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untanglingwebs
El Supremo
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People v. Flint Municipal Judge :: 1970 :: Michigan Supreme Court ...
law.justia.com › ... › Michigan Supreme Court Decisions › 1970
Justia
People v. Flint Municipal Judge - 175 N.W.2d 750, 383 Mich. 429. ... was had in the municipal court of Flint before Thomas C. Yeotis, municipal judge. On March ...
The Supreme Court upheld the Appeals Court. Nino's had a reputation for having a shady clientele, but that doesn't mean the owner participated in illegal activities. It appears Leonard went to the extreme. |
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Wed Oct 26, 2016 5:03 pm |
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untanglingwebs
El Supremo
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Decisions Mich. 32 Mich. 32 Mich. App. 163 (1971)
PEOPLE v. MONTEVECCHIO
Docket No. 7110.
32 Mich. App. 163 (1971)
188 N.W.2d 186
PEOPLE v. MONTEVECCHIO
Michigan Court of Appeals.
Decided March 30, 1971.
View Case Cited Cases Citing Case
Attorney(s) appearing for the Case
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.
Thomas R. McCombs, for defendant on appeal.
Before: R.B. BURNS, P.J., and J.H. GILLIS and T.M. BURNS, JJ.
Leave to appeal denied, 387 Mich ___.
PER CURIAM.
Defendant Caesar Montevecchio, Loren Jolly, and Joseph Giacalone were charged with armed robbery. MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797). Because of certain statements made by Loren Jolly to the police, motion for separate trial for the defendant herein and Joseph Giacalone was granted. Defendant and Giacalone were both convicted as charged, and defendant was sentenced to serve not less than 50 years nor more than 70 years in the state prison.
Defendant contends that the following remarks made by the prosecutor were inflammatory and prejudiced defendant's right to a fair trial:
"If a man can come into our city, pull a gun on two of our citizens, rob them of between $30,000 and $40,000, register in this town under a false name, have his room occupied through the night of the 14th, and be used that night, and paid for for that night, make — have telephone calls placed to his home twice on the day of the robbery from here, not from Erie, but from here, and be the man they picked out in the back of this crowded courtroom — if he can do all those things and get away with it, because a couple of his booze-joint friends say he wasn't here, then let's close up shop and go home; because, we aren't safe anymore.
[32 Mich. App. 165]
"Because, any man who can't get a couple of booze-joint friends to come in and testify for him isn't worth his salt, even as a criminal.
"And, these men were pretty good criminals, they weren't amateurs. They were pros. They knew what they were doing.
"Most amateurs can get a couple of friends to put in a good word for them, and I assure you that a pro can, with stories that you couldn't check out for love nor money."
In People v. Ignofo (1946), 315 Mich. 626, the prosecutor stated that defendant was guilty and that, while the defendant had previously evaded detection, his deeds had now caught up with him. The Supreme Court in reversing defendant's conviction stated at page 636:
"In the case at bar the statement of the prosecuting attorney was not an expression of his opinion. It was a statement of fact that should only have been made by a witness. While no objection was made to such statement at the time it was made or specific charge requested of the court, yet in our opinion such statement could not be eradicated from the minds of the jury and is reversible error."
Similarly, in People v. Slater (1970), 21 Mich.App. 561, the prosecutor stated that he knew defendant was the one who killed the victim. This Court held that while it is proper for the prosecutor to argue the testimony, he should not be permitted to state what he personally thinks or believes of defendant's guilt.
In the instant case the remarks of the prosecutor characterized the defendant as a professional criminal whose friends perjured themselves in testifying as to defendant's alibi. These remarks were made as statements of fact and would certainly lead the jury to think that the prosecutor believed that defendant
[32 Mich. App. 166]
was guilty. We consider the situation presented here to be controlled by People v. Hill (1932), 258 Mich. 79, 88, where the Supreme Court stated:
"The prosecuting attorney should be permitted to argue the testimony, but has no right to state what he personally thinks or believes of defendant's guilt except as shown by proof. If he has first-hand knowledge of facts which legitimately tend to show defendant's guilt, it is his duty to present them under oath from the witness stand the same as any other witness. If his knowledge is only that based upon the testimony, he should confine himself to his duty as a prosecuting official."
Based upon the cited authority, we find the remarks of the prosecutor were prejudicial and deprived the defendant of a fair trial.
Although defendant did not object to the prosecutor's remarks and did not request a cautionary instruction by the trial judge, the failure to object is and should be a bar to review only when the goal of the objection would, in all likelihood, have eliminated the prejudice. People v. Humphreys (1970), 24 Mich.App. 411.
