Dueling Closing Arguments in Federal Court Over Family Secrets Case

Prosecutors and defense attorneys dueled in closing arguments at the "Family Secrets" mob trial Tuesday, each putting their own views on the evidence presented over the last 10 weeks.

Prosecutors asked jurors not to buy the spin of defense attorneys while the defense, in turn maintained it was the government's witness who is not believable.

Assistant U.S. Attorney Markus Funk, continuing his presentation from Monday, focused on the murder of Anthony and Michael Spilotro, two mobsters who were themselves brutally beaten to death in 1986.

Prosecutors, relying on the testimony of turncoat mobster Nick Calabrese, maintain the two were lured to a home near Bensenville or Wood Dale and killed there by a dozen other mobsters, including defendants James Marcello of Lombard and Frank Calabrese Sr.

The Spilotros were killed in 1986 after Anthony Spilotro began attracting too much "heat," or attention to mob activities, in Las Vegas. "And why was Michael killed? Because he was Tony's brother," contended Funk, noting that the mob couldn't take the chance that Michael Spilotro might seek revenge on them. And he ridiculed Frank Calabrese Sr.'s testimony that had him claiming he only found out after the fact about Nick Calabrese killing fellow mobster John Fecarotta when he went to see Nick Calabrese, his brother, recovering from a bullet wound sustained during the killing.

"Now, of course, in Frank Calabrese Sr.'s world, he's totally uninvolved," scoffed Funk.

Why then, is Frank Calabrese Sr. on tape, discussing with his son how he was just a few blocks away at the time of the killing, driving around in vain trying to find Nick?

"Once again, what is Frank Calabrese Sr. doing? 'Play-acting' (on tape?) Trying to impress his son?" said Funk. "It's laughable."

But after Funk's presentation, Marcello attorney Mark Martin keyed in on a statement made by Nick Calabrese that high-ranking mobster Rocky Infelise was at the Spilotro slayings. He pointed to transcripts of phone recordings made of Infelise's home that show him making and receiving phone calls during the alleged time of the killings.

That proves Nick Calabrese is a liar, Martin said. "If you find he's lying about the Spilotro murders -- and he is -- then you can't believe a word he says," said Martin. "Heaven help us if his word is proof beyond a reasonable doubt."

Lombardo's lawyers next took the podium, with Susan Shatz pointing out that the man Lombardo worked with, Irv Weiner, had more reason to murder plastics plant owner Daniel Seifert than Lombardo did. In fact, both men stood to go to prison from Seifert's testimony in an upcoming criminal trial regarding theft of union funds.

Prosecutors say Irv Weiner was under Lombardo's control while defense attorneys say it was the other way around.

The fact that Lombardo's fingerprint is on the application to the title of a car used in Seifert's killing is explainable, they maintain, by the fact that it was notarized in Weiner's office where Lombardo spent a lot of time, Shatz said. "I think it is reasonable" to believe that, Shatz said.

Rick Halprin, another Lombardo lawyer, conceded that Lombardo's testimony at times was not credible, particularly when he maintained that when he was recorded using the word "we" to discuss shaking down massage parlor owners, he didn't really mean "we."

"He (Lombardo) was made to look like a fool by a very skilled prosecutor," said Halprin.

Lombardo's shaky testimony was due to the fact that he doesn't believe jurors, aware of his past convictions for mob activities, would give him a fair shake, Halprin said.

What Lombardo doesn't understand, Halprin maintained, was that those tapes don't matter much because they don't clearly show the activity was done for the Chicago mob, something required to convict of conspiracy. And Halprin also attacked other prosecution witnesses like Patrick Spilotro, brother to the slain mobsters and dentist to Lombardo. He called Patrick Spilotro's testimony that Joseph Lombardo discussed the murders with him "not credible."

Patrick Spilotro, who was present for closing arguments, said it was Lombardo's team that wasn't credible. "Smokescreen, lies and deception," Patrick Spilotro said of Halprin's arguments. "They're doing what they have to do, but truth and justice will prevail."

Thanks to Rob Olmstead

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Rent-a-Mobster

Reputed top Chicago mobster Joseph "Joey the Clown" Lombardo was "not truthful" at times in his testimony in the Family Secrets trial and was made to look like "a ridiculous old fool" under cross-examination -- but he was nothing more than a "rent-a-mobster," Lombardo's own attorney told jurors in his closing argument Tuesday.

Lombardo's lawyer, Rick Halprin, said Lombardo was never a made member of the mob but hung out and hustled with businessmen with deep mob ties. At times, Lombardo hustled himself into prison, Halprin said.

