Yes Your Honor

As readers first learned on Sunday, The Shark Attacks segment was going to be curtailed so as to not be too specific or as spicy as it had been since the start of the Family Secrets Mob Trial. The reason is that the author of those posts, Joseph Lopez, who represents Frank Calabrese Sr. in court, had been ordered by Judge Zagel to temper his comments. It is my understanding that the government had made that request to the judge in closed chambers last week. Although, I give them an open invitation to share with me their observations on the proceedings as well. Who knew that anybody even read this site? ;-)

Since that post on Sunday, I have had a handful of attorneys contact me to express their concern on the ruling as matter of First Amendment rights. A few sites that they shared with me that I will pass along include the First Amendment Center and a trial transcript regarding a case in which the judge had a similar reaction. As long time readers will know, if you have something to share, I am glad to pass it along to all of the readers that stop by here. In fact, the majority of my links are ones suggested to me by those in law enforcement and the media.

In terms of coverage of the trial, when I spoke with Shark over the weekend, we have both been impressed with in depth reporting from The Tribune and the Sun Times. In particular, Jeff Coen and Steve Warmbir. If you have been visiting my site for anytime, you will know that I have been a fan of both men for a while. Personally, I also love that Steve has even created a blog himself that has an abundance of additional information that does not make into the regular newspaper. It is an excellent marriage of using the new media to support and expand upon the established media. There is no doubt that we are in good hands with both papers to keep us informed all summer long. If my schedule permits, I hope to even attend the trial one day myself to give a first hand account.

Has "The Shark" had his teeth pulled?

The federal judge presiding over the Family Secrets mob case in Chicago has privately told Joseph "The Shark" Lopez -- the defense lawyer for reputed Outfit hit man Frank Calabrese Sr. -- to stop allowing his critiques of the trial to be posted on an Internet blog.

Lopez, among the more colorful defense attorneys at the trial, called a witness in one blog posting "boring," a doofus and -- using Italian slang -- an ass.

U.S. District Judge James Zagel was not amused and ordered Lopez to stop e-mailing his entries to the blog, chicagosyndicate.blogspot.com. The judge recently took the action behind closed doors, according to sources familiar with the matter.

Friday, Lopez, among the more media-friendly lawyers in the case, took the uncharacteristic step of having no comment. "I can't talk about it because it's under seal," Lopez said.

In general, attorneys are prohibited during trial from making statements outside of court that could have a prejudicial effect on the case.

Last Tuesday, Lopez went to great lengths -- before telling the news media about his client's reaction to the day's testimony -- to say he would not comment on specific witnesses. Not that Lopez's short-lived blog had only negative things to say.

Lopez noted the judge was "doing an excellent job of moving [the] trial along at a good pace."

He gave kudos to one of the prosecutors on the government team, noting tangentially, "he is quite a sailor." He criticized another as "monotone and dry with no emotion."

And Lopez was kind to a fellow defense attorney, Rick Halprin, who represents reputed top mobster Joseph "Joey the Clown" Lombardo. In one cross-examination, "Halprin was great as usual," Lopez wrote.

When asked about the compliment on the blog, Halprin said, "While I agreed with the sentiment, it's still inappropriate."

"The only opinion that counts is the jury's," Halprin said. Thanks to Steve Warmbir

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FBI Director Meets with Privacy and Civil Liberties Groups

FBI Director Robert S. Mueller, III, met today with representatives of several privacy and civil liberties groups in a continuation of discussions surrounding the Bureau’s use of National Security Letters.

The leaders and representatives of advocacy groups had a chance to discuss with Director Mueller and the FBI’s General Counsel, Valerie Caproni, the Bureau’s continuing initiatives to strengthen internal controls designed to protect privacy and civil liberties.

Today’s meeting is part of a continuing dialogue aimed at reaching out to subject matter experts, including critics, who may give added value to the development of internal processes. The FBI’s goal is to maintain compliance with rules and law while effectively carrying out the FBI’s mission to deter and prevent terrorism. At the initial meeting in March, Bureau officials discussed the findings released by the Department of Justice Inspector General regarding the FBI’s use of National Security Letters and the actions taken by the FBI based on the Inspector General’s recommendations. At a follow up meeting, privacy groups were provided the draft proposal for improved internal guidelines. The advocacy groups provided valuable suggestions, many of which were incorporated into the final product.

“These are complex issues, and it’s important that we have an open and ongoing dialogue,” said Director Mueller. “We have worked hard to develop more transparency around our development of policy where privacy and civil liberties are concerned. We may not agree with the advocacy groups on every point, but the dialogue is valuable and their advice is important to us.”

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Judge Muzzling Attorneys at Mob Trial?