In the instant case, the goal of an objection by the defendant would have been a cautionary instruction by the trial judge. In our opinion an instruction would not have eliminated the prejudice created by the prosecutor's inflammatory remarks. Defendant's failure to object will not, therefore, bar this Court from affording the appropriate relief.
Defendant raises several other issues, none of which have any merit. We would note, however, that on retrial the defendant should not be questioned about any arrest which did not result in a conviction in accordance with People v. Brocato (1969), 17 Mich.App. 277.
Reversed and remanded. |
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Wed Oct 26, 2016 5:26 pm |
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untanglingwebs
El Supremo
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Mich. 399 Mich. 399 Mich. 642 (1977)
PEOPLE v. GIACALONE
Docket No. 56005, (Calendar No. 13).
399 Mich. 642 (1977)
250 N.W.2d 492
PEOPLE v. GIACALONE
Supreme Court of Michigan.
Argued February 5, 1976.
Decided February 15, 1977.
View Case Cited Cases Citing Case
Attorney(s) appearing for the Case
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Joel B. Saxe, Senior Assistant Prosecuting Attorney, for the people.
Thomas R. McCombs for defendant.
LEVIN, J.
Joseph Giacalone, Caesar Montevecchio and Loren Jolly were charged with armed robbery.1
Jolly was separately tried and convicted. Giacalone and Montevecchio were tried together and convicted.
In this appeal of Giacalone's conviction,2 he asserts that, in calling Jolly as a witness knowing
[399 Mich. 644]
that he would claim the privilege against self-incrimination, the prosecutor acted improperly.
Charles Kinsman, a confederate turned state's witness, testified that he drove a getaway car. Jolly and Montevecchio entered a jewelry store and committed the robbery. Giacalone drove another getaway car.
Giacalone's roommate testified that on the morning of the robbery Giacalone awakened him and told him to leave the apartment because he thought the police were outside. Jolly was in the living room sorting jewelry. Montevecchio came in as the roommate was leaving.
Kinsman identified a necklace he had retrieved from Giacalone's sister; he said Giacalone had taken it from the stolen jewelry. The sister testified that Giacalone had given her a necklace two months after the robbery, that Kinsman had stolen the necklace from her, and that the necklace introduced at trial was not the one her brother gave her. Giacalone's mother corroborated her daughter's testimony.
Jolly's attorney advised the judge and other counsel that Jolly would claim his Fifth Amendment privilege and refuse to testify.3 The prosecutor was permitted, over objection, to call Jolly to the stand. He asked two questions and when Jolly invoked the privilege sat down:
"Q. What is your name?
"A. Loren Jolly.
"Q. Mr. Jolly, do you recall the date of August 15, 1967?
"A. By advice of counsel, I refuse to answer on the ground that it may tend to incriminate me."
[399 Mich. 645]
A lawyer may not knowingly offer inadmissible evidence or call a witness knowing that he will claim a valid privilege not to testify. The American Bar Association standards relating to the prosecution and defense functions provide that it is unprofessional conduct for a prosecutor or a lawyer representing a defendant
— "knowingly and for the purpose of bringing inadmissible matter to the attention of the judge or jury to offer inadmissible evidence";4
— "to call a witness who he knows will claim a valid privilege not to testify, for the purpose of impressing upon the jury the fact of the claim of privilege."5
The rationale of the rule has been explained by the Supreme Court of Iowa:
"When an alleged accomplice invokes the privilege in the presence of the jury, prejudice arises from the human tendency to treat the claim of privilege as a confession of crime, creating an adverse inference which an accused is powerless to combat by cross-examination." State v Allen, 224 N.W.2d 237, 241 (Iowa, 1974).6
[399 Mich. 646]
A number of state courts have reversed convictions where a prosecutor called an accomplice knowing that he would exercise his Fifth Amendment privilege. State v Duhon, 332 So.2d 245 (La, 1976); Johnson v State, 158 Tex Crim 6; 252 S.W.2d 462 (1952); De Gesualdo v People, 147 Colo. 426; 364 P.2d 374; 86 ALR2d 1435 (1961). Cf. State v Vega, 85 N.M. 269; 511 P.2d 755 (Ct App, 1973).
Michigan case law recognizes the danger that an adverse inference may be drawn from a claim of testimonial privilege. It has been held to be error for a prosecutor to call a witness, forcing the defendant in the jury's presence to claim the marital privilege or the attorney-client privilege.7
When Jolly declined to answer whether he recalled "the date of August 15, 1967", the date of the offense, on the ground that his answer "may tend to incriminate me" the jury may have inferred that the answer if given would have been favorable to the prosecution. The jurors were informed through Kinsman's testimony that Jolly and Giacalone had committed the offense. Jolly
[399 Mich. 647]
was thus connected to Giacalone. An adverse inference from Jolly's refusal to answer may have carried over to Giacalone.
