Federal prosecutors have just asked the trial judge in the racketeering/drug case of 15 Philly Mobsters and Associates for a continuance that would allow prosecutors to delay the trial beyond the 90 day speedy trial rule, citing Covid19 restrictions.
Prosecutors cited prior judicial decisions to delay trials due to state and local Covid19 restrictions concerning gatherings. Prosecutors noted that a judge has already cited actions of public health officials to limit the spread of the virus and further cited the impact of Covid19 on jury availability and selection.
Criminal trials and jury selection in the Eastern District have already been pushed past January 15, 2021 because of Covid19 restrictions designed to limit the size of gatherings, encourage telework, limit travel and encourage Pennsylvanians to leave home only to go to work and or school or for essential needs.
The judge in the prior ruling said it was appropriate to reduce the level of activity at courthouses and postpone certain in-person proceedings, particularly those that require large numbers of people, such as jury selection, for extended periods of time. The judge said the period of delay “should be excluded under the federal Speedy Trial Act”.
Defense Attorney John Meringolo, writing on behalf of accused Philly Mob Underboss Steven Mazzone, immediately responded to the government’s request. He agreed to a continuance with certain conditions and schedules.
Meringolo cited the fact that no discovery has yet been turned over to the defense, weeks after the highly publicized arrests of the defendants in November. He asked that a strict schedule be put in place for handing over discovery materials to the defendants and their lawyers.
“Any proposal limiting the defendants’ ability to possess and review discovery in their own homes would pose an unduly burdensome hardship onto defense counsel,” Meringolo wrote.
“In light of the travel limitations imposed on Mr. Mazzone, including his home confinement conditions, he would be required to request permission to leave his home and visit his attorney’s office each time he wants to review his own discovery. Such consistent visits to review this size of discovery would be burdensome to any lawyer under any circumstances, but in the face of COVID-19 restrictions, would be impossible.”
Meringolo further asked that the trial date be scheduled in two sets. The first being the defendants charged with racketeering conspiracy, including Mazzone, his brother, Salvatore Mazzone, and Mob Captain Domenic Grande, along with seven others.
The defense attorney, speaking on behalf of Mazzone, also told the judge that “defense counsel can be ready for trial in September, October and November 2021.”
