An excellent story from crack reporters Abdon Pallasch and Carol Marin, while I am on vacation.
Assistant U.S. Attorney Markus Funk was making his closing argument in the "Family Secrets" mob trial.
Defendant Frank Calabrese Sr., accused killer, had his own message for the prosecutor:
"You are a f - - - - - - dead man."
At least that's what a juror later told prosecutors Calabrese said in Funk's direction.
Lead prosecutor Mitchell A. Mars has sent a letter to Calabrese's lawyer, Joseph Lopez, saying that a juror met with prosecutors after the trial and told them about the alleged threat.
Lopez dismissed the allegation as "nonsense, total nonsense. It's an overactive imagination."
The juror told prosecutors he or she "was able to make out what Mr. Calabrese was saying in part because he/she heard Mr. Calabrese, and in part by reading Mr. Calabrese's lips," Mars wrote.
Three other jurors "confirmed the juror's observations and heard Mr. Calabrese say the same thing," the juror told Mars.
The jury ruled last month that Calabrese, 70, was responsible for seven mob murders.
U.S. attorney's office spokesman Randall Samborn declined to comment on the letter.
Attorneys for Calabrese's four co-defendants said the conversation among jurors about Calabrese allegedly mouthing a death threat could have unfairly tainted the panel against their clients, giving them a potential avenue to seek new trials.
Rick Halprin, attorney for co-defendant Joseph "Joey the Clown" Lombardo, said he would be in court next week renewing his motion to sever Lombardo's case from Calabrese's.
"This is quite a development," Halprin said. "I have grave concerns about this. This is, to say the least, novel. You would assume it impacted their thought process. We know from the letter that one-third of them talked about it. I expect to be in court on it next week."
'Improper influence'
Marc Martin, attorney for