Giacalone's counsel vigorously objected to the calling of Jolly. No instruction concerning Jolly's claim of privilege was given.8
[399 Mich. 648]
Reversed and remanded.
KAVANAGH, C.J., and WILLIAMS, COLEMAN, FITZGERALD, and RYAN, JJ., concurred with LEVIN, J.
BLAIR MOODY, JR., J., took no part in the decision of this case.
FootNotes
1. MCLA 750.529; MSA 28.797.
2. Montevecchio appealed separately; his conviction was reversed because of improper closing argument by the prosecutor. People v Montevecchio, 32 Mich.App. 163; 188 N.W.2d 186 (1971).
Giacalone's conviction was affirmed by a different panel of the Court of Appeals, People v Giacalone, 52 Mich.App. 428; 217 N.W.2d 444 (1974), which found the same remarks not to be sufficiently prejudicial to merit reversal in the absence of timely objection and request for a cautionary instruction.
Jolly's conviction was affirmed on appeal but sentence was vacated and the cause was remanded for sentencing because "the trial judge impermissibly considered certain matters in the sentencing process". People v Jolly, 51 Mich.App. 163; 214 N.W.2d 849 (1974).
3. Although Jolly had already been convicted, an appeal was pending. He could still exercise the privilege. See People v DenUyl, 318 Mich. 645; 29 N.W.2d 284 (1947).
4. ABA Project on Standards for Criminal Justice, Standards Relating to the Prosecution Function and the Defense Function (Approved Draft, 1971), § 5.6(b) (the prosecution function) and § 7.5(b) (the defense function).
5. Id, § 5.7(c) (the prosecution function) and § 7.6(c) (the defense function).
6. The commentary accompanying the ABA Standards similarly states that the rule against calling a witness knowing that he will exercise a valid privilege not to testify is grounded in "`the impossibility of effective cross-examination and the possibility that the jury may give inferences from the claim of privilege more weight than they deserve.' Note, [Exercise of the Privilege Against Self-Incrimination by Witnesses and Codefendants: The Effect Upon the Accused,] 33 U Chi L Rev 151, 154[165] (1965)." ABA Standards, supra, commentary accompanying the prosecution function, § 5.7, p 125. See, generally, Anno: Prejudicial effect of prosecution's calling as witness, to extract claim of self-incrimination privilege, one involved in offense with which accused is charged, 86 ALR2d 1443.
There is disagreement whether a claim of the self-incrimination privilege logically supports an inference of guilt. While the law draws no such inference, "the layman's natural first suggestion would probably be that the resort to privilege in each instance is a clear confession of crime". 8 Wigmore, Evidence (McNaughton rev), § 2272, p 426.
Our holding is based on evidentiary trial error. A number of recent decisions finding error in a prosecutor's calling and questioning a witness he knows will claim the privilege do so on Sixth Amendment grounds — the defendant was denied his right of confrontation because the inference is not subject to cross-examination. See State v Nelson, 72 Wn.2d 269; 432 P.2d 857 (1967); Commonwealth v Terenda, 451 Pa. 116; 301 A.2d 625 (1973); and Robbins v Small, 371 F.2d 793 (CA 1, 1967), cert den 386 U.S. 1033; 87 S.Ct. 1483; 18 L Ed 2d 594 (1967). See also Douglas v Alabama, 380 U.S. 415; 85 S.Ct. 1074; 13 L Ed 2d 934 (1965).
We see no need to reach the constitutional issue. Difficulty in obtaining effective cross-examination has been a traditional reason for excluding evidence — for example, hearsay.
7. See People v Trine, 164 Mich. 1; 129 NW 3 (1910) (marital), and People v Dahrooge, 173 Mich. 375; 139 NW 22 (1912) (attorney-client).
8. The judge instructed that Jolly was not a party to the case and that the disposition of his case had no bearing on the guilt or innocence of Montevecchio and Giacalone. He further instructed that no adverse inference should be drawn from the failure of Montevecchio and Giacalone to testify. There was, however, no instruction that an adverse inference should not be drawn against Montevecchio and Giacalone as a result of Jolly's counsel's objection to the questions put to Jolly and his refusal to testify on the ground that his testimony might incriminate him.
Asking a jury not to draw an adverse inference from a witness's claim of privilege may underscore the inference; even if some or all the jurors had missed the inference, the instruction will draw it for them. Our disposition makes it unnecessary to consider whether an instruction would cure the error.
In United States v Maloney, 262 F.2d 535, 538 (CA 2, 1959), Judge Learned Hand, speaking for the Court, felt constrained to hold, on the basis of the case law at the time, that an instruction would cure the error but he said:
"As res integra, it is doubtful whether such admonitions are not as likely to prejudice the interest of the accused as to help them, imposing, as they do, upon the jury a task beyond their powers: i.e. a bit of `mental gymnastics,' as Wigmore § 2272 calls it, which it is for practical purposes absurd to expect of them."
