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August 23, 2010: Prosecutors need more time:
Brooklyn federal prosecutors said they need three weeks more to reply to a request by Vincent Basciano
for information in government files about self-described government informant Jospeh Barone. There is just
so much that Basciano wants that it will take that much longer to dig out and search, prosecutors said in a letter to Judge
Nicholas Garaufis. Not clear if Basciano will go along with the request but it is up to Garaufis. Basciano
said he is fighting a death penalty case and needs all the information that may be relevant.
August
18, 2010: Barone reached out to "hit list" judge: The upcoming death penalty case of Vincent
Basciano, featured in King of Godfathers in Chapter 28, is getting a bit melodramatic and interesting
again. In recent court filings it has been revealed that Joseph Barone, a self described Bonanno
and Gambino associate who recently escaped a racketeering conviction, wrote Judge Nicholas Garaufis,
the judge handling Basciano's case. In his letter dated January 31, 2010, Barone said that it was he, working undercover inside
the Bonanno family, who prevented a number of murders. Barone didn't tell Garaufis which murders were prevented but his lawyers
said in different federal court filings that Barone provided the FBI with info about the alleged attempt by Basciano to assassinate
Garaufis and prosecutor Greg Andres. That alleged plot involves the so-called "hit list" which Basciano said was
merely a Santeria spell list. Barone's letter to Garaufis asked him to help him with the treatment he was getting in
jail. (Barone's attorney at one point wanted to subpoena Garaufis for the recently completed trial in Manhattan federal court).
Barone also wrote that his former girl friend is the star witness against Basciano but didn't mention any name.
Having learned of Barone's correspondence with Garaufis and Barone's claim about the assassination plot, Basciano's
attorney Robert Goltzer and others on the defense team asked for any all government records about Barone.
Such information "is critical to counsel's preparation for Basciano's upcoming capital trial," said Goltzer to Garaufis
in a letter last week. The defense has to have the material to investigate potential aggravating factors that could lead to
a potential death sentence, said Goltzer. On August 13, Garaufis publically filed the letter sent to him by Barone.
August 2, 2010: Vinny Gorgeous wants the skinny on Joseph Barone: Vincent Basciano,
as part of his defense to the upcoming death penalty trial, is asking for any information on reputed Genovese crime family associate
Joseph S. Barone, who last week got a mistrial and acquittal in a Manhattan federal trial. Seems
as though Barone had been a self described informant for the feds for about 18 years, giving info to various branches of the
government. As a result, Barone invoked a unique "public authority" defense, which essentially holds that he was
acting as an agent of the government and hence couldn't commit crimes. The government said he Barone was acting on his own
since 2006 and wasn't a government agent since that time. In any case, the column "Gangland News"
disclosed last week that it was Barone who tipped off the FBI to the alleged hit list Basciano prepared
in jail, which contained the names of Judge Nicholas Garaufis and prosecutor Greg Andres.
The true nature of this list is still unclear. Basciano maintains it was made as a part of a Santeria ritual. Garaufis, in
an earlier written opinion, has suggested it was concocted as a red herring to have another judge hear the case. Because
Barone knew Basciano's old friend Dominick Cicale--also a goverment witness--Basciano's attorney filed a
letter on July 27, 2010 to ask that the government turn over any documents in which Barone discussed Cicale and his crimes.
July 19, 2010: Basciano trial not until 2011--if then: The death penalty trial of Vincent
Basciano won't begin before February 2011 at the earliest. Judge Nicholas Garaufis has ordered that potential juror questionnaires
be ready for February 2011. It is still up in the air if there 1) will be a death penalty phase since Garaufis has asked the
Department of Justice to reconsider seeking capital punishsment and 2) if the death penalty should go away, whether there
would be the need for a trial if the case is amenable to a plea bargain. Basciano is alreay serving a life term from
an earlier federal conviction. Stay tuned.
July 17. 2010: Bruno Indelicato wants out: Anthony
"Bruno" Indelicato, the son of the murdered capo Alphonse Indelicato, is trying to get
out of a 20 year prison term. Court papers filed in Brooklyn federal court show that Indelicato has filed a habeus
corpus motion, alleging that despite his guilty plea in 2008 that the government failed to disclose a letter which
contained allegations against Dominick Cicale, the turncoat. Because he wasn't aware of the letter,
Indelicato, said he made an unintelligent and involuntary decision to plead guilty to the conspiracy to murder Frank
Santoro, the papers stated. The allegations about Cicale, who was a key witness in the case which led to the
conviction of capo Vincent Basciano, apparently involve claims he tried to fabricate allegations of
a murder plot. Indelicato gained notoriety when his father died in the infamous 1981 Three Captains murders during a
battle for control of the Bonanno family, detailed in King of The Godfathers. The younger Indelicato
had a reputation for being uncontrollable and out to avenge his father's death, according to undercover FBI agent
Joseph Pistone. It was Pistone who remembered that Sonny Black Napolitano told him that
if he found Indelicato in Florida to kill him. (Pistone never tried that).
Bruno ventually
came back into the crime family fold and was close to Basciano. According to court testimony in Basciano's trial, Indelicato
was involved in the Santoro hit in the Bronx. Prosecutors filed court papers deriding Indelicato's motion, saying the information
about Cicale was widely known and that Indelicato knowingly and voluntarily plead guilty. A decision is pending.
July
11, 2010 Anthony Urso's saga: In a little noticed letter he wrote in 2005 just before sentencing, former
Bonanno acting boss Anthony "Tony Green" Urso, related how he thought turncoat underboss Sal
Vitale, Joseph Massino's brother-in-law, got him involved in racketeering action so that if
he refused Vitale could justify killing him. As Urso explained it, Vitale was jealous of him because had a
close relationship with Massino. "Vitale was my biggest enemy within the family, so much so that on several occasions
(sic) he (Vitale) attempted to have me killed by bringing false accusations against me. These accusations were dismissed as
ridiculous by Massino because he knew of the jealousy on Vitale's part and he knew that I was a loyal friend to him."