Lombardo has long retired from any Outfit connections, Halprin said, invoking the so-called withdrawal defense that's unique to Lombardo's case. "We are not talking about redemption here," Halprin intoned toward the end of his argument. "We are talking about a decided change in lifestyle."

"Redemption, I dare say, for Mr. Lombardo is in the not-too-distant future," Halprin said. Lombardo, at 78, is the oldest of five defendants on trial.

Prosecutors have tried to tie Lombardo to more recent Outfit activity by the testimony of Pat Spilotro, who was Lombardo's dentist and the brother of slain mobsters Anthony and Michael Spilotro. Pat Spilotro turned Lombardo in to the FBI when he was on the lam last year.

In court, Spilotro testified that his longtime patient mentioned his troubles, including that the New York mob was trying to muscle into Chicago. Halprin called Spilotro's testimony "not credible."

Outside the courtroom, Spilotro said he was telling the truth. "They're doing what they have to do up there," Spilotro said of the defense attorneys. "But the truth and justice will prevail."

Lombardo didn't always tell the truth on the witness stand, Halprin acknowledged. "He's frightened to death of you," Halprin told the jury. Lombardo didn't tell the truth when he pretended not to know what certain mobsters were the area bosses of. He is afraid jurors will judge him for his past. "He truly believes, no matter what his lawyers tell him, that you're going to punish him for that," Halprin said.

Another defense attorney, Marc Martin, gave the first closing statement, for reputed Outfit boss James Marcello, and focused on savaging the credibility of the government's star witness, Outfit killer Nicholas Calabrese.

Calabrese testified that Marcello took part in three murders and one attempted murder, but Martin argued Calabrese lied to save himself from the death penalty. "Do you think he would lie?" Martin asked of Calabrese. "Do you think he would lie to save his life?"

Thanks to Steve Warmbir

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Prosecution Reminder - Cross the Outfit: End Up Dead

Defense attorneys were to get their last shot Tuesday after a federal prosecutor reminded jurors at a big Chicago mob trial what happens to people who cross the Outfit: "You end up dead."

That's according to assistant U.S. Attorney Markus Funk in a 280-minute closing argument that stretched over two days.

Defense attorneys were to start their arguments Tuesday afternoon.

Five defendants are accused of taking part in a conspiracy that included 18 long-unsolved murders, illegal gambling, loan sharking and extortion. They are reputed mobster Joseph "Joey the Clown" Lombardo, 78; convicted loan shark Frank Calabrese Sr., 70; convicted jewel thief Paul Schiro, 70; reputed mob boss James Marcello, 65; and retired Chicago policeman Anthony Doyle, 62.

Funk sought to recap for jurors highlights of the trial that started June 21. He detailed gruesome killings, including events leading up to the trial's most high-profile death -- that of Tony "The Ant" Spilotro, who was beaten to death along with his brother, Michael, and buried in an Indiana cornfield.

Tony Spilotro, known as the mob's man in Las Vegas, was the inspiration for the Joe Pesci character in the 1995 movie "Casino." In the film, Pesci's character was beaten with bats and buried alive.

Thanks to NBC5

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Prosectors Begin Closing Argument in Family Secrets Mob Trial

To acquit the men on trial in the "Family Secrets" mob case, prosecutor Markus Funk told the jury Monday, jurors have to believe that three of the defendants caught on tape talking about their crimes were simply unlucky enough to be recorded while they were "play acting."

"The evidence tells you that these men are guilty," said Funk, referring to defendants Frank Calabrese Sr. of Oak Brook, Joseph Lombardo of Chicago, Michael Marcello of Lombard, Paul Schiro of Phoenix and Anthony Doyle of Wickenburg, Ariz.

It would be enough, Funk said, to convict the men on racketeering charges if they simply knew of mob activities and helped plan them. But each defendant, Funk alleged, personally committed the crimes as well.

For four of them, that means murder. And with that, Funk began to recite the circumstances of each of the 18 murders alleged in the case.

One of those was the 1974 killing of Daniel Seifert in Bensenville. He was gunned down at his factory after signing up to testify against Lombardo for stealing from Teamster funds.

Lombardo testified he didn't know Seifert was going to testify against him, but Funk noted that as part of the case, Lombardo would have had papers delivered to him notifying him of Seifert's testimony. Seifert was killed and the government dropped the case because their key witness was dead.

"So it (the murder) paid off, in a perverse way, for Mr. Lombardo," Funk said.