Cases that grounded reversal on the Sixth Amendment have held that an instruction will not cure the error. See Commonwealth v Terenda, supra, and Robbins v Small, supra; San Fratello v United States, 340 F.2d 560 (CA 5, 1965).
A consideration militating against allowing the error to be cured by instruction is that it would in effect vest an unstructured discretion in judges to substitute an instruction of doubtful efficacy for compliance with the well-established rule. The rule would then become that a lawyer may not call a witness who he knows will claim the privilege unless the judge allows him to do so and cautions the jury not to draw an adverse inference.
The defendant duly objected, alerting both the prosecutor and the judge to the impropriety of what was proposed, in contrast with Namet v United States, 373 U.S. 179; 83 S.Ct. 1151; 10 L Ed 2d 278 (1963), where the prosecutor had a basis for believing that the privilege would not be exercised and it was debatable whether it could be validly claimed and where no objection was made.
As stated by the Court of Appeals of New Mexico:
"Nor can we agree with the proposition that defendant has the burden of showing prejudice. Under the circumstances of this case prejudice is presumed. Once the state has obtained the benefit of the inference of defendant's guilt, which is not subject to cross-examination, it cannot have the benefit of a presumption that this inference was not prejudicial and shift the burden to defendant to show there was prejudice." State v Vega, 85 N.M. 269, 272; 511 P.2d 755, 758 (Ct App, 1973). |
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Wed Oct 26, 2016 8:52 pm |
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untanglingwebs
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The robbery occurred at the Hirsch Jewelry on August 15,1967. Allegations were that this was a burglary ring and the trail led to Youngstown and Erie Ohio.
Grossman was a defense attorney. He argued over the motivation of the witnesses. According to Grossman, kinsman was a frequent (hundreds of times) visitor to Prosecutor Leonard's office. He calls the investigator Marv and is good friends with Ward Chapman and Gardner, said Grossman. He argued Kinsman knew what was expected of him.
Of another witness, Larry Swanson, Grossman called him a "paid informant", one who gives information and integrates himself with Leonard. He called Leonard to get money and thinks he works for Leonard. "I think so too, Leonard doesn't." Grossman alleged Swanson went to Marv Anderson's farm and carried a gun.
Grossman made a vague reference to how if people don't pay, Swanson makes them pay with handcuffs and a pistol and he thinks he is a policeman.
I wish the case People v Montevecchio had more detail. There was said to a 30 page assault on Leonard. Naturally Leonard launched an objection and denounced the comments
When kinsman was questioned above any charges against him, he said "someone will talk to the Judge. |
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Wed Oct 26, 2016 9:30 pm |
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untanglingwebs
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The West Pennsylvania Mob was said to be one of 24 traditional mafia families, They were discussed in book by Steven Fox entitled Blood and Power. Many called Erie's mafia a myth. It was said that Raymond W. Ferritto, an associate of the Cleveland crime family, used Erie as a sideline. In a section of town called "Little Italy" in Erie, Ferritto was close friends with a local bookmaker Frank (Bolo) Dovishaw, said to be the most successful bookmaker in NW Pennsylvania.
This association between Ferritto and Dovishaw was beneficial until burglar Caesar Montevecchio hired Robert E darler of Medina Ohio to murder Dovishaw for the keys to a safety deposit box in 1983. It was believed Montevecchio was "free lance" and not associated with any mob family.
Last edited by untanglingwebs on Thu Oct 27, 2016 1:09 pm; edited 1 time in total |
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Thu Oct 27, 2016 4:29 am |
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untanglingwebs
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Erie Pennsylvania was a manufacturing town much like Flint. Little Italy was said to be a self contained ethnic neighborhood that contained every business needed to survive. Oddly Caesar Montevecchio, Doashaw, Ferritta, and the cop who solved the case all grew up here.
Feritta left Erie in the 60's and moved to Los Angeles while associated with the Licavali crime family in Cleveland. Ferritto was known as a hit man, but his most famous kill was in the 1970's when he killed the Irishman Danny Greene, who created a competition withe the cleveland mob over control of the union rackets. There was eight attempts to kill Green during the bitter and violent mob war that resulted in over 40 car bombings in Cleveland. The crime bosses, Jack (Jack White, Licavali and Angelo (Big Ange) Lonardo contracted Ferritto to kill Greene, which he did with a successful car bomb placed next to Greene's car.