Urso was Massino's driver. Because he is dyslexic and can't read or write, Urso had someone else write the letter to Judge
Nicholas Garaufis in the hopes of getting a sentence less than 240 months, something Urso felt was a death sentence
at his age. "While I am not the shooter in this case, nor any other case for that matter, I still battle with my demons
over this young man's death," said Urso in the letter, an apparent reference to the Vitale-ordered slaying of
the son of Anthony "Boots" Tomasulo. Vitale told the FBI in his debriefings that Urso had
the victim follow him by car to a location where others did the killing. Massino didn't order the slaying, which was done
because the younger Tomasulo was causing problems for the Bonanno gambling interests, according to Vitale. Urso plead guilty
in 2005 to one count of racketeering conspiracy and despite his letter was sentenced to 240 months. He is now 74 years old
and in Elkton FCI.
June 20, 2010: Department of Justice reviews Basciano case.
Following requests by Judge Nicholas Garaufis and defense counsel, Department of Justice officials are reviewing
the death penalty charges against Vincent Basciano. In a letter dated June 2nd, Margaret Griffey,
chief of the capital case unit at DOJ, said the department was reviewing the requests to squash the death-eligible counts.
The decision will ultimately by made by Attorney General Eric Holder. Garaufis wrote earlier that the
death penalty prosecution is a waste of time and money, given the fact that Basciano is already under a life sentence for
an earlier conviction. The defense believes the death penalty is wrong to bring. Basciano faces a death count in his upcoming
trial for the murder of Randolph Pizzolo, a Bonanno associate. The case is noted in "King of The
Godfathers" trade paper back version in chapter 28.
June 08,2010: Vinnie wants help of
a "writer" to get accross some points. In a letter to Judge Nicholas Garaufis, Vinnie Basciano
asked for the appointment of a writer, which in this case means a lawyer who can handle motions about the "hit list"
issue. Vinnie thinks that his current assigned counsel, George Goltzer, is too busy to write such motions.
One thing the defense appears to have uncovered is that there are numerous grand jury witnesses who may have exculpatory evidence
for Vinnie's case. But in a letter to the court, government attorneys lead by John Buretta said that Goltzer
(although they didn't use his name) is a "very experienced, capable and effective federal practitioner and skilled writer"
and has pursued alot of Basciano's defenses. So there is no merit to the claim that Basciano's current assigned counsel can't
make appropriate motions, the prosecution contends. Judge Garaufis will decide.
May 14,
2010: Judge Goes To Bat For Vinnie Gorgeous.The judge hearing the death penalty case against Vincent
Basciano wants the government to drop capital punishment as an option. In a letter to Attorney General
Eric Holder, Brooklyn federal judge Nicholas Garaufis asked the government to reconsider seeking
death penalty in the case against the Bronx Bonanno capo. While the charges against Basciano are serious--murder and
solicitation to murder--Garaufis thinks the fact that he is already under a life sentence without parole is a strong argument
against the need for the death penalty if he were convicted. "To date, Basciano's defense has required the expenditure
of over $ 3 million of public funds," said Garaufis. A prosecution and possible death penalty will only increase
those costs, said Garaufis. "Current circumstances require a candid reappraisal of whether the resources
necessary for a death penalty should be devoted to this case," he wrote.
This isn't
the first time Garaufis has held his nose on a death penalty case. He voiced skepticism on capital punishment
when former Bonanno boss Joseph Massino faced the death penalty in late 2004. But then Massino became a cooperator
and the government took the death penalty off the table.
April 28, 2010: Vincent Basciano
lost out on an attempt to keep court filings about his visits with family and telephone calls secret. Judge Nicholas
Garaufis said that documents filed by Basciano to get additional visiting time with his family, as well as his minor
son Anthony, should be kept on the public docket. Garaufis said that Basciano's submissions were not only
judicial documents of the type traditionally made public but that the privacy interest of Anthony (the court didn't name
him) weren't "sufficiently compelling reason to justify withholding judicial documents from public disclosure."
Garaufis is allowing Basciano and prosecutors three weeks to go over earlier submissions to see if their is anything
they want to redact from the pages. From now on everything will be filed in the open, said the court.
April 13, 2010: The sentencing of Vincent Rossetti, husband of Yvonne
of Howard Beach fame, was postponed from April until September 2010, federal officials said. No explanation was given
but it is likely that such delays are because of extra time needed to prepare the probation report. Vincent has admitted
in court testimony to conducting securities fraud and other scams as an associate of the Bonanno crime family. He testified
as a government witness against reputed Gambino soldier Charles Carneglia last year and is no doubt expecting
some consideration from Judge Raymond Dearie on sentencing for that. His wife Yvonne plead guilty last year
in Brooklyn federal court and received probation for her role in a real estate fraud scheme and for fraudulent medical billing.
It was Yvonne who was allegedly the victim in a Bonanno extortion scheme aimed at getting some of that money back.
March 23, 2010: A trial for
Vincent Basciano on his death penalty case
which is described in "King of The Godfathers" chapter 28 is closer to reality after a U.S.Court of Appeals for
the Second Circuit ruling this day A three judge panel ruled partly for and against the Bonanno capo. The court denied
his attempt to get murder conspiracy charges thrown out, including the capital offense of the murder of
Randolph Pizzolo
and the alleged plot to have prosecutor
Greg Andres killed. But the judges said the government's substantive
racketeering charge in the latest indictment amounted to double jeopardy and ordered it thrown out. The court said it appeared
that the latest racketeering conspiracy charge was very similar to a conspiracy for which Basciano was already convicted a
couple of years ago. That amounted to double jeopardy, the court said as it sent the case back to
Judge Nicholas Garaufis,
who has to think about a trial date for the death penalty case. The government is weighing its options.
March 20, 2010: There is still no trial date for Vincent Basciano. The
U.S. Court of Appeals has to rule on various issues in his case and until it does so there is no way for Brooklyn
Judge Nicholas Garaufis to set up a time for trial in the death penalty case. Basciano has a couple
of intriguing issues on appeal, one being whether the current indictment doesn't violate the Double Jeopardy rule. Some
legal sources think that part of the appeal could go Basciano's way, forcing the government to either drop the case or come
up with a new indictment.
