The Federal judge in the pending trial of 14 Philadelphia Mobsters and Associates has denied a request by federal prosecutors for a protective order restricting the defendants access to discovery.
Prosecutors sought the protective order limiting defendants access to documents, evidence, wiretaps and cooperators tape recordings. They wanted 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 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 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.”