A search warrant in Erie uncovered the registration papers for the car used in the bombing as well as a photo of green. After the arrest of Ferritta, Licavali issued a hit on Ferritta. When the hit became known, Ferritta became a government witness and testified in 1978 before moving to florida. Licavali, Ferrita, Lonardo, Carabbia and five others were indicted for the murder Ron . (the Crab) Carabbia of warren Ohio was originally out of Youngstown.
The crime family is still invested in unions and construction. The Mafia operates through corrupt politicians, judges and police. |
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Thu Oct 27, 2016 6:50 am |
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untanglingwebs
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Ferritto's friendship with Dovishaw resulted in Ferritto discovering the body of the executed numbers and sports betting ring leader. "Bolo" Dovashaw was a creature of habit. He maintained a crew of over 100 that worked numbers and sports bets. That January 3, 1983 evening was a monday and it was expected betting on the Cowboys versus the Vikings game would be a high volume night because Tony Dorsett was said to be hot.
Dovishaw collected the money from his numbers racket before he met Ferritto at a pizza restaurant for a meat ball sub.Ferritto ws dropped off at his house and Dovishaw went home by 6 pm to monitor the bets by phone, the only way Dovishaw allowed bets to be taken. He did not allow telephone answering machines, so when he did not answer the phone calls were transferred to members of his crew.
Ferritta called at 7 pm to see how the bets were going and received a crew member. Knowing the night was too important for Dovishaw, Ferritta went to investigate. Dovishaws home was still n his deceased mother's name. Ferritta found Dovishaw dead in the basement with his hands tied using belts from his mother's dresses still on a rack in the basement. Bolo had been killed execution style by a bullet behind the ear while on his knees. |
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Thu Oct 27, 2016 7:12 am |
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untanglingwebs
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During the 1970's the numbers in Erie usd the stock market to determine the number to be paid off on. The return was 5 to 1 and people scrape together money to play. The winning number was the last three digits of the next days stock market at closing.
In Flint during that time frame the numbers used a calculation based on the horse races. The tracks varied depending on the opening and closing of the various tracks.
It is difficult to find a connection to organized crime in Flint and references usually add Flint as merely a smoggy, working class side line to Detroit, based crime families . Even Saginaw had mafia associates based there.
However in 1977 the capo Tony (the exterminator) Ruggirello Jr. and his brother "Toto'
were captured by the feds for trying to use a car bomb to blow up Flint numbers runner David LaPonsey. LaPonsey survived a second attempt on his life while he was in police custody waiting to testify. |
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Thu Oct 27, 2016 7:29 am |
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Even many of the black number runners in Flint worked for the Lebanese, Assyrian, bosses, who were often tied to legitimate jobs. These bosses participated in private gambling clubs. However, their locations had to be known as members of the general public knew.
The feds once raided the home of Aonie Gilcreast and his wife Frances, in Genesee township. They collected money and number flash paper, but no drugs. There were allegation in the community that drugs had infiltrated into some of the number locations. No number spots were raided and no drugs found.
While I haven" found the actual documents (yet) there are several published reports that state the Executive director of the Saginaw valley Crime Commission listed genesee Township business owner Tom Joubran as a "person of interest" who puportedly was involved in "organized criminal activities" in Flint Michigan. This is part of the record in the 1980 United states Senate sub committee on organized crime. |
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Thu Oct 27, 2016 8:18 am |
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I was surprised when Tom Joubran expressed how close he felt to Eric Mays. Joubran helped Mays financially and sponsored a Comcast show so Mays could attack Joubran's nemesis Robert leonard and his foe Arthur busch. Leonard had prosecuted Joubran on a meat theft from Shorthorn Meats to sell in his store and Busch prosecuted Joubran on a weapons charge. Mays was angry that Leonard exposed his lobbying contracts with mostly Arab party store owners to obtain zoning changes and overcome objections to license renewals. Mays history of assaults, primarily on women also came out.
Maybe the women on council have a right to be afraid of Mays.
But it was disturbing to find out during the Shriner versus Flint Journal battle that Joubran may have been an FBI informant on other bar and store owners. But I guess if he had been a total innocent, he would not have been in a position or felt the need to inform on others. |
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Thu Oct 27, 2016 8:30 am |
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untanglingwebs
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Alleged mafia boss Jack Tocco, 16 leaders indicted by grand jury for ...
forensic-intelligence.org/mob/40062.htm
Metro March 15, 1996 ... Although investigators call them the "Detroit Mafia," only one lives in the city. ... Until this week's arrests, the Metro Detroit crime family had remained largely intact, with more than 100 associates and 29 "made members ...
Aging Leaders of Detroit Mafia Are Among 17 Indicted by U.S. - The ...
www.nytimes.com/1996/.../aging-leaders-of-detroit-mafia-are-a...
The New York Times
Mar 17, 1996 - By ROBYN MEREDITH MARCH 17, 1996 ... Attorney General Janet Reno said the Detroit arrests were part of a nationwide crackdown on the ...