January 28, 2010: The scheduled
sentencing of Vincent Rossetti, originally set for January 29, will likely be postponed until April. In a
letter to Brooklyn federal judge Ray Dearie, prosecutor Patricia Notopolous and defense
attorney Stuart Grossman asked for an adjournment until April 8 so they can finish their sentencing submissions.
Rossetti is the husband of Yvonne, the controversial Howard Beach housewife whose exploits are
portrayed in "King of The Godfathers" as leading to an indictment of some reputed Bonanno crime family bigs for
an alleged extortion. Her husband testified at the 2009 trial of reputed Gambino soldier Charles Carneglia,
telling the jury about circumstances surrounding the stabbing of Sal Puma, for which Carneglia was convicted.
On the stand Vincent Rossetti testified about his own criminal past, including securities and mortgage fraud. His
wife Yvonne was sentenced earlier to probation for her own fraud charge.
January 17,
2010: Did A Potential Juror Try to Meddle With Massino's Case?: Buried within an old filing in a Bonanno crime family
federal case is the intriguing allegation that a potential juror in Joe Massino's case may have been up to
no-good. In a memorandum filed in January 2006 in a related crime family case, Brooklyn federal prosecutors alleged
that an informant told investigators that a person in the jury pool of Massino's case 'reached out' for a member of the
Bonanno crime family. The alleged reach out was to a relative of then reputed Bonanno crime family underboss
Joseph Cammarano, papers filed in Brooklyn federal court stated. There was no indication in the filings that
Massino or his defense team, or Cammarano for that matter, knew of the situation. "This apparent effort to tamper
with the jury was thwarted however, because the individual in the jury pool was not ultimately selected to the petit jury,"
prosecutors stated in their filings. Massino's trial is extensively detailed in "King of The Godfathers," and the
hardcover version "The Last Godfather." Massino was convicted, sentenced to life in prison and is now a cooperating
witness himself.
January 07, 2010: Montreal, Canada, has been abuzz in recent days
with news of the murder of Nick Rizzuto, the 42 year-old son of Bonanno mobster Vito Rizzuto.
The younger Rizzuto was shot dead in broad daylight on a street. It remained unclear why he was murdered, although police
have been quoted as speculating about possible Rizzuto crime family feuds with street gangs. The elder Rizzuto appears
in Chapter 25 in "King of The Godfathers" for his role in the slaying in May 1981 of The Three Captains--Dominick
Trinchera, Philip Giaccone and Alphonse Indelicato--in a battle for control of the Bonanno
family. Rizzuto plead guilty in 2007 to involvement in the three killings and is serving a ten year sentence.
Nick Rizzuto was described in "The Sixth Family" as allegedly being tied to cocaine dealings in Canada.
January 01, 2010: Vincent Basciano was granted the privilege by a federal judge of
having expanded visits at the federal jail where he is being held in Brooklyn pending his death penalty trial. Judge
Nicholas Garaufis, as reported in the Daily News, is allowing Basciano to have visits from his ex-wife Angela and some
of the former couple's children, as well as visits with his youngest son, Anthony, and the child's
mother Debra Kalb. The visits will naturally be on separate occassions. Basciano was in court Thursday,
December 31, for a hearing on his visitation schedule and sources in the courtroom said he looked trim and in good spirits.
Basciano actually had a visit, in a secure area of the Brooklyn courthouse, with his son Anthony right after the court hearing. Federal
marshals supervised the son's visit. It was unclear if it was a "contact" visit with the son, as Basciano had wanted.
December 26, 2009: VINCENT BASCIANO SPEAKS: Well, sort of. In a letter to a document to
a Brooklyn federal judge, Bonanno captain Vincent Basciano vigorously denied that a list of names
he wrote a few years ago in jail was a "hit list" as the government claims. The list was discussed in King
of The Godfathers on page 307 and relates to Basciano's upcoming federal trial. In his declaration sent to the court,
Basciano said he never intended the list to be used to hurt anyone or to use as a way of getting the judge in case, Nicholas Garaufis,
recused. (Garaufis's name was one of five on the list, as is that of prosecutor Greg Andres). "I never intended to harm
or cause harm to come to anyone named on any alleged 'hit list,'" said Basciano. Instead "As I have previously
indicated, lists of names were to be used as a "santeria' list only, as part of a religious ceremony," he said.
Basciano also said if there is ever a hearing about the list that he would take the stand and testify about how the list came
about. As noted in the book, Basciano has said the list was for Santeria, to get good karma at his 2007 retrial.
It is unclear if the government will try to use the list at Basciano's still to be scheduled capital trial, which
may occur in 2010.
December 18, 2009: Lawyers for Vincent Basciano
have asked the court to permit him increased visits at the Brooklyn MDC. In a letter to Judge Nicholas
Garaufis, Basciano's lawyers are asking that he be allowed a visit with the mother of his youngest son Anthony every
other week and that his family be allowed visits on alternate weeks. As an alternate, it was also suggested that
he have a visit for two hours with the child's mother, Debra Kalb, once a month. Basciano’s
visits with his family are critical to the development of Basciano’s mitigation case, if there is ever consideration
for the death penalty in his upcoming trial, noted in "King Of The Godfathers." Specifically, Basciano’s
ability to parent from prison is mitigation that a jury would be permitted to consider in deciding whether to impose the death
penalty, the lawyers noted. Garaufis has yet to announce a ruling.
December 11, 2009:
Yvonne Rossetti's travails seem to be a big draw for readers, including those of "King Of The Godfathers."
As published recently in Newsday, the 40-something mom formerly of Howard Beach was sentenced for a real estate and medical
billing fraud to five years probation. She was teary eyed as she apologized and her attorney reported to the court that
she suffered from MS. But angry relatives, who claimed they loaned her money for what they thought was her older daughter's
medical issues, weren't happy. One relative told Newsday Rossetti's emotion was "crocodile tears." They also
didn't appreciate seeing Rossetti in pictures taken on a cruise ship to celebrate the birthday of one of her younger daughters.
It seems that Rossetti is still cooperating with the government. When her sentencing was finished she didn't walk out the
front but was lead out the back door of the courtroom by some federal marshals. Earlier in the year, when she was pleading
guilty, she was seen hanging out in the lobby of the Brooklyn federal courthouse with an agent.
