In a conference room on the 17th floor of the Brooklyn district attorney’s office, in the winter of 2005, a prosecutor and a detective investigator sat down with a woman they did not trust.
The woman’s name was Linda Schiro, she had been a gangster’s mistress, and she told them a story worthy of the big screen: Right at her kitchen table in Bensonhurst, Brooklyn, an F.B.I. supervisor and a notorious Mafia assassin had conspired to commit four long-unsolved murders.
The case was a tempting career-maker, but one with warning signs. Ms. Schiro had already told federal investigators and others of her Mafia life, playing down the role of the F.B.I. supervisor, Roy Lindley DeVecchio.
“We knew what her problems were, and it was important for us to corroborate everything she gave us,” said Michael F. Vecchione, the prosecutor, who is chief of the district attorney’s Rackets Division and keeps an office six steps from the conference room. “And we believed we had.”
But after all the efforts to verify her story, Ms. Schiro’s own words, preserved on 10-year-old cassette recordings, came back to confirm that she could not be trusted.
As the sensational quadruple-murder case based on her testimony was formally dismissed yesterday, the judge denounced the tactics used by the F.B.I. to fight organized crime, Mr. DeVecchio said he would never forgive the Brooklyn prosecutors, and Mr. Vecchione defended his case.
The woman at the center of it all, Ms. Schiro, prepared for possible perjury charges, hiding from the press behind closed doors. “She’s standing by what she said in court 100 percent,” said her appointed lawyer, Gary Farrell. “I understand the inconsistencies, they’re there, and she’s got a plausible explanation.”
Ms. Schiro’s explanation may emerge if prosecutors carry out their pledge to request a special prosecutor for a perjury inquiry. But as the murder case against Mr. DeVecchio dissolved yesterday, the decision to use her testimony came under intense scrutiny.
“The D.A. here did not take the simplest steps to verify what this mercenary and absolutely amoral human being was telling them,” said Douglas E. Grover, a lawyer for Mr. DeVecchio. He called the case “a model of what a responsible prosecutor should not do.”
The charges against Mr. DeVecchio dated to the 1980s and early 1990s, when he oversaw an F.B.I. unit assigned to the Colombo crime family. His primary informer was Gregory Scarpa, a capo. During a war for control of the family, agents working for Mr. DeVecchio voiced suspicions of his relationship with Mr. Scarpa. In trials that followed, prosecutors acknowledged that Mr. DeVecchio had disclosed confidential information to Mr. Scarpa.
In 1994, federal investigators pursuing an internal investigation interviewed Ms. Schiro, who had lived for years with Mr. Scarpa, who died in prison in 1994. Mr. DeVecchio was cleared of wrongdoing and allowed to retire.
Later, Ms. Schiro spoke to authors ranging from a hard-boiled crime writer to a purveyor of romantic advice, generally characterizing Mr. DeVecchio as a friendly, tangential figure in her Mafia tableau.
Dormant for years, the case was passed on to the Brooklyn district attorney’s office by Representative William Delahunt, Democrat of Massachusetts, after a Congressional investigation stalled.
Investigators first focused on the killing of Nicholas Grancio, a capo in the Colombo family. “We were able to dispel the notion that DeVecchio played a role in that homicide,” said Mr. Vecchione, who oversaw the investigation and tried the case. “There were other nuggets out there that needed pursuing.”
Prosecutors visited Ms. Schiro at her home in Staten Island. “The moment that the case first broke open was when Linda gave us these four homicides in toto,” Mr. Vecchione said.
Seeking confirmation, investigators spoke to imprisoned members of the crime family. One, Carmine Sessa, a onetime consigliere, told them Mr. Scarpa had spoken freely about his crimes in front of his mistress.
The prosecutors also spoke to the agents who had raised suspicions about their boss. Special Agent Chris Favo confirmed details of surveillance conducted on one of the slain men, information the prosecutors would accuse Mr. DeVecchio of giving Mr. Scarpa.
When they brought Ms. Schiro to that conference room in the winter of 2005, prosecutors began preparing her for a grand jury, Mr. Vecchione said. They moved her family for protection and began paying her $2,200 a month for living expenses. But in relying on their corroborating witnesses, the prosecutors did little to scrutinize Ms. Schiro’s prior statements.