It wasn't until 1996 that the connections between the Aladdin Casino, the Hoffa disappearance and the Leonard prosecution became clear. |
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Thu Oct 27, 2016 1:16 pm |
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Organized Crime Files, Forensic Intelligence Hub-Page; Jhéön & Associates, Stephen P. Dresch, Chairman
Metro March 15, 1996
Alleged mafia boss Jack Tocco, 16 leaders indicted by grand jury for extortion, obstruction of justice
By John Bebow and Ron French / The Detroit News
Calling it their biggest case since New York crime boss John Gotti, federal authorities on Thursday swept up 17 alleged Metro Detroit Mafia leaders, including reputed crime boss Jack William Tocco and most of his lieutenants.
"We believe we've driven a stake through the heart of La Cosa Nostra," said FBI agent Joseph Martinolich Jr., of the crackdown on organized crime.
The indictment is a who's who list of alleged organized crime figures in Michigan, and describes a 30-year legacy of sometimes-violent shakedowns of bookies, infiltration of Nevada casinos, murder plots and loan-sharking.
"You name it, we believe that the organized crime family here in Detroit tried to do it," Martinolich, special agent in charge of the FBI's Detroit office, said in announcing a 57-page indictment.
"It's the largest case (federal agencies) have worked since (the 1993 murder conviction of) John Gotti," said Sandy Palazzolo, spokeswoman for U.S. Attorney Saul Green. "We feel it is of national importance."
In the past 12 months, the heads of crime families in Boston, New Orleans, Chicago, Philadelphia, Cleveland, Newark and New York City have been indicted or convicted as part a national crackdown on La Cosa Nostra.
All of the people named in the local indictment were arrested, in Florida and Michigan, without incident and pleaded not guilty at their arraignments Thursday.
Although investigators call them the "Detroit Mafia," only one lives in the city. Those arrested include:
* Jack Tocco, 69, the retired former co-owner of Hazel Park Raceway. Authorities claim Tocco, a part-time Grosse Pointe Park resident, has been the boss of the Metro Detroit mob since 1979. "He is one of the most powerful Mafia dons on the streets of America," Martinolich said. Tocco was arrested Thursday in Florida.
* Anthony Joseph Zerilli, 68, alleged to be second in command of the Metro Detroit Mafia. He has owned an Italian restaurant and a food products company in Macomb County and was convicted in 1972 of conspiring to maintain a hidden interest in the Frontier Hotel and Casino in Las Vegas.
* Tony Giacalone, 77, of Clinton Township, a central figure in the disappearance of former Teamsters President Jimmy Hoffa.
* Vito William Giacalone, 73, of Clinton Township, who has been convicted of extortion, operating an illegal sports-betting ring and, in 1994, of tax evasion. He was released to a Detroit halfway house last week to complete his three-year prison sentence.
* Two other "capos," or mid-level mob managers, and 10 other Mafia associates.
The cases were built with electronic surveillance and Mafia informants.
Until this week's arrests, the Metro Detroit crime family had remained largely intact, with more than 100 associates and 29 "made members," or those who took an oath of allegiance through blood letting.
"We have weakened them, but by no means have we killed them," said Rick Mosquera, head of the FBI's organized-crime division.
But William Bufalino II, who represented several of the accused at their court hearings, said: "Over the years, (federal authorities) have weaved a web of infamy about these individuals. Now they've accumulated all these allegations, and it amounts to a bunch of muck and they hope some of it sticks.
"This is 57 pages of baloney," Bufalino said of the indictment. "These people are all respectable, upstanding citizens. Some are school kids, some are businessmen, some are retirees."
The 25-count indictment includes a sweeping list of conspiracy charges dating back to the 1960s. Specifically, it claimed that the local La Cosa Nostra previously had hidden ownership in three Nevada casinos -- the Frontier and Aladdin in Las Vegas and the Edgewater in Laughlin. Mosquera said authorities had no evidence of current casino infiltration.
The casino allegations were included in the indictment to illustrate "the general ways in which they generated income over the 30 years," said Keith Corbett, head of the U.S. Justice Department's Organized Crime Strike Force in Detroit.
In recent years, the Metro Detroit Mafia has focused on loan-sharking and extortion of area bookies and illegal lottery operators, the indictment alleged.
Those targeted for extortion were "individuals unlikely to complain to the authorities because they themselves were engaged in conducting unlawful sports bookmaking and operating illegal (numbers) lotteries," the indictment said.
Federal officials said the mob collected thousands of dollars a week in protection money from an unknown number of bookies and numbers runners operating in party stores and elsewhere.
"They were asking for a sizable chunk of change every week," Corbett said.