December
04, 2009: As reported on Newsday.com on December 2, Yvonne Rossetti, the Howard Beach mom who plead
guilty to running her own little scams, was sentenced to five years probation and ordered to pay back $603,000 in restitution
in Brooklyn federal court. Judge Raymond Dearie was apparently taken by the fact that Rossetti was the
sole caregiver of her crippled elder daughter, Jessica, so he seems to have cut her some slack. Rossetti
and her husband Vincent are featured in Chapter 28 of the trade paperback version of "King of The Godfathers,"
which described how she is alleged to have bilked people in a real estate scheme and then became targeted for a shakedown
when she couldn't pay back a $100,000 investment. She plead guilty in February to the real estate scheme and also to a $100,000
medical billing scam. She could have got up to 47 months in jail. Prosecutor Patricia Notopolous told the
court how Rossetti ,43,used the sympathy elicited by her daughter's illness to convince people, including relatives, to give
her money. Some of the relatives were in court and later said they never got the money back. Rossetti cried and said
she was sorry. She was escorted out the back door by federal agents, a sign that she might still be cooperating. She
was allegedly the object of a Bonanno shakedown attempt in a case which led to over 12 crime family associates and reputed
members getting indicted. Among them was Nicholas Santora. But Santora never admitted when he pled
in the case to extorting Rossetti. He recently got out of prison.
December 1, 2009: Any
reader of King of The Godfathers will recall in Chapter 28 the saga of the Rossetti family. Yvonne Rossetti,
a Howard Beach housewife, was ultimately convicted by guilty plea in 2009 of cheating real estate investors. Her husband Vincent,
plead guilty to various federal charges and gave evidence, as did his wife, against some big Bonanno street bosses and
reputed loansharks. Vincent also testified in the racketeering trial of Gambino soldier Charles Carneglia.
Well, December 2 at 11:30 a.m. may find Yvonne in court for her sentencing in front of Brooklyn federal judge Raymond
Dearie, according to people briefed on the matter. She faces several years in prison but is likely hoping that her
cooperation in the same case as her husband will get her a sharply reduced sentence. Stay tuned.
November
18, 2009: The Vincent Basciano case could have an interesting turn, some legal sources have said. The sources,
none of whom wanted to be identified, believed there was a chance that the U.S. Court of Appeals for The Second Circuit could
reverse a lower court ruling that the current racketeering indictment against him didn't violate the Double Jeopardy rule.
The sources based that view on the questions asked by the appellate panel. As explained in Chapter 28 of "King Of The
Godfathers," Basciano was convicted in 2007 of various rackets charges. If the appeals court rules that way, the indictment
would have to be redrafted, causing delay in the trial date which is tentatively set for February. However, it is sometimes
a fool's errand to predict what any group of three judges on an appeals court will rule. If they sustain the lower court,
the death penalty case could go to trial in February.
November 9, 2009: After Dominick
Cicale testified in the case of John A. Gotti Jr., Vincent Basciano's lawyers are asking
the government to turnover docuemnts which show the movement of Basciano and Gotti when they were both lodged at the Metropolitan
Correction Center. This was the period in "King of The Godfather's "when Basciano in Chapter 28 has been
arrested but before he went into solitary. Cicale testified that Basciano had a conversation with Gotti and related
that the Gambino mobster said "that with the current times and all the government informants, all the wiretaps, that
is is foolish for us not to admit that organized crime exists." Cicale testified further that Gotti told Basciano
he was going to argue that he had no part of organized crime and that Joey D'Angelo would testify Gotti had quit the
life. The government is trying to show that Gotti's defense is a ruse.
October 30, 2009:
The matter of Dominick Cicale again crops up in the Basciano case. The government submitted
a letter to Judge Nicholas Garaufis asking that certain Bureau of Prison documents dealing with the Cicale
false murder plot investigation be redacted to take out the names of individuals held in a witness security unit
and also information about the unit. The government is being real sensitive about the witnesses and the WITSEC unit,
asking that any filings of the Bureau of Prisons with the Court of Appeals, where Basciano's case was recently argued, also
be kept under seal and that only initials be used todenote inmates. The false murder plot is referred to
Cat page 310 of the trade paperback version of "King of The Godfathers" and deals with allegations
that Cicale asked another inmate in a federal jail to tell guards that Basciano wanted Cicale killed in the jail.
October 26, 2009: Expect Dominick Cicale, the turncoat in the case of Vincent
Basciano, to make an appearance in the case against John Gotti Jr., perhaps as early as this coming
week. Cicale is expected to testify about a purported conversation Basciano had with Gotti about the withdrawal defense, which
is a key part of Gotti's defense strategy. Cicale didn't hear the conversation, but would just report about what he claims
Basciano told him. Basciano and Cicale were confined in the same federal lockup for a time in around 2004. Cicale figures
in Chapter 28 of "King Of The Godfathers."
Also the sentencing for Yvonne
Rossetti, the Howard Beach housewife involved in the 2008 Bonanno case as a witness, is expected to take place
possibly on December 2, so we hear. She plead guilty earlier this year in Brooklyn federal court to cheating some
investors. See below posting on the case of her husband Vincent.
October 13, 2009: The
sentencing of Vincent Rossetti, who figures into Chapter 28 of "King Of The Godfathers," has been rescheduled
from early November until January 26, 2010. No reason was given in the sentencing order put out by Judge Raymond Dearie.
"King Of The Godfather" readers will recall the antics of Rossetti and his wife Yvonne when they lived in Howard
Beach. An earlier posting in September describes the Rossettis plight.
October 08, 2009:
Any reader of "King of The Godfathers" knows how Joseph Massino became a government informant,
implicated Vincent Basciano in various crimes, some of which may get him the death penalty. That is
all spelled out in Chapters 27 and 28. Well, it looks like Massino left some tracks in the latest Bonanno crime family case
in Brooklyn federal court. A detention memo filed by prosecutors in the case against reputed captain Joseph Sammartino
and others indicates that Massino apparently was the cooperating witness mentioned in the memo as "CW#1."