“The fact is they never told the grand jury that Linda Schiro had made numerous statements for years inconsistent with her recent claims about Mr. DeVecchio’s guilt,” said Mr. Grover, the defense lawyer.
As opening statements were delivered on Oct. 15, the gears that would doom the case locked into place. Because Mr. DeVecchio had waived his right to a jury trial, the legal concept of jeopardy attached, meaning he could not be retried for the four killings in which he was indicted, a court official said. And in the gallery that day sat Tom Robbins, a reporter who would return to court with tape-recorded interviews of Ms. Schiro.
The prosecutor’s emphasis on Ms. Schiro’s testimony, Mr. Robbins has said, led him to revisit the tapes, confirming that she had denied any involvement by Mr. DeVecchio in the killings.
In State Supreme Court yesterday, Justice Gustin L. Reichbach dismissed the charges and ordered the return of Mr. DeVecchio’s $1 million bail, which had been raised in part by his former colleagues in the F.B.I.
A round of applause rose from the gallery. Outside the courtroom, Mr. DeVecchio’s supporters criticized the prosecution. “These people are incompetent,” said Jim Kossler, a retired F.B.I. agent.
Recounting the bureau’s accomplishments against organized crime and the quandaries of handling informants, he added, “They could have indicted me just as easily.”
Mr. DeVecchio, 67, spoke of returning home to Florida to ride his Harley and enjoy retirement. “I will never forgive the Brooklyn D.A. for irresponsibly pursuing this case after being warned by others that this one witness was untrustworthy,” he said.
In his written final word on the case, Justice Reichbach criticized the tactics of the F.B.I. Quoting from Nietzsche, he reminded those involved in the case that “he who fights with monsters might take care lest he thereby become a monster.”
Thanks to Michael Brick
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Friday, November 02, 2007
Alleged Genovese Mafia Boss & Lieutenant Plead Guilty To Extortion
MICHAEL J. GARCIA, the United States Attorney for the Southern District of New York, announced that Acting Boss of the Genovese Organized Crime Family, DANNY LEO, a/k/a “The Lion,” 66, and his primary lieutenant and nephew, JOSEPH LEO, 45, pleaded guilty today to charges of extortion. DANNY and JOSEPH LEO pleaded guilty in Manhattan federal court before United States Magistrate Judge ANDREW J. PECK.
According to the Indictment and statements made during bail hearings and the guilty pleas:
From 2002 to November 30, 2006, DANNY LEO and JOSEPH LEO agreed to extort a business owner ("Victim-1") by threatening Victim-1 with physical violence and other harm if he did not make prompt repayment of various loans and debts. Also, from about January 2003 to January 2006, DANNY LEO agreed to extort the owners and operators of an illegal gambling business involved in interstate commerce ("Victim-2" and "Victim-3"). DANNY LEO and other members and associates of the Genovese Organized Crime Family, agreed to use threats of economic harm and violence to force Victim-2 and Victim-3 to make payments to a member of the Genovese Organized Crime Family.
DANNY LEO pleaded guilty to two counts of conspiring to commit extortion. Magistrate Judge PECK ordered both defendants to continue to be detained. JOSEPH LEO pleaded guilty to one count of extortion. DANNY LEO faces a maximum sentence of 40 years’ imprisonment and a maximum fine of $250,000. JOSEPH LEO faces a maximum sentence of 20 years’ imprisonment and a maximum fine of $250,000.
Mr. GARCIA praised the work of the Federal Bureau of Investigation, the New York City Police Department, and the New York State Police in this investigation. Assistant United States Attorneys ERIC SNYDER and BENJAMIN GRUENSTEIN are in charge of the prosecution.
According to the Indictment and statements made during bail hearings and the guilty pleas:
From 2002 to November 30, 2006, DANNY LEO and JOSEPH LEO agreed to extort a business owner ("Victim-1") by threatening Victim-1 with physical violence and other harm if he did not make prompt repayment of various loans and debts. Also, from about January 2003 to January 2006, DANNY LEO agreed to extort the owners and operators of an illegal gambling business involved in interstate commerce ("Victim-2" and "Victim-3"). DANNY LEO and other members and associates of the Genovese Organized Crime Family, agreed to use threats of economic harm and violence to force Victim-2 and Victim-3 to make payments to a member of the Genovese Organized Crime Family.