Attorney Joseph "The Shark" Lopez, who is representing Frank Calabrese Sr. in the Chicago Family Secrets Mob Trial, has agreed to provide us with updates on his observations and thoughts regarding the various court proceedings.

Today, Shark indicates that Judge Zagel has ordered him to tone down his comments to the media.

"Local court rules do not allow me to comment on the witnesses in this case. Somehow my first amendment got lost in the fray. Frank (Calabrese) Jr. is on stand, as Jeff Coen wrote, he made all kinds of allegations. The tapes will be played next week. It should be an intersting week. I can't wait until cross examination. At least three lawyers will ask him questions. It's sure to be a great week. Judge Zagel is moving the trial along and the prosecutors are moving witnesses in and out. As usual, I asked a gazillion questions last week. This week should be the same. Stay Tuned." - Shark

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Mob Testimony Better Than Any TV Drama

Friends of ours: Frank Calabrese Sr., Angelo "The Hook" LaPietra

Frank Calabrese Jr. says he was just a Holy Cross High School student when his father got him started in the family business by assigning him to help his Uncle Nick make the rounds to collect all the quarters taken in from peep shows at half a dozen adult bookstores.

The bookstores were owned by a guy named Vito, who got the idea the Calabreses were skimming -- which they were -- and decided to paint the quarters to help him get an honest count. Frank Calabrese Jr.'s father, alleged mob hit man Frank Calabrese Sr., didn't appreciate the tactic and confronted Vito, slapping him and telling him "not to worry," Frank Jr. told a federal jury Tuesday.

Soon thereafter, "Vito left and couldn't be found," said Frank Jr., who in short order was helping his "Uncle Joe" run the bookstores.

You hear for years about the big Family Secrets investigation of the Chicago Outfit and how a son helped make the case against his father by secretly tape-recording their conversations. You hear it so long it starts to become background noise, and then the son steps into the courtroom and you suddenly are witness to more real drama than any television show about the mob has ever captured.

Frank Jr. hobbled to the witness stand with the help of a cane in his left hand, necessitated by multiple sclerosis, with which he was diagnosed in 2000.

He is a big man with broad shoulders and a shaved head, imposing despite his illness and eyeglasses. He wore a striped golf shirt, which was untucked. And he is the spitting image of his father, who watched Frank Jr.'s first hour of testimony with seeming bemusement, a thin smile on his face that one could imagine concealed an urge to get up and slap his 47-year-old son. Frank Jr. said that's exactly what Frank Sr. did on more than one occasion after he stole and spent between $600,000 and $800,000 that he took from one of his father's hiding spots in the early 1990s.

Frank Jr. said he invested about $200,000 of the money into opening a restaurant, La Luce at Lake and Ogden, and a lesser amount on the Bella Luna Cafe on Dearborn. But he said he spent most of it on vacations and drugs. "I blew all the money. I just spent it all wildly," he testified, occasionally interrupting to take a swig from a bottle of Ice Mountain water.

His father figured out what had happened and came to Frank Jr.'s home in Elmwood Park to confront him. "He grabbed me by the arm and walked me down the street," Frank Jr. testified, admitting that he started to cry. "When I denied it, he cracked me in the head with an open hand."

After Frank Jr. confessed, his father told him he would have to find a way to pay the money back, because it actually belonged to mob boss Angelo "The Hook" LaPietra.

Soon thereafter, Frank Sr. went to the restaurant to check on his son and found he wasn't there. According to Frank Jr., his father then phoned him and instructed him to meet him outside a White Hen in Elmwood Park.

From there they drove to a garage in Elmwood Park where Frank Jr. said his father kept cars owned in other people's names that he used for his Outfit work.

Once inside the garage, "my father cracked me and started yelling at me," Frank Jr. testified. Then, Frank Jr. said, "He pulled out a gun and stuck it in my face and told me: 'I'd rather have you dead than disobey me.' "

"I started crying and hugging him and kissing him," Frank Jr. told the jury. "Help me. Help me," Frank Jr. said he pleaded. "I want to do the right thing."

His father relented. On the way back to the restaurant, though, Frank Sr. "punched me in the face . . . numerous times," Frank Jr. said.

Assistant U.S. Attorney John Scully cut off the line of questioning at that point and took it another direction, though likely to return to it in the days ahead as the younger Calabrese continues his testimony. Frank Jr. then told stories of the first two times he accompanied his dad on his mob enforcement rounds, including helping with the attempted firebombing of an Elmwood Park garage.

It is in the nature of men to want to bring their sons into the family business, I suppose, and therefore illogical to think it would be any different when the family business is crime. But logic has nothing to do with it.

Thanks to Mark Brown

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Scarface: The World is Yours

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