The tipoff is found in phrases in the memo like CW#1 "presided over the ceremony" in which one of the defendants
was inducted into the Bonanno family in early 2000s, a time when Massino was boss and still very much on the street (He wasn't
arrested until January 2003). Of course, Massino has been giving information as a cooperator every since July 2004, when
he was convicted so anything he may now be doing in the new case is really not a stunning surprise or big news.
The memo also makes clear that the feds have wiretaps, bugs and other witnesses giving them more up-to-date info on the defendants.
September 29, 2009: Vincent Rossetti, the Howard Beach dad who prosecutors said played ball
with the mob, is scheduled to be sentenced on November 7, 2009 by Judge Ray Dearie in Brooklyn federal
court. As readers of King of The Godfathers know, Rossetti and his fashionable wife Yvonne, became central
figures in a Bonanno extortion case. Both Rossettis cooperated with law enforcement. But it turned out that Vincent had alot
of problems, not the least of which was a guilty plea to a federal information in which he admitted to his part in a racketeering
conspiracy, court records show. That plea took place in December 2006. Rossetti admitted to the conspiracy count, involving
securities fraud and extortion, court records show. In addition the information accused him of a count of health care fraud.
The information doesn't explain the latter but the charge sounds similar to what his wife plead to earlier this year in the
same courthouse. Vincent testified for the government in the trial of Gambino soldier Charles Carneglia and
said the government would write him a 5k-1 letter, bringing to Dearie's attention his cooperation. What Dearie will do at
sentencing is anyone's guess. Yvonne may be sentenced in October.
September 21, 2009:
The federal Court of Appeals for the Second Circuit has scheduled arguments for October 27th on Basciano's appeal on
his earlier case and how it might interfere with the upcoming trial. The appeal is why the upcoming case isn't expected to
start until early 2010. Gearing up for that trial, Basciano's lawyers are still pressing to get witness immunity for
one Danny Reyes. In court papers, Basciano's lawyers insist Reyes can verify that Basciano's so-called hit
list was only a Santeria list. The defense also claims Reyes can buttress the defense that it was Joseph
Massino, and not Basciano, who came up with idea to try and kill prosecutor Greg Andres, who was
never harmed. The defense said in its filings that cooperating witness "Richard Berte" who
was housed in the federal Manhattan detention center indicated that it was Massino's original idea to kill Andres. All
of this is spelled out in Chapter 28 of "King of The Godfathers."
September 11,
2009: Gino Galestro, who was sentenced to 20 years in prison earlier in the week for orchestrating the murder of Robert
McKelvey in early 2005 on Staten Island, was dumped on by former boss Joseph Massino and Vincent Basciano, court records
show. Galestro, a reputed Bonanno member, was convicted for his role in the murder and despite pleas for leniency got
his with a 240 month term by Brooklyn federal judge Allyne Ross. Readers of "King of The Godfathers" know that Massino
taped some conversations he had with Basciano and in one of them both mobsters belittled Galestro's life as a mob guy.
"I got new for you, you know, Gino's not supposed to be in this life either though, Bo," Basciano
said to Massino, according to a transcript of the recording. "You happen to be very right," answered Massino. When
Massino rhetorically asked what he should do now, Basciano said "you shelf him," meaning make Galestro inactive.
"Throw him out of the family...He never did nothin'. He doesn't know any, you throw him out of the family,"
said Massino, court records show.
McKelvey was killed at a famous mansion on Staten Island.
September 6, 2009: Feds Say Massino To Be Called. Break out the copies of "The King
of The Godfathers." Federal prosecutors said in a letter dated September 4, 2009 that they expect to call former
Bonanno Boss Joseph Massino as a witness in Vincent Basciano's federal death penalty
trial. Prosecutors have said as much previously in court hearings that Massino would highly likely to be called.
Now they have said the same in writing. Assistant U.S. Attoneys John Buretta, Taryn Merkel and Nicole Argentieri
also said in their letter to Judge Nicholas Garaufis that Massino's health shouldn't be a problem so there
is no need for the defense to take his deposition as a precaution to him being too ill to testify at trial. Massino secretly
taped Basciano in early 2005 and those conversations are at the root of the death penalty count involving the homicide of
Randolph Pizzolo, as well as the alleged plot to kill prosecutor Greg Andres. The last time
Massino was seen in court was in June 2005 when he was sentenced to a life term for his racketeering conviction. As noted
in King Of The Godfathers, Massino began trying to cooperate with officials as soon as he was convicted in July 2004.
The start date for Basciano's trial is still unclear and may be delayed until the beginning of 2010.
August
31, 2009: Santeria defense: Those who have read "King of The Godfathers," (Chapter 28) know about
the so called "hit list: prosecutors have accused Vincent Basciano of making in jail. The
allegation is that Basciano put names, including that of prosecutor Greg Andres and Judge Nicholas
Garaufis on the list to have them killed. But Basciano's lawyers said it was actually a list of names given to a practitioner
of Santeria, the Afro-Carribean religion, to purge the karma (so to speak) of those on the list and get Basciano good
luck at trial. A few days ago Basciano's lawyers asked that an inmate named Danny Reyes be given immunity
so he can testify about the true nature of the list. Court papers state that Reyes talked with Basciano about Santeria and
that Basciano wanted to put spells on Andres and Garaufis. Another inmate asked Basciano in Reyes presence to put
the names on a list so that Reyes could call his Cuban godfther to have the spell placed, court papers stated. The defense
thinks that Reyes, if immunized, can give evidence to refute the notion of a hit list.
August
25, 2009: Dominick Cicale: Prosecutors in the upcoming trial of John "Junior" Gotti intend
to call former Bonanno crime family member and turncoat Dominick Cicale to the stand. In all likelihood Cicale, whose
exploits with Vincent Basciano are outlined in "King of The Godfathers" at Chapter 28, will
be asked to testify about a conversation he may have had in which Basciano said that he agreed with Gotti's defense of
withdrawal from the mob. The government, court papers show, appears to believe that Gotti sought the approval of the
mob for such a defense, and thus didn't really withdraw from mob life. Prosecutors have been asked to turn over
documents to the Gotti defense team about Cicale. A key witness against Basciano, Cicale testified he was involved in
the killing of Frank Santoro in the Bronx. Cicale also allegedly fabricated a murder plot to falsely
implicate Basciano, according to documents filed in Basciano's case in Brooklyn federal court.