DANNY LEO pleaded guilty to two counts of conspiring to commit extortion. Magistrate Judge PECK ordered both defendants to continue to be detained. JOSEPH LEO pleaded guilty to one count of extortion. DANNY LEO faces a maximum sentence of 40 years’ imprisonment and a maximum fine of $250,000. JOSEPH LEO faces a maximum sentence of 20 years’ imprisonment and a maximum fine of $250,000.
Mr. GARCIA praised the work of the Federal Bureau of Investigation, the New York City Police Department, and the New York State Police in this investigation. Assistant United States Attorneys ERIC SNYDER and BENJAMIN GRUENSTEIN are in charge of the prosecution.
FBI Made "Deal with the Devil"
A former FBI agent accused of conspiring in a mob murder spree has been cleared of the sensational charges, but the vaunted law enforcement agency received a scathing rebuke from a judge in the process.
In a four-page decision that brought the trial of ex-agent Lindley DeVecchio to a stunning end Thursday, state Supreme Court Justice Gustin Reichbach said the FBI violated its own rules by allowing DeVecchio to court a known killer as an informant for well over a decade.
"In the face of the obvious menace posed by organized crime, the FBI was willing ... to make a deal with the devil," Reichbach said in a hushed Brooklyn courtroom. "At best, the FBI engaged in a policy of self-deception, not wanting to know the true facts about this informant-murderer whom they chose to employ."
The judge also referred to testimony by Linda Schiro, informant Gregory Scarpa's longtime girlfriend, that Scarpa had assisted the FBI in finding the bodies of slain civil rights workers in Mississippi. In 1964, she said, Scarpa shoved a gun into the mouth of a Mississippi Klansman — a threat that persuaded the man to reveal where the trio's bodies were buried.
"That a thug like Scarpa would be employed by the federal government to beat witnesses and threaten them at gunpoint to obtain information ... is a shocking demonstration of the government's unacceptable willingness to employ criminality to fight crime," the judge said.
Prosecutors had built their case on the word of Schiro, a mob mistress since she met Scarpa at age 16. Their hopes imploded Tuesday when two reporters surfaced with decade-old interviews showing that back then, she implicated DeVecchio in only one murder — not the four she testified about under oath.
District Attorney Charles Hynes said Thursday prosecutors would not have brought the case if they had heard the tapes beforehand. "It's that simple. We would not have prosecuted because it would have been so damaging to the central part of our case that it would have been unthinkable to proceed," he told reporters.
The judge threw out the case mid-trial, and DeVecchio walked out a free man to the applause of friends and former colleagues. "After almost two years, this nightmare is over," said DeVecchio, referring to the time since his indictment. "My question is, `Where do I go to get back my reputation?'"
Allegations about leaks from DeVecchio to the ruthless mobster known as "The Grim Reaper" began after Scarpa's 1994 death in a prison in Minnesota. A Department of Justice internal investigation found no reason to prosecute DeVecchio, who retired to Florida in 1996. But in March 2006, Brooklyn prosecutors announced DeVecchio's indictment on four murder counts, alleging the FBI agent had cooperated with the Colombo capo between 1987 and 1992 in exchange for cash, stolen jewelry, liquor — even prostitutes.
It wasn't until Schiro began testifying this week that the case reached its unexpected conclusion. The key prosecution witness was the lone direct link between DeVecchio and the murders.
Once she finished her first day of testimony, veteran reporter Tom Robbins came forward with tapes made in 1997, when he and fellow journalist Jerry Capeci interviewed Schiro for a never-published book.
Her account "was so disturbingly different, we couldn't sit on it," Robbins said outside court after the dismissal.
Schiro now faces possible perjury charges, said Assistant District Attorney Michael Vecchione. Because of the double jeopardy rule that a person can't be tried twice for the same crime, DeVecchio is free and clear of the charges.
A court-appointed attorney for Schiro said she stood by her recent sworn testimony, despite the discrepancies raised by the book interview. "She told the truth in court under oath," said the lawyer, Gary Farrell.