When the operators of the lucrative, but illegal, gambling operations refused to pay the protection money, the Mafia leaders "would discuss, plan and commit acts of violence to induce the targeted sports bookmakers and illegal (numbers) lottery operators to pay," the indictment said.
Court papers listed several specific cases of alleged extortion of bookies and numbers runners.
For example, two of the defendants, Nove Tocco and Paul Corrado, shot up Airtime Communications, a Detroit business run by a man named Ramzi Yaldoo, after Yaldoo failed to pay protection money for a numbers game he was operating, the indictment says. Corrado and Nove Tocco also devised a plan to bomb Yaldoo's office, but did not carry it out, the indictment alleged.
Yaldoo refused to comment.
In another instance, Mafia members planned to kill Harry "Taco" Bowman, himself an alleged mob associate, for interfering with illegal gambling activities in Detroit. The plan was not carried out.
Bowman, 46, has been twice sentenced on weapons charges to Jackson State Prison. He headed the Detroit chapter of a motorcycle gang called the Outlaws in the 1970s, and was its national association president in 1986, according to federal documents.
Bowman could not be reached for comment.
The indictment also charges two alleged mob figures, Anthony Joseph Corrado and his son, Paul, with obtaining secret grand jury evidence from former federal attorney Theodore Forman.
The documents were part of an income-tax evasion investigation of Vito "Billy Jack" Giacalone. Forman was charged with a similar offense in 1993. He was convicted of contempt of court, but the conviction was overturned on appeal.
In another case cited in the indictment, Mafia members demanded "insurance payments" from Saginaw businessman Harold Stern to "insure the safety of Stern and his family."
Notably missing from the Thursday's charges is any sign of actual bloodshed.
"We have questions about how a couple of people may have died, but if we could have solved actual murders, that information would have been in the indictment," Corbett said.
Bufalino charged that many of the allegations in the indictment came from party store owners whom federal authorities caught running illegal bookmaking and numbers games and evading taxes.
"They've all been given immunity and whitewashed of their own criminal acts," Bufalino said. "They would say anything to avoid prosecution."
Federal officials would not confirm or deny that witnesses had been offered immunity.
Bufalino claimed federal grandstanding, but federal authorities said their five-year investigation was meticulously detailed.
The investigation encompassed thousands of work hours, included more than 30 warrants for electronic surveillance and was helped by informants inside the Mafia, investigators said. About 100 witnesses testified before a grand jury, which worked on the case for 18 months.
The defendants arraigned Thursday in Detroit, most of whom are facing at least 20 years in prison if convicted, appeared unconcerned in court. Several yawned during the proceedings, and one, Norman Bagdasarian, appeared to fall asleep.
All were released on bonds ranging from $10,000 to $100,000. Most were ordered to remain in the three-county metropolitan area, with the exception of a few who have winter homes in Arizona or Florida.
By 3:30 p.m., the alleged mobsters were heading home.
"I'm just here to pay a parking ticket," Bagdasarian joked as he left the federal courthouse. Others declined comment.
It could be a year or more before the cases come to trial. These would be the first Metro Detroit Mafia cases since federal authorities brought 80 counts against 14 people in the Wolverine Golf Club gambling case of 1993. No one was convicted.
With the Wolverine case in mind, some federal agents remained tight-lipped when asked about their chances of success in court this time.
"We'll wait to pop the cork on the champagne bottle until a jury agrees with us," Corbett said.
Detroit News Staff Writers Gary Heinlein, Doug Durfee, Judy DeHaven, Charles Hurt, Melinda Wilson, Jeffrey Savitskie and Brian Harmon contributed to this report. The Washington Post also contributed. |
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Thu Oct 27, 2016 1:19 pm |
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untanglingwebs
El Supremo
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Aging Leaders of Detroit Mafia Are Among 17 Indicted by U.S.
By ROBYN MEREDITHMARCH 17, 1996
A criminal epoch came to an end this week when the aging leaders of the Mafia in Detroit were arrested and indicted on Federal charges that they had carried out a campaign of terror for the last three decades by plotting murders, arsons and beatings.
Jack William Tocco, 69, the reputed Mafia boss here, was among the 17 reputed leaders and associates who were indicted on Thursday, all but one arrested on the same day in the Detroit area and in Florida.
The men were charged with running illegal lotteries, loansharking, taking secret financial stakes in Las Vegas casinos in the 1960's and 1970's, extorting money from local businesses and obstructing justice.
"I don't think it is the end of Detroit organized crime, but it is the end of this era," said Howard Abadinsky, an expert on the Mafia and a professor of criminal justice at St. Xavier University in Chicago.
