 1994.

DeVecchio, found yesterday at his Florida home in an exclusive gated community, said, "I have nothing to say, I retired 10 years ago and everything that needed to be said is already on the record." "Anything you want to get, get from my lawyer. There's a lot I would love to say, but I just won't," said the former agent, appearing flustered in a T-shirt and jeans in his doorway.

The slaying of Grancio - a rival of Scarpa - took place at the height of a mob war between factions of the Colombo crime family. At Scarpa's request, DeVecchio called off surveillance by two NYPD detectives on Jan. 7, 1992, so Scarpa, with two associates, could move in for the drive-by shooting, the suit contends.

The lawsuit will be filed in Brooklyn Federal Court by attorney David Schoen on behalf of widow Maria Grancio. Schoen also filed notice that the FBI and the Justice Department will be also be sued.

Meanwhile, a grand jury convened by Brooklyn District Attorney Charles Hynes is investigating Grancio's killing and DeVecchio's long, complicated relationship with Scarpa.

One of two NYPD detectives involved in the surveillance, Joseph Simone, now retired, was extensively debriefed yesterday by a prosecutor and investigators from the DA's office, sources said. Simone has previously testified that he got called off the surveillance duty, calling it "very unusual." He and other law enforcement agents also reported his suspicions that DeVecchio was working for Scarpa.

Simone testified that he got the "call off" from DeVecchio's subordinate at the time, FBI agent Christopher Favo, who was acting on DeVecchio's orders. Favo was also named as a defendant in the suit, which sites a "corrupt relationship between an informant [Scarpa] and his FBI handler [DeVecchio] as part of a campaign of corruption and concealment." Favo did not return a telephone call seeking comment.

DeVecchio's attorney, Douglas Grover, has dismissed the DA's investigation as "nonsense," noting DeVecchio has not been prosecuted despite a previous two-year FBI probe into the agent's dealings with Scarpa. But the DA's office has developed new information on the matter and decided to begin the grand jury probe, sources said.

"Since the murder, DeVecchio, Favo and others lied about the matter and have misled on this subject and other incidents of gross misconduct repeatedly," the Grancio suit says. "They have taken other steps to conceal the true factors of the Grancio murder and that campaign of lying and coverup continues today."

Thanks to Jose Martinez and William Sherman with Nancie L. Katz

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Alleged Mafia Cop Speaks Out

Friends of ours: Lucchese Crime Family, Anthony "Gaspipe" Casso, Eddie Lino, Nicholas Guido
Friends of mine" Stephen Caraccappa, Louis Eppolito, Burton Kaplan

Over the years, 60 Minutes has done its share of stories about police corruption, but none more outrageous than the one you’re about to hear: it's the story of two New York City police officers who stand accused of being hired killers for the mafia. Stephen Caraccappa and Louis Eppolito - two highly decorated former detectives - are set to go on trial next month, charged with the murders of 10 people, murders committed on the orders of a vicious mob boss. For the first time, one of those detectives, Stephen Caracappa, who is free on bail, talks to correspondent Ed Bradley and answers the allegations that he betrayed his badge and became a mafia hitman.

Caracappa says the allegations against him are ridiculous. "It's ludicrous. Anybody that knows me, knows I love the police department. I couldn't kill anybody. I shot a guy once on the job, and I still think about it. It bothers me," he says.

Why does he think police went after him? "I could come up with 100 different scenarios. But none of the scenarios make any sense to me, myself," says Caracappa. "All I know is that I am here now. And, I'm fighting for my life. I'm fighting for my reputation. I want to be vindicated of this. And, I'm mad. I'm angry."

For most of his 23-year career in the New York City Police Department, Stephen Caracappa was widely respected for his tenacity and savvy in cracking complicated cases. He rose from street patrolman to undercover narcotics officer, to first-grade detective, receiving numerous commendations along the way. He helped create the prestigious organized-crime homicide unit. His mission was to investigate the Lucchese crime family but instead, prosecutors say that in 1985 Caracappa and his former partner Louis Eppolito actually joined the family, and began working for its brutal boss, Anthony "Gaspipe" Casso.

Speaking to Ed Bradley in a 1998 prison interview, Casso said, "I have two detectives that work the major squad team for the New York Police Department." Asked what their names were, Casso told Bradley, "Lou Eppolito and Steve – he’s got a long last name, Ca... Capis..."

"Caracappa?" Bradley asked.