To celebrate the case's collapse, DeVecchio went to Sparks Steak House, the site of a notorious 1985 mob murder. Mafia boss "Big Paul" Castellano was gunned down outside the Manhattan eatery in a hit that eventually led to John Gotti's ascension as boss of the Gambino crime family.
"The food is good," DeVecchio said as he, his wife, lawyers and friends popped a bottle of champagne, according to the New York Post.
Thanks to Tom Hays
In a four-page decision that brought the trial of ex-agent Lindley DeVecchio to a stunning end Thursday, state Supreme Court Justice Gustin Reichbach said the FBI violated its own rules by allowing DeVecchio to court a known killer as an informant for well over a decade.
"In the face of the obvious menace posed by organized crime, the FBI was willing ... to make a deal with the devil," Reichbach said in a hushed Brooklyn courtroom. "At best, the FBI engaged in a policy of self-deception, not wanting to know the true facts about this informant-murderer whom they chose to employ."
The judge also referred to testimony by Linda Schiro, informant Gregory Scarpa's longtime girlfriend, that Scarpa had assisted the FBI in finding the bodies of slain civil rights workers in Mississippi. In 1964, she said, Scarpa shoved a gun into the mouth of a Mississippi Klansman — a threat that persuaded the man to reveal where the trio's bodies were buried.
"That a thug like Scarpa would be employed by the federal government to beat witnesses and threaten them at gunpoint to obtain information ... is a shocking demonstration of the government's unacceptable willingness to employ criminality to fight crime," the judge said.
Prosecutors had built their case on the word of Schiro, a mob mistress since she met Scarpa at age 16. Their hopes imploded Tuesday when two reporters surfaced with decade-old interviews showing that back then, she implicated DeVecchio in only one murder — not the four she testified about under oath.
District Attorney Charles Hynes said Thursday prosecutors would not have brought the case if they had heard the tapes beforehand. "It's that simple. We would not have prosecuted because it would have been so damaging to the central part of our case that it would have been unthinkable to proceed," he told reporters.
The judge threw out the case mid-trial, and DeVecchio walked out a free man to the applause of friends and former colleagues. "After almost two years, this nightmare is over," said DeVecchio, referring to the time since his indictment. "My question is, `Where do I go to get back my reputation?'"
Allegations about leaks from DeVecchio to the ruthless mobster known as "The Grim Reaper" began after Scarpa's 1994 death in a prison in Minnesota. A Department of Justice internal investigation found no reason to prosecute DeVecchio, who retired to Florida in 1996. But in March 2006, Brooklyn prosecutors announced DeVecchio's indictment on four murder counts, alleging the FBI agent had cooperated with the Colombo capo between 1987 and 1992 in exchange for cash, stolen jewelry, liquor — even prostitutes.
It wasn't until Schiro began testifying this week that the case reached its unexpected conclusion. The key prosecution witness was the lone direct link between DeVecchio and the murders.
Once she finished her first day of testimony, veteran reporter Tom Robbins came forward with tapes made in 1997, when he and fellow journalist Jerry Capeci interviewed Schiro for a never-published book.
Her account "was so disturbingly different, we couldn't sit on it," Robbins said outside court after the dismissal.
Schiro now faces possible perjury charges, said Assistant District Attorney Michael Vecchione. Because of the double jeopardy rule that a person can't be tried twice for the same crime, DeVecchio is free and clear of the charges.
A court-appointed attorney for Schiro said she stood by her recent sworn testimony, despite the discrepancies raised by the book interview. "She told the truth in court under oath," said the lawyer, Gary Farrell.
To celebrate the case's collapse, DeVecchio went to Sparks Steak House, the site of a notorious 1985 mob murder. Mafia boss "Big Paul" Castellano was gunned down outside the Manhattan eatery in a hit that eventually led to John Gotti's ascension as boss of the Gambino crime family.
"The food is good," DeVecchio said as he, his wife, lawyers and friends popped a bottle of champagne, according to the New York Post.
Thanks to Tom Hays
Thursday, November 01, 2007
Mafia Presidential Candidate Polling Results
Las week, Rudy Giuliani was reported to have been saved from assassination by the Mafia twenty years ago by a vote of the five crime family bosses. Two voted to have him killed and three voted to let him live. That's a sixty percent approval rating anyway you cut it.