The arrests have also raised hopes about solving the mystery surrounding James R. (Jimmy) Hoffa, the former Teamsters leader who disappeared on July 30, 1975, from the parking lot of the Machus Red Fox restaurant in the Detroit suburb of Bloomfield Township.
But Rick Mosquera, chief of the organized-crime section of the Federal Bureau of Investigation, said at a news conference in Washington that Mr. Hoffa's disappearance was still under investigation and that indictments were a separate matter.
In all, here and in Florida, 16 men pleaded not guilty and posted bail ranging from $10,000 to $250,000. One defendant, John Batista Sciarrotta, 39, has not yet entered a plea because he is in the Wayne County Jail on a separate matter, said Sandy Palazzolo, a spokeswoman for the United States Attorney's Office here.
Mr. Tocco is accused of heading the Detroit Mafia after succeeding Joseph Zerilli, who died in 1979. Among the others indicted were Tony Giacalone, 77, who was said to have arranged a meeting at the Red Fox restaurant for Mr. Hoffa on the day he disappeared, Professor Abadinsky said, adding that the current investigation "is liable to turn something up" in the case.
In addition to Mr. Giacalone, the other reputed captains indicted by a Federal grand jury in Detroit were his brother, Vito, 73; Mr. Tocco's brother Anthony Joseph, 65; Anthony Joseph Corrado, 60; and Anthony Joseph Zerilli, 68, son of Joseph Zerilli and a cousin of Mr. Tocco.
William E. Bufalino, a Detroit lawyer who represents five of the defendants, said on Friday, "I am certain that once these individuals are given their day in court they will be vindicated of these charges." A lawyer for two other defendants declined to comment, and lawyers for the rest could not be reached for comment this week.
Mr. Hoffa's son, James P. Hoffa, who is campaigning for president of the teamsters' union, has printed campaign ads that read, "The mob killed my father." But reached by telephone on Thursday, Mr. Hoffa declined to comment on the charges against the Detroit Mafia or to say whether he believed that the Detroit Mafia had killed his father.
Attorney General Janet Reno said the Detroit arrests were part of a nationwide crackdown on the Mafia.
"Elsewhere in the past 12 months the heads of organized-crime families have also been indicted or convicted on Federal racketeering charges in Boston, New Orleans, Chicago, Philadelphia, Cleveland, Newark and New York City," Ms. Reno said at the news conference.
In the words of Professor Abadinsky, "It is the end of an era."
The Machus Red Fox restaurant, where Mr. Hoffa was last seen nearly 21 years ago, was closed last month after losing its lease. |
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Thu Oct 27, 2016 1:25 pm |
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untanglingwebs
El Supremo
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Gangster Report revealed hoe the only piece of physical evidence in the Hoffa disappearance ia a burgundy 1975 Mercury marquis Brougham that has resided in the basement of the Detroit FBI headquarters since 1975. Anthony (Tony Jack) Giacalone was a prime suspect in the organizing of the disappearance and the car belonged to his son, Joseph (Joey Jack) Giacalone. Joey jack was 23 years old at the time when he lent his car to Hoffa surrogate son, Chuckie O'Brien. A friend of the Giacalone family, O'Brien's mother was said to have been romantically involved with both Tony Jack and Hoffa during his childhood.
The reports indicate O'Brien got the car about noon and delivered a giant freshwater salmon, a gift from a Seattle teamster, to the Novi home of Teamster executive Bobby Holmes. Tony Jack was at the Southfield Athletic club when O'Brien met with him at 2:15 pm, the time Tony Jack was to meet with Hoffa at the machus Red Fox, 5 miles away. |
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Thu Oct 27, 2016 3:42 pm |
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untanglingwebs
El Supremo
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Hoffa was said to have waited in the parking lo of the Red Fox for his meeting with Tony Jack and Anthony (Tony Pro) Provenzono, a New Jersey mafia figure and a Hofa teamster rival. Tony Pro was a a first cousin to the wife of Tony Jack. Neither made the meeting . Witnesses told investigators that Hoffa was seen being picked up by three men in the parking lot.
When the car was identified,it was seized as evidence. Police dogs identified Hoffa's scent in the trunk and hair found in the trunk was identified through DNA analysis as belonging to Hoffa.
This case has yet to be solved. Questions revolve around whether Chuckie o'Brien was the driver and he drove Hoffa to the kill site or was this a "middling" a vehicle drop off to a Giacalone or to an assasin squad.
The federal government failed in their efforts to prosecute Giacalone for the Hoffa case. They were able to prosecute him for income tax evasion in 1976 and then for extortion in 1978. Giacalone spent 10 years in prison on the tax conviction.
Mob boss Joseph Zerilli was found guilty of extortion in 1977 and was the lead suspect in the Saginaw area racketeering case. |
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Thu Oct 27, 2016 4:25 pm |
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