August
17, 2009: Talk of the mob: It seems like a particular prosecutor may have been on the mind of more
than one gangster. In court papers filed in connection with Vincent Basciano's upcoming trial, his lawyers
are asking the government to turn over records and witness statements in which assistant U.S. attorney Greg Andres,
the alleged target of a death threat, was a topic of conversation. Defense attorney George Goltzer
is asking for copies of statements made by Richard Berte to former Bonanno captain Richard Cantarella
regarding Andres. Goltzer in his letter to the court also wants to see copies of any statements made by former boss Joseph
Massino to Berte indicating that it was "Massino's original idea to kill AUSA Andres." The alleged death
plot is talked about in recent trade paperback version of King of The Godfathers at pages 297, 307 and 310. Any evidence
of conversations between Basciano, Massino, Berte and Cantarella about Andres are being sought by the defense.
August
10, 2009: Yvonne Rossetti, the Howard Beach housewife who caused so much trouble for herself and whose financial
dealings got some reputed Bonanno crime family members in hot water, is expected to be sentenced in October, according
to a source familiar with the case who doesn't want to be named. Rossetti and her husband Vincent will be
sentenced in the same month, other sources said. Their earlier sentencing dates were adjourned. Yvonne plead
guilty earlier this year to scamming people. Vincent was witness in the Brooklyn federal court trial of reputed Gambino crime
family soldier Charles Carneglia and also testified that he had scammed people. Both husband and wife face
potential prison time though it is unlikely they both would have to serve since they have four kids. The couple's exploits,
including their interaction with some reputed Bonanno associates and street bosses, are featured in "King of The Godfathers."
August 05, 2009: Lawyers for Vincent Basciano have asked that he be allowed
visits from Debra Kalb, the woman with which he fathered a son, in the Metropolitan Detention Center. Attorney
Richard Jasper and others wrote after the MDC said regulations didn't permit a visit by Kalb.
"The MDC policies cited in the government's letter, have the effect of severing the defendant's relationship with his
7 year old son, and his son' mother," the attorneys wrote. The lawyers said Basciano' ability to parent his
youngest son from prison is mitigation if the death penalty should have to be considered. Basciano has in the past had
visits with his youngest son, Anthony, in the confines of Brooklyn federal court. Basciano is awaiting trial later
this year and is being held under strict administrative measures at the MDC.
July 29, 2009: Vincent
Rossetti's sentencing has been postponed to October, federal prosecutors said. Rossetti whose exploits as an alleged
associate of the Bonanno crime family are detailed in pages 303-306 of "King of The Godfathers," testified
as a government witness to running scams in the trial in Brooklyn federal court of Gambino soldier Charles Carneglia.
Rossetti's wife, Yvonne, whose Howard Beach activities are also chronicled in the book, is slated to be sentenced
around September for her guilty plea this year in federal court to running scams. They both face potential prison time.
July 27, 2009: John "Junior" Gotti case crossover to Bonanno family. Junior Gotti
is slated to go on trial in September and in papers filed in federal court his lawyers are fighting to keep out testimony
of two cooperating witnesses, including that of Dominick Cicale. As cited in "King Of The Godfathers,"
pages 308-310, Cicale was close with Vincent Basciano (shown above)but turned
on him and testified in his federal trial that led to a conviction. Prosecutors now want to use Cicale in Gotti's
trial in an effort to prove that Basciano had talked with the younger Gotti and had approved of the Gambino captain's efforts
to defend himself by saying he withdrew from the mob. Court papers indicate that it was Cicale who spoke
to Basciano about that alleged conversation. (The defense said Gotti never met Basciano until December 2008, years after the
withdrawal defense was first used) This is being done, the defense contends, to show that the Gotti strategy was given the blessings
by others in the mob--presumably to show that Gotti hadn't withdrawn from La Cosa Nostra. Judge Shira Scheindlin
didn't let this testimony in during Gotti's last trial that led to his third mistrial and the defense is arguing to the
judge in the upcoming trial that such a ruling should be followed, and Cicale's testimony kept out. Cicale is loaded with
baggage, including allegations that while a government witness he tried to fabricate a murder plot to implicate Basciano
(described on page 310).
July 11,2009: Vincent Basciano, who has had enough lawyers in
his time to fill a courtroom, is now down to three for his upcoming death penalty trial talked about in "King of The
Godfathers." His lead counsel will be George Goltzer, learned counsel Richard Jasper
and co-counsel for trial Ying Stafford. With thanks, Judge Nicholas Garaufis relieved Jane Simkin
Smith from any further role in the case. She had been brought in for limited legal work, including motion filings.
July 4, 2009: (After a delay because of coverage of Bernard Madoff, this page is now back to regular
updating) Judge Nicholas Garaufis in Brooklyn Federal Court has denied, yet again, Vincent Basciano's
request for the court to recuse itself from his upcoming trial. Basciano's lawyers had argued that a recent U.S. Supreme
Court ruling in a West Virginia political corruption case required under the law for Garaufis to drop out. "What
that has to do with the current case is anyone's guess," said Garaufis, in denying Basciano. Garaufis said that
while the defense thinks the Supreme Court imposed a new constitutional standard for recusal, the High Court ruling
didn't have a basis for revisiting the issue. The October trial for Basciano, mentioned in Chapter 28 of "King Of The
Godfathers," now looks on track. Stay tuned.
Earlier in the
week, a reputed Bonanno soldier, Anthony Seccafico, was gunned down on Staten Island while going to work
at his construction job. While some law enforcement sources are telling reporters that a mob war might be afoot, things are
too unclear at this point to say anything more. Stories appeared in Daily News, Newsday and the N.Y. Post. Seccafico was repotedly
part of a group led by Patrick DeFilippo, who is now serving a 40 year term.
June
10, 2009: LIVE WEB CAST FROM LITTLE ITALY!! Log in to the web show "Giambotto Dolce" (a mixed sweet
bag) at 8 p.m. on June 10 as actress Mary Ann Maisano interviews author Tony DeStefano about The Last Godfather,
the Bonanno Crime Family and other things. The show is done live from Grotto Azzura.