Wednesday, October 31, 2007
Timeline: key figures, dates in 2000 Winnebago County jail lawsuit
The following are key events in the ongoing alleged jail overcrowding lawsuit in Winnebago County:
1976
* Winnebago County jail on State Street opens with 394 beds.
1989
* Timothy Chatmon imprisoned on alleged murder charges that were ultimately dropped years later. He currently awaits pardon from governor on the charge.
1993
* Voters reject proposed property tax increase to pay for 300-bed addition to existing jail.
1994
* Chatmon said attorney John F. Heckinger Jr. approached him to be a plaintiff in an alleged jail overcrowding lawsuit with inmate James Thomas.
* Heckinger files a similar lawsuit in nearby Stephenson County.
1995
* State Sen. Dave Syverson (R-34, Rockford) sponsors a bill that would allow certain counties to impose a sales tax for “public safety purposes.” In effect, the bill would switch funding sources for changes to the jail from property taxes to sales taxes.
* Winnebago County Board Chairman Gene Quinn (R) testifies in Springfield in support of Syverson’s bill.
* Chatmon is released from jail in February on appeals bond, only to be re-imprisoned about four months later by local officials on disputed drug and weapon charges.
1996
* Syverson’s bill becomes Illinois law.
1997
* Winnebao County agrees to settle first jail lawsuit, which includes a three-year moratorium on jail lawsuits. Chatmon said he received nothing from the settlement.
2000
* Jail lawsuit moratorium expires, and soon after a new jail lawsuit is filed in March.
* Chatmon said Heckinger asked him in March to be a plaintiff in a second alleged jail overcrowding lawsuit. Chatmon said the lawsuit was supposed to be about unsanitary conditions in the jail, but it devolved into a lawsuit about building a large, new jail.
* Chatmon earns parole, and is released from prison in December. He and his wife move to Texas after his release about one year later.
2001
* Winnebago County State’s Attorney Paul Logli chooses private practice attorney Paul R. Cicero to represent the county’s interests in the jail lawsuit.
* Chatmon’s son, Timothy C. Chatmon Jr., is jailed on robbery and weapons charges.
* Chatmon’s son is added as a plaintiff to the jail lawsuit because “there was a threat that the suit would be thrown out because I was out of jail,” Chatmon said.
2002
* Voters approve referendum for county-wide, one percentage-point, sales tax increase to be used for “public safety purposes.” The referendum campaign capitalized on citizen fears of criminals being released into the community, due to lack of jail beds.
2003
* Heckinger is charged by the state with unauthorized use of his clients’ money “for his own business or personal purposes,” and commingling one of his client’s funds.
* Winnebago County sales tax increases from 6.25 to 7.25 percent to pay for new jail and other public safety programs.
County agrees in federal court to build new jail.
* Winnebago County Board approves paying Chatmon’s attorneys $152,707.
2004
* Chatmon files a motion to “nullify” the agreement that stipulated building the jail. He begins search for new legal representation. Chatmon said he was not aware and did not approve of the agreement to build the new jail.
* Chatmon’s motion is denied by Federal District Court Judge Philip G. Reinhard on grounds his petition was untimely.
Heckinger has his law license suspended for 60 days.
* Chatmon received a letter from Heckinger that said the issue of compensation “will be” addressed “in 2007 or later.”
* County begins buying property and destroying structures to make way for the 80-foot high, 588,000 square-foot facility.
* Construction work begins to build the 1,212-bed jail.
2006
*Chatmon’s attorneys file a motion to drop his personal claims, but want to continue to represent the “classes” in the lawsuit. The court grants Heckinger’s request to drop Chatmon’s personal claims from the lawsuit in early 2007.
2007
* New jail opens
* Heckinger and his lawsuit partner, Attorney Thomas E. Greenwald, seek an additional $185,711 to the $152,707 they have already been paid from Winnebago County taxpayers for a total of $343, 418.
* Meanwhile, Cicero’s private law firm Cicero and France, P. C., have already been paid $356,865 from 2001 to 2007 for their legal services.
* Chatmon continues his quest for compensation for his personal claims in court. However, he is forced into representing himself without an attorney, and prospects for compensation appear dim.