In that case, the evidence against Lombardo includes two store clerks testifying it was Lombardo who bought the police scanner recovered from a car used in Seifert's murder. Seifert's brother also testified that Lombardo, a few weeks before the killing, called him and warned him to "straighten out" Danny.

"What additional proof could one want?" asked Funk. "How 'bout a fingerprint?"

Lombardo's fingerprint was found on the title application for the car used in the murder, he said.

He also took time to debunk Lombardo's alibi, that he was filling out a police report on a stolen wallet that day. He noted that when Lombardo was asked immediately after the killing where he had been, he never mentioned the stolen wallet or police report. And the report, noted Funk, was taken at a police station where another mobster reported cops were being paid off by the mob.

Funk also hammered home the case against Frank Calabrese Sr. in the 1970 murder of Michael Albergo, a juice loan collector and partner to Calabrese. Authorities were issuing subpoenas in the juice loan business at that time, and Albergo had received one, Funk said. "Albergo said, 'I'm not going to jail by myself.' That's a mistake to say something like that to these men," Funk said.

Nick Calabrese, the brother of Frank Calabrese Sr., testified that he, Calabrese Sr., and Ronald Jarrett picked up Albergo near Sox Park and Frank Calabrese Sr. strangled him. "He (Calabrese Sr.) cut Mr. Albergo's throat as well, just to make sure," Funk said.

Nick Calabrese said the body was buried at a warehouse on the 3300 block of South Shields in Chicago. At the time, it was under construction. Now, it's a parking lot for U.S. Cellular Field.

That, Funk said, explains why the body was never recovered. The building was razed and the earth on the spot -- about 5 feet deep -- was hauled away, Funk said. "Mr. Albergo's remains were removed over 20 years ago in the back of a pickup truck somewhere," Funk said.

Then he predicted, "I suspect you're going to hear (from defense attorneys) that Nick Calabrese invented all of this."

But besides Nick Calabrese's testimony, Funk told jurors, are tape recordings of Frank Calabrese Sr. and his son, Frank Calabrese Jr., who cooperated with prosecutors. In the recording, Calabrese Sr. discusses with Calabrese Jr. what Nick Calabrese could testify to, and he apparently talks about multiple murders, describing some in gruesome detail, including the shotgun slaying of Richard Ortiz and Arthur Morawski in Cicero. Ortiz, Calabrese tells his son, was the target and Morawski just happened to be there.

"The Polish guy (Morawski) that was there happened to be a nice guy," said Calabrese Sr. on the recording. "Wrong place at the wrong time."

Calabrese Sr. said that to call off a hit because an innocent person was in the way couldn't be done because other Outfit leaders might think you were weak for "freezing."

Funk encouraged jurors not to simply believe or disbelieve the testimony of Nick Calabrese, who he conceded was a "cold-blooded" killer. But additional forensic evidence, he said, corroborates Nick Calabrese's testimony and makes it believable, which means jurors should convict, Funk said.

"Who gives them the right to take the lives of other human beings?" asked Funk. "How is it that they can just walk into a business and demand money? "Because they know how to instill fear in other human beings," said Funk, answering his own question. "Kill another human being if he gets in your way."

Funk will continue his closing argument Tuesday and defense attorneys will then respond, after which prosecutors will get another chance to speak. Closing arguments are expected to continue through Thursday.

Thanks to Rob Olmstead

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Family Secrets Closing Arguments This Week

With the presentation of evidence expected to wrap up Monday, the Family Secrets trial has been among the most riveting and eye-opening in Chicago history, putting the violent realities of Outfit life and death on display for nine weeks.

Among the trial's highlights, three reputed "made" members of the Chicago Outfit each testified -- one, the star government witness, and two key defendants.

Nicholas Calabrese, confronted with DNA evidence tying him to a 1986 murder, turned on the mob, betraying his brother and providing an insider's view on many of the 18 gangland slayings at the heart of the prosecution's case.

In a rare move for accused mobsters, Calabrese's brother, Frank Calabrese Sr., who is implicated in 13 of the murders, and Joey "the Clown" Lombardo, perhaps Chicago's best-known reputed Outfit figure of the past three decades, took the witness stand in their own defense.

In closing arguments this week, lawyers will guide jurors through the testimony of dozens of witnesses and hours of secretly made recordings.

Calabrese, Lombardo and three co-defendants -- James Marcello, Paul "the Indian" Schiro and former Chicago police officer Anthony "Twan" Doyle -- are charged in a conspiracy that allegedly involved murder, racketeering, extortion and threats.

