Even a crack team of federal prosecutors can make a mistake.
Take one photo that they showed jurors in opening statements in the Family Secrets case.
The prosecution said it was a photo of Nicholas D'Andrea, one of 18 mob hit victims.
It looks like they got the wrong guy.
D'Andrea's widow testified that the photo wasn't her husband.
Mob killer Nicholas Calabrese said the guy didn't look familiar - and Calabrese killed him.
Defense attorney Tom Breen brought out the error during questioning.
But the prosecution may be able to turn it out around to their advantage.
If the defense raises the error in their closing arguments, the prosecution can use it to argue Nick Calabrese was being honest on the witness stand.
Defense attorneys contend Nick Calabrese is eager to tell the feds whatever they want to hear from the witness stand, so he can get as sweet a deal as possible.
Prosecutors, in turn, can point to Calabrese's refusal to identify the photo as the murder victim - even when he knew it would make him look bad - attests to his truth telling.
Was the "oops" photo ever released as an exibit or ID'd as to he really was?
STEVE WARMBIR RESPONDS: The photo was used during the prosecution's opening statement in which they showed all the victims.
It hasn't been released, and the person in the photo hasn't been identified.
The "oops" photo has been released as of the other day on the DOJ website.
http://www.usdoj.gov/usao/iln/hot/familySecrets/2007_07_24/photo_98.pdf
STEVE WARMBIR RESPONDS: Actually that's the right photo. The "oops" photo is the one prosecutors showed during opening statements on a screen. That one hasn't been entered into evidence yet.
Hey Steve,
How could they not introduce it to evidence if they used it with Calabrese?
Don't they have to enter it once they show it to him during testimony?
Is Calabrese done testifying?
Have al the 18 murders ben addressed?
STEVE WARMBIR RESPONDS: They didn't introduce the mistaken picture into evidence because it was a demonstrative exhibit they showed jurors during their opening statements.
It was one of 18 photos they showed.
Nick Calabrese is done testifying, and they have addressed all 18 murders.
the oops photo is actually nick d'andreas brother mario my father
STEVE WARMBIR RESPONDS: Thanks for the clarification.