To watch just paste the following link into your web browser.
http://www.dolcechannel.com/pages/liveradio.php
Have fun!!
May
31, 2009: Jury selection in the death penalty trial of Vincent Basciano will begin October
5, 2009, Judge Nicholas Garaufis has said in an order filed in Brooklyn federal court. Garaufis rejected
a request by defense counsel to have the trial postponed until January 2010. The trial involves the death penalty counts as
described in "King of The Godfathers," p. 310 in the trade paperback edition. This is the trial where Joe
Massino is likely to be called.
May 25, 2009: The strange Santeria issue
raised in the case of Vincent Basciano, appearing at pages 307 of the trade paperback "King of The Godfathers,"
is now front and center again. Defense attorneys succeeded in getting witness Danny Reyes to be called for
a deposition in the hopes he could verify that Basciano wrote the infamous "hit list" (on which the names of
Judge Garaufis and others appeared) simply as part of a Santeria-like ritual to get good luck in his case. According
to court documents, Reyes, who was an inmate with Basciano when the list was written, is attempting to invoke his Fifth Amendment
right in the deposition when asked about his knowledge of Santeria and the people he was in jail with. The defense wants to
question Reyes about things he said to the defense team in 2006: that he was a Santero, his Cuban godfather was also apparently
a Santero and that Basciano discussed having Santeria spells cast on Garaufis, a prosecutor and others, court records show.
The defense is moving to have Reyes immunized so that his testimony can be taken in advance of Basciano's trial set for September
(pp 309-310).
April 27, 2009: The death penalty case against Vincent
Basciano, dealt with on pages 309-310 of the trade paperback version of "King of The Godfathers," is
getting expensive. To date, Brooklyn federal judge Nicholas Garaufis has approved
payment vouchers to his court appointed lawyers of $1.3 million. Add to that the work done by paralegals, investigators and
others the bill comes to about $1.7 million, said Garaufis is a recent document. Garaufis turned aside a request by defense
counsel to postpone Basciano's trial, now set for September, until January 2010. The court things there is enough time for
the newly appointed lawyer George Goltzer to get up to speed.
April 16, 2009:
Sal "The Iron Worker" Montagna, the reputed acting boss of the Bonanno family, is on the verge of being
deported from the U.S., according to news reports. Montagna, who is featured in "King Of The Godfathers" on
page 302, owns a legitimate iron works plant in Brooklyn. But since he was convicted in 2003 on a low level charge
of criminal contempt on the state level, that apparently is enough for the federal government to detain him in immigration
custody and send him back to his native Canada. His attorney told reporters that Montagna, 36, is planning to appeal any deportation.
April 10, 2009: To update the situation on Vincent Basciano: his appeal to the U.S. Supreme Court was
denied certiorari in late February. He is now filing pretrial briefs for the September 2009 capital case trial in which
Joe Massino is expected to make an appearance.
April 1, 2009: Vincent and Yvonne
Rossetti, the Howard Beach couple at the center of some much trouble, are set for sentencings in Brooklyn federal
court. Vincent, who testified in Brooklyn federal court at the trial of reputed Gambino soldier Charles Carneglia,
is slated to be sentenced on June 5. Vincent testified at the Carneglia trial to pulling off various scams over the
years that made him $1.5 million. Yvonne, who admitted to Magistrate Cheryl Pollak in the same courthouse
that she ripped off $1 million with others in a real estate scheme, is to be sentenced on July 10. Their dealings with
some Bonanno crime family members and associates precipitated an 18 defendant indictment in early 2007. Both Rossettis were
government witnesses in the case.
March 1, 2009: Yvonne Rossetti, the attractive Howard
Beach housewife who caused so much trouble for some ot the Bonanno leadership in 2007, plead guilty to her own crimes last
week. In Brooklyn federal court Rossetti, 43, admitted to Magistrate Cheryl Pollak to taking part in a $1 million real estate
fraud and also to participating in a medical billing scheme that got $100,000. She is to be sentenced in July and faces
a guideline range of between two and three years on the charges contained in a federal information. Rossetti's financial machinations
led to a 2007 federal indictment involving Nicholas Santora and Anthony Rabito on charges
they were involved in an attempt to extort $100,000 from her, money allegedly fronted by a Bonanno loanshark as part of her
investment dreams. (See "King of The Godfathers" pp 303-306)Rabito and Santora ultimately
plead guilty to unrelated charges. Rossetti's husband Vincent, with whom she had four daughters, recently testified
in the racketeering trial of Gambino soldier Charles Carneglia as a prosecution witness. Vincent
Rossetti testified that he netted $1.5 million in various securities frauds and other crimes.
February
26, 2009: Vinnie Basciano has a new lawyer. Because of a conflict of interest that developed with original lawyer
Lawrence Stern, Brooklyn federal judge Nicholas Garaufis appointed George Robert
Goltzer of Manhattan to handle Basciano's death penalty trial in September. Stern had represented reputed
Genovese acting boss Dominick "Quiet Dom" Cirillo and wiretaps that might be used
in the trial implicate Cirillo and the Genovese borgata in the 2001 murder of Frank Santoro, for which Basciano
was earlier convicted, court records show. Since evidence of the Santoro murder might be used in the death penalty trial,
Stern potentially could have found himself in the position of tryint to implicate his old client, Cirillo, in the crime. So
the conflict was solved by appointing Goltzer.
February 21, 2009: Joe Massino will likely
testify in September. That is the latest word from law enforcement sources about the likelihood, which is now substantial,
that Massino will take the stand against his former protege Vincent Basciano. There have been numerous
times when Massino's appearance has been anticipated in court since he turned cooperating witness. But now it looks like September
is the operative date, when Basciano goes on trial in the death penalty case. Massino secretly taped Basciano in late 2004
and early 2005 while both were in a Brooklyn lockup. (See "King Of The Godfathers," pp.295-310).
But this trial timetable is fragile because Basciano may have to get a new lawyer appointed since Lawrence Stern
claims to have a conflict from a prior case.