Thanks to Jeff Havens. Mr Havens is a former staff writer and award-winning reporter for The Rock River Times, a weekly newspaper in Rockford, Ill.
1976
* Winnebago County jail on State Street opens with 394 beds.
1989
* Timothy Chatmon imprisoned on alleged murder charges that were ultimately dropped years later. He currently awaits pardon from governor on the charge.
1993
* Voters reject proposed property tax increase to pay for 300-bed addition to existing jail.
1994
* Chatmon said attorney John F. Heckinger Jr. approached him to be a plaintiff in an alleged jail overcrowding lawsuit with inmate James Thomas.
* Heckinger files a similar lawsuit in nearby Stephenson County.
1995
* State Sen. Dave Syverson (R-34, Rockford) sponsors a bill that would allow certain counties to impose a sales tax for “public safety purposes.” In effect, the bill would switch funding sources for changes to the jail from property taxes to sales taxes.
* Winnebago County Board Chairman Gene Quinn (R) testifies in Springfield in support of Syverson’s bill.
* Chatmon is released from jail in February on appeals bond, only to be re-imprisoned about four months later by local officials on disputed drug and weapon charges.
1996
* Syverson’s bill becomes Illinois law.
1997
* Winnebao County agrees to settle first jail lawsuit, which includes a three-year moratorium on jail lawsuits. Chatmon said he received nothing from the settlement.
2000
* Jail lawsuit moratorium expires, and soon after a new jail lawsuit is filed in March.
* Chatmon said Heckinger asked him in March to be a plaintiff in a second alleged jail overcrowding lawsuit. Chatmon said the lawsuit was supposed to be about unsanitary conditions in the jail, but it devolved into a lawsuit about building a large, new jail.
* Chatmon earns parole, and is released from prison in December. He and his wife move to Texas after his release about one year later.
2001
* Winnebago County State’s Attorney Paul Logli chooses private practice attorney Paul R. Cicero to represent the county’s interests in the jail lawsuit.
* Chatmon’s son, Timothy C. Chatmon Jr., is jailed on robbery and weapons charges.
* Chatmon’s son is added as a plaintiff to the jail lawsuit because “there was a threat that the suit would be thrown out because I was out of jail,” Chatmon said.
2002
* Voters approve referendum for county-wide, one percentage-point, sales tax increase to be used for “public safety purposes.” The referendum campaign capitalized on citizen fears of criminals being released into the community, due to lack of jail beds.
2003
* Heckinger is charged by the state with unauthorized use of his clients’ money “for his own business or personal purposes,” and commingling one of his client’s funds.
* Winnebago County sales tax increases from 6.25 to 7.25 percent to pay for new jail and other public safety programs.
County agrees in federal court to build new jail.
* Winnebago County Board approves paying Chatmon’s attorneys $152,707.
2004
* Chatmon files a motion to “nullify” the agreement that stipulated building the jail. He begins search for new legal representation. Chatmon said he was not aware and did not approve of the agreement to build the new jail.
* Chatmon’s motion is denied by Federal District Court Judge Philip G. Reinhard on grounds his petition was untimely.
Heckinger has his law license suspended for 60 days.
* Chatmon received a letter from Heckinger that said the issue of compensation “will be” addressed “in 2007 or later.”
* County begins buying property and destroying structures to make way for the 80-foot high, 588,000 square-foot facility.
* Construction work begins to build the 1,212-bed jail.
2006
*Chatmon’s attorneys file a motion to drop his personal claims, but want to continue to represent the “classes” in the lawsuit. The court grants Heckinger’s request to drop Chatmon’s personal claims from the lawsuit in early 2007.
2007
* New jail opens
* Heckinger and his lawsuit partner, Attorney Thomas E. Greenwald, seek an additional $185,711 to the $152,707 they have already been paid from Winnebago County taxpayers for a total of $343, 418.
* Meanwhile, Cicero’s private law firm Cicero and France, P. C., have already been paid $356,865 from 2001 to 2007 for their legal services.
* Chatmon continues his quest for compensation for his personal claims in court. However, he is forced into representing himself without an attorney, and prospects for compensation appear dim.
Thanks to Jeff Havens. Mr Havens is a former staff writer and award-winning reporter for The Rock River Times, a weekly newspaper in Rockford, Ill.
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