The first count of the indictment charged that the Chicago mob killed its "members, associates and others to advance the interests of the Chicago Outfit's illegal activities." If any of the defendants are convicted of the first count, U.S. District Judge James Zagel decided last week, jurors will be asked to deliberate separately on whether any defendants committed specific murders. That finding could trigger a stiffer sentence -- up to life in prison.

The most damning evidence against Frank Calabrese Sr. came from his brother, and his son, Frank Calabrese Jr. Nicholas Calabrese spent a week on the stand, calmly testifying in vivid detail about how his brother slowly lured him into Outfit life. By the time he committed his first murder with his brother in 1970, he testified he believed it was a test of his manhood. "We gotta put somebody in a hole," he quoted his brother as announcing. Nick Calabrese testified that his brother's preferred method of murder was to strangle his victims with a rope and then cut their throats.

In hours of conversations secretly taped by the FBI and played for jurors while he was imprisoned, Frank Calabrese Sr. could be heard discussing some of the murders with his son. He also talked about participating in a mob-making ceremony, complaining that holy pictures had been burned in his hand. "That bothers me," Frank Calabrese Sr. said on the tape.

In his closing argument, Calabrese's lawyer, Joseph Lopez, is expected to contend that Calabrese's brother and son testified for the government as part of a plot to steal some $2 million from him.

In testifying, Frank Calabrese Sr. flatly denied killing any of the victims with an emphatic "No way," sometimes as he thumped his fingers down on the witness stand.

He said he ran a loan business with Outfit connections, but he never used threats to collect debts. Telling jurors he was jealous of his brother's relationship with his sons, Frank Calabrese Sr. said he boasted to impress his son when he appeared to be discussing mob activity.

Prosecutors contend Marcello is another longtime Outfit figure, trumpeting him as its then-current leader when he was arrested in 2005.

Nicholas Calabrese implicated Marcello in perhaps the case's most notorious slayings, those of brothers Anthony and Michael Spilotro. He allegedly lured them to their deaths, driving them to the Bensenville residence where they were beaten to death, Calabrese testified.

Prosecutors have tried to strengthen their case with tapes of Marcello talking in prison with his brother, Michael, who previously pleaded guilty in the Family Secrets case. The Marcellos can be heard talking in code and speculating about whether the government was building a case against them.

Prosecutors also presented the testimony of Spilotro family members, including Michael Spilotro's daughter, who said it was James Marcello who called her family's home the day her dad vanished.

Marcello's defense team likely will argue to the jury that the government's case is too speculative, that Nicholas Calabrese, an admitted serial killer, can't be trusted and that no physical evidence connects Marcello to any of the slayings.

Prosecutors alleged that Lombardo, the reputed boss of the mob's Grand Avenue street crew, was behind the murder of Daniel Seifert, his onetime business partner, though the evidence is largely circumstantial. Seifert was due to testify against Lombardo in a fraud case when he was ambushed by gunmen outside his Bensenville office and killed.

Lombardo's fingerprint was found on the title application of one of two getaway cars found about two miles from the scene of the murder.

Lombardo's lawyer, Rick Halprin, has argued that his client was a hustler but not a gangster, a legitimate businessman with mob connections.

Lombardo testified earlier this month, drawing dozens to the courtroom to watch the notorious reputed Outfit leader. He was asked by a prosecutor whether he is a capo in the Chicago Outfit. "That is positively no, sir," Lombardo said.

Prosecutors alleged that Schiro, a reputed Spilotro associate who was part of the Chicago mob's western operations, helped stalk federal witness Emil Vaci in Phoenix in 1986.

Nicholas Calabrese told how Schiro allegedly helped a mob hit squad locate and target Vaci before Calabrese shot him in the head. Schiro and his lawyer, Paul Wagner, have chosen to put on no witnesses. Wagner has argued that Nicholas Calabrese was the real killer and cannot be trusted.

The case against Doyle centers mostly on the bloody glove that linked Nicholas Calabrese through DNA to a 1986 murder. In 1999, when the Outfit had gotten wind of the federal mob investigation and began to fear that Calabrese would cooperate, Doyle allegedly passed information about the glove to Frank Calabrese Sr.

In testifying last week, Doyle said he visited Calabrese in prison out of loyalty to a lifelong friend and tried to shift blame to a former police officer who also had been charged in the case, but died before trial.

Closing arguments by the attorneys could begin as soon as late Monday. Jury deliberations likely will begin later in the week.

Thanks to Jeff Coen

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