"Caracappa yeah," Casso replied. "Caracappa, whatever it is. I can’t say it all the time you know. Louis is a big guy who works out. Steve is a little small skinny guy."

Casso remains in the prison, serving a life sentence after admitting to 36 murders. He told Bradley about the extraordinary relationship he had with Detectives Caracappa and Eppolito. He also told his story to federal prosecutors, spelling out how, for a hefty salary, Caracappa and Eppolito would walk right up to Casso’s enemies, trick them into believing they were under arrest, and then deliver them to Casso to be executed.

That’s exactly what Casso told 60 Minutes the detectives did to a young hood named Jimmy Hydell. "They put him in the car. The kid thought they were taking him to the station house. But they took him to a garage. When they got to the garage, they laid him on the floor; they tied his feet, his handcuffs, put him in the trunk of the car," Casso said. "After that, I killed the kid. Myself, at that time I gave Louis and Steve, I think, $45,000 for delivering him to me."

"You gave them a bonus for delivering some one to you, you killed?" Bradley asked.

"Right. Well they wanted to kill for me. I didn’t even have to do it. They were gonna get him, kill him and do whatever I wanted to do with him," Casso replied in the 1998 interview.

"I don’t know Hydell, never met Hydell, says Caracappa. "I never met Anthony Casso. I don't know Anthony Casso."

What about Casso's claim that he had met Caracappa during the alleged delivery of Jimmy Hydell? "Mr. Bradley, I never met - I spoke to Anthony Casso. Never," Caracappa says.

Why would Casso lie? "To save himself, I would assume," says Caracappa. "But, why would he use me? I don't know."

Casso was, in fact, hoping to save himself, and reduce his sentence, when he first told his astonishing account to investigators 12 years ago. But prosecutors say they couldn’t charge Eppolito and Caracappa then because they couldn’t prove Casso's story. But now they have witnesses to many of the murders who corroborate what Casso had to say. Among them is Jimmy Hydell’s mother, who told investigators that the detectives came to her house looking for her son a few hours before he was abducted and killed, and a garage worker who told authorities where to dig up the body of another man Caracappa and Eppolito allegedly buried beneath a lot in Brooklyn.

The most brazen crime former Detectives Eppolito and Caracappa are accused of took place along New York City’s Belt Parkway. Allegedly in broad daylight, the two detectives pulled over a car driven by a mobster named Eddie Lino. They flashed their badges, and according to prosecutors, shot him dead.

"I gave them $75,000. They killed him, like, cowboy style. They pulled alongside of him. They shot him. They made him crash into the fence alongside the Belt Parkway on the service road. Right? Then Steve got out of the car, ran across the street and finished shooting him. Finished killing him in the car," Casso said during the 1998 interview.

It's a claim Caracappa denies. "I was a New York City detective for 23 years. We don't go around killing people. I did not kill Eddie Lino. I'm not a cowboy," he says.

Caracappa agrees that being on the police force doesn't automatically mean someone is a good guy and acknowledges that there have been members of the police force who have killed.

"So, that doesn't, you know, that's not a good answer for me to say, 'I didn't do it because I'm on the job,'" Bradley says.

"No, it's my answer. It's my answer because I have pride in myself, Mr. Bradley," Caracappa replies. "I wouldn't do something like that. Put my life in jeopardy. My family. Disgrace the badge. Disgrace the city. Take everything that I had worked for my whole life and throw it away? And, killed somebody in the street like a cowboy? That's not my style. It's not me."

"If you thought you wouldn't get caught?" Bradley asks.

"Get caught? Everybody gets caught. And, the person who did this is gonna get caught," says Caracappa.

Caracappa says he’s also speaking for his friend and co-defendant Louis Eppolito, who declined 60 Minutes' request for an interview.

"He’s not the monster the newspapers portrayed him to be," says Caracappa. "We’ll put up the evidence to show that we couldn’t have done these crimes. We just couldn’t have done 'em." But prosecutors say Stephen Caracappa left a paper trail - a key piece of evidence – proving he used his position to access police department computers andfunnel confidential information to Anthony Casso about the whereabouts of his enemies. One of them was a mobster named Nicholas Guido.

Investigators say Caracappa ran that name through his computer, mistakenly came up with an address for the wrong Nicholas Guido and a few weeks later, it led Casso to kill an innocent man. "I don’t remember running Nicholas Guido in the computer. But if they have a printout saying I did, I probably did. I ran countless names in the computer," says Caracappa.

So does Caracappa think Guido's murder was just a coincidence? "I don't know if it's a coincidence," he says. "But, if I did anything and I had to run a name, it's down on paper and it's documented why I did it…. And, who I did it for. And, I definitely didn't do it for any wise guy."

Stephen Caracappa’s lawyer, Ed Hayes, argues it would have been implausible for a first-grade detective like Caracappa to make such a rookie mistake. "If he had been looking for the right Nicky Guido, it would have been easy for him to find him," says Hayes. "It’s practically impossible to me to assume that he would have made this mistake. Because he's based his whole career on avoiding that kind of mistake, assuming you're going to kill people for money, you want to kill the right guy. Not the wrong guy. Otherwise you got to kill two people for the price of one, right?"

Maybe he was just sloppy. "Yeah. Maybe he made a mistake. Or maybe he didn't do it," says Hayes. "But in our system, you don't convict somebody on a maybe."

While that may be, prosecutors have also obtained information from a former top associate of Anthony “Gaspipe” Casso named Burton Kaplan, a convicted narcotics trafficker, who claims he personally paid detectives Caracappa and Eppolito when they committed murders for Casso. Ed Hayes says neither Casso nor Kaplan have any credibility.

"You have several individuals that even by criminal standards are revolting. And I think they saw this as an opportunity to make a plan, where they could get special treatment and get out of jail. And in fact, Burt Kaplan, who’s a drug dealer, a super large money launderer, has gotten out of jail because of making these accusations," says Hayes.

Stephen Caracappa says he knows he is being framed. And he says he has a good idea why he was implicated in the first place: his relationship with Louis Eppolito, who came from a family of mobsters, and wrote a book about it, titled "Mafia Cop: The Story of an Honest Cop Whose Family Was The Mob." In the book, Eppolito brags about socializing with mobsters and torturing suspects when he was on the job.

Does Caracappa fear jurors might know of the book and lump him in by guilt of association? "It could be. But if you knew Louie Eppolito and you spoke to Louie Eppolito, and you spent any time with him, you would see he couldn't do that. The guy is gentle," says Caracappa. But there’s a separate case that paints a dark picture of Louis Eppolito, involving Barry Gibbs, who spent 19 years in prison for a murder prosecutors now say he didn’t commit. He was freed four months ago, after a judge ruled that Det. Eppolito, who investigated the crime, intimidated the only eyewitness in the case into falsely testifying against Gibbs.

"He is a corrupt cop, and he is no good, and that’s the end of it," says Gibbs. "He ruined my life. He could have done that to anybody. It just so happens it was me. He could have done it you. He could have done it to anybody sitting here."

That eyewitness who testified against Gibbs was a former Marine, Peter Mitchell. In 1986, Mitchell saw a man dumping a woman’s body along a road in Brooklyn. He gave a description of the suspect to Eppolito, who was on the scene investigating the murder, and while his description bore no resemblance to Barry Gibbs, Mitchell says Eppolito threatened to hurt him and his family, if he refused to pick Gibbs out of a police lineup and point the finger at him in court.

Mitchell admits he knew he was lying on the stand and that his testimony would land Gibbs in jail. "Yeah, but you know what? I don't want this cop after me," says Mitchell.

How could he do that? "How could I do that? My family was on the line here. And I, if I had to do it, I'll do it again," says Mitchell.

Mitchell says that if he hadn't fingered Barry Gibbs he would be dead.

As for Barry Gibbs, he would still be in prison today if prosecutors hadn’t stumbled across his case file last spring during a search of Louis Eppolito’s home. Eppolito has not been charged with any criminal wrongdoing in this case, and claims he did nothing improper. The former detective made a brief statement to reporters recently about the 10 murder charges against him.

"I was a very highly decorated cop. I worked very hard my whole life and I just wanted people to know I’m not the person that they’re portraying me," he said.

Asked by a reporter if he was ever a bad cop, Eppolito replied, "Never in my life, never."

The question for the jury in this case, which goes to trial next month, is: did two decorated police officers cross the thin blue line and become hitmen for the mafia?

"You must know that if you get convicted on even one of these murder charges, you'll go down in history as one of the most corrupt cops in the history of the department," says Bradley. "That's true, Mr. Bradley, but I won't be convicted, because I didn't do this," replies Caracappa. "I won't, didn't do it. So I'm not gonna be convicted. I won't have that on my epitaph."

Courtesy of 60 Minutes

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