A federal judge on Tuesday told defense attorneys he wants separate trials for 14 Philadelphia Mobsters and associates on racketeering conspiracy and other charges.
Court house sources say the judge wants to break the headline grabbing case up into three separate trials because of Covid19 concerns.
While no trial dates were scheduled, the trials are expected to begin no sooner than the Spring of 2022, some 18 months after one time Philadelphia Acting Boss Steven Mazzone, Mob Captain Domenic Grande and 12 others were arrested by FBI agents in an early morning sweep last November.
Judge Barclay Surrick informed defense lawyers of his wishes during a pre-trial status hearing Tuesday afternoon at the federal courthouse at 6th and Market Streets. Only defense attorneys, federal prosecutors and FBI agents were permitted to attend the hearing because of concerns over the latest Covid19 outbreaks.
There were no other new developments from the 15-minute hearing.
The defense team for the 14 Philadelphia Mobsters and Associates just received a new pile of evidence against their clients. The resurgence of Covid19, specifically the so called Delta variant, has slowed down pre-trial hearings and the ongoing investigation of the Philadelphia Mob.
Sources say newly collated discovery materials arrived several weeks ago and could take weeks to go through. Defense attorneys are prohibited from disclosing the details of the evidence against their clients under a judge’s protective order sought by the FBI several months ago.
The case involves years of investigative materials including audio tapes, video and transcripts of hundreds of hours of tape recorded conversations by the FBI. Those secretly recorded tapes were made, according to sources, by a made member of the Philly Mob who was often accompanied by an undercover FBI agent.
The judge’s protective order was requested to protect the cooperating mobster turned informant, who is credited with tape recording a Philly Mob Induction ceremony attended by some of the city’s top mobsters. That tape could potentially have a devastating effect on the case when it is played in court.
Sources say several top wiseguys can be heard speaking on the audio tape and being introduced to newly made members by the acting Street Boss, including a description of their rank in the family by the former boss.
The local wiseguys and their lawyers have been anticipating new indictments, a superseding indictment or new charges for months now following last November’s sweeping indictments against several top Philadelphia mobsters, including one time acting street boss Steven Mazzone, up and coming Capo Domenic Grande and 12 others.
Those new charges have not materialized as expected. While federal authorities never comment on the status of investigations, sources confirm the resurgence of the pandemic has delayed grand juries, trials and even pre-trial status hearings. Precious grand jury time is being used for cases involving guns, violence and other more serious matters.
Lawyers and prosecutors were expected to argue motions, discuss the turnover of more discovery to Mazzone and the others as well as establishing a possible trial date.
The last major legal development in the ongoing case was when Judge Surrick granted a second request by the FBI and federal prosecutors for a protective order restricting the defendants access to discovery. Prosecutors renewed an earlier request for the protective order limiting defendants access to documents, evidence, wiretaps and cooperators tape recordings after it was alleged that the contents of a transcript from that Philly Mob induction ceremony were leaked to the media.
The tape recorded contents of the meeting appeared in Gangland News, authored by longtime Mob reporter Jerry Capeci, The well respected New York journalist’s column touched off a flurry of court motions between prosecutors and the defense.
The judge agreed with prosecutors and issued the protective order. The defense has vehemently denied leaking or providing any court discovery on the case to reporters.
In a statement to Mobtalksitdown.com, defense attorney Lou Busico, representing Mob Underboss Steven Mazzone said:
“We are in receipt of the most recent court order concerning discovery in this case. While it makes trial preparation a little more difficult, of course it will be respected and complied with unless otherwise modified,” Busico said.
Prosecutors want defendants to only be permitted to review discovery in the case while in the company of their attorneys.
The Defendants want to be able to review evidence, tapes and documents at home as several of them, including Mob Underboss Steve Mazzone, Mob Captain Domenic Grande and Mob Soldier Sonny Mazzone, are on house arrest pending trial on racketeering and drug charges.
The judge at first said the feds request was overly broad and should not cover all of the items in their request. The judge did say a protective order on witnesses would be appropriate, citing prosecutors concerns for the safety of their potential trial witnesses.
Here’s part of the government’s argument for the protective order:
“The Government contends that the protective order is needed to protect government witnesses. The Government alleges that Defendants swore an oath to the LCN that they would commit acts of violence to protect the interests of the LCN. (Superseding Indictment 7.) The Government also alleges that the LCN members have “traditionally” attempted to intimidate cooperating witnesses by harming or even killing them,” prosecutors said in their motion
They went on to say, “a number of cooperating witnesses are expected to testify for the Government. According to the Government, the protective order is being sought due to concerns that Defendants may disseminate discovery materials, which could in turn publicly identify the government witnesses and place them in danger. The Government represents that it is aware of several instances of threats already being made against witnesses in this case.”
The judge denied the prosecution’s request, but gave the government 10 days to appeal his ruling by amending their request.
Federal prosecutors recently asked the trial judge in the racketeering/drug case 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 back several times 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 had 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.”
Several of the defendants have since had their home confinement restrictions loosened to allow them to go to work.
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.”
That clearly is not going to happen.