February 14, 2009: Vincent Rossetti,
the self-described Bonanno associate who turned government witness, testified at the federal murder rackets trial of Gambino
soldier Charles Carneglia. Rossetti, 44, the husband of controversial Howard Beach housewife Yvonne
Rossetti, testified about circumstantial evidence concerning the day Salvatore Puma was stabbed
in Howard Beach in the summer of 1983. Puma died and prosecutors claim Carneglia was the one who did the stabbing in an argument.
The exploits of Rossetti and his wife are detailed in the trade paper back "King of The Godfathers," pages 303-306.
Rossetti told the jury in Brooklyn federal court about his own securities and mortgage frauds which he said netted $1.5 million.
On cross examination he was asked about an investor lawsuit against his wife but said he wasn't involved in it. He and
his family have been relocated by the FBI and Rossetti testified that he for a while was getting $2,000 a month stipend from
the feds and help on medical expenses. Stories appeared in Newsday, Daily News and New York Post.
February
6, 2009: There were apparently some nasty words said in court during a hearing in the Basciano case. Defense
attorney Lawrence Stern is so chagrined by comments by Judge Nicholas Garaufis that he wrote
a letter in which he wanted "with all due respect, to protect the Court's harsh tone and demeaning treatment of Ms.
(Jane Simikin) Smith" as she tried to clarify a point. Stern, among other things, had raised the issue of a
potential conflict of interest and didn't like Garaufis's remarks. The judge pointed special counsel to advise Basciano
about the conflict issue (See January 21 below)
January 21, 2009: Lawrence Stern,
the court appointed lawyer for Vincent Basciano, has filed a letter with the court saying there is a potential
conflict of interest because of his earlier representation of Dominick "Quiet Dom" Cirillo,
the reputed acting boss of the Genovese crime family. Stern is representing Basciano in the death penalty case (See
Chapter 28 in trade paperback "King of The Godfathers). Seems as though an associate of Quiet Dom was
overheard on a wiretap which also picked up Michael Mancuso, a former Basciano co-defendant. Stern didn't
say in his court filing what the exact conflict might be but filed a sealed letter with Judge Nicholas Garaufis
to explain things and protect his attorney-client relationship. Stern is asking for Curcio counsel to be appointed, a routine
step in case of possible conflict of interest.
January 18, 2009: Basciano seeking "arrest"
of witnesses: Vincent Basciano is asking a federal judge to arrest and detain three potential witnesses
in his capital case. In papers filed in Brooklyn federal court Basciano said that people only identified as CW-1, CW-2 and
CW-3 have testimony material to the "bias and perjury" of Dominick Cicale. Basciano anticipates
that Cicale will be central witness in his death penalty trial in September. CW-1 is a cooperator in the federal Witness Security
Program, while the other two witnesses are of unknown whereabouts, said Basciano, who wants the witnesses detained to insure
their availability a trial.
January 2, 2009: Battle over Massino tapings. Another
fight is brewing over whether turncoat Joe Massino's taping and talks with Vincent Basciano
while both were in a federal detention center might cause a legal problem for the government. Judge Nicholas Garaufis
ruled earlier that Massino wasn't acting as a government agent when he spoke with Basciano and taped him in late 2004 and
early 2005. Those conversations were the basis for some of the serious charges facing Basciano in the death penalty case.
But Basciano's lawyers are revisiting the issue and said in court papers that it may well be that Massino's questioning violate
Vinny Gorgeous's right to counsel. The lawyers want a hearing with Massino and others called to the stand. Government attorneys
will be filing a response shortly
December 29, 2008: Whatever happened to the Rossettis? The
Howard Beach family whose troubles led to the indictment of Nicky Santora, Anthony Rabito and others, seem
to have skated without having to take the stand in the Bonanno crime family case of February 2007. Though Santora and others
were initially accused of being part of the extortion of Yvonne Rossetti, no one in the case had to admit
as part of a plea deal to shaking down the controversial Mom. Yvonne was accused in a Queens State Supreme Court lawsuit of
defrauding at least one investor. Defense attorneys said in federal court during some of the Bonanno cases that she may have
ripped off others. Yvonne and her husband Vincent, who taped some Bonanno figures while he was himself
under indictment, left Howard Beach for more hospitable climes. Yvonne has never been charged. The travails of Yvonne
and her husband in the case are chronicled in the trade paperback version of "King of The Godfathers,"
($14.95)
But Vincent's brother Joseph hasn't done well. He was part of the
Bonanno roundup in 2007 and plead guilty in 2008 to conspiring to fraudulently selling securities with other reputed crime
family associates. Despite the chronic illness of his wife and other family issues, Joseph was sentenced to 90 months
in prison by Judge Sandra Townes and ordered to pay over $600,000 in restitution. Since he had a prior
conviction, Joseph took some heavy time.
December 18, 2008: As expected, former reputed acting boss
Michael Mancuso, 53, received a 15 year sentence for his role in the conspiracy to murder Randolph
Pizzolo and for taking part in gambling. Judge Nicholas Garaufis of Brooklyn federal
court gave Mancuso the set term as part of the original plea bargain struck earlier this year. Mancuso chose to say nothing
but Connie Pizzolo, the feisty, darkhaired daughter of Pizzzolo, gave an impassioned speech about the effect
of her father's murder on her. Randolph Pizzolo, a mob associate, was gunned down in late 2004 because, according to
investigators, Vincent Basciano was angry with him and wanted to make his death a wakeup call for mob discipline.
Connie Pizzolo said she prefered that Mancuso get a life to term in solitary so he could spend the rest of his life in, as
she termed it, "a box." She said her dad wasn't perfect but loved him even with such imperfections. Garaufis
also sentenced the Three Anthonys (Aiello, Donato, and Indelicato) to various terms ranging from 20 to 30
years. Garaufis was reluctant to recommend that Mancuso be sent to nearby Otisville prison, but in the end did it.
December
15,2008: Michael Mancuso, once the acting boss of the Bonanno family, is scheduled to be sentenced on December 16th
in Brooklyn federal court. Mancuso, who plead guilty earlier this year to racketeering, is expected to draw a sentence
of up to 15 years. This for his plea to conspiracy in the murder of wannabe mobster Randolph Pizzolo
in late 2004, the crime for which Vincent Basciano faces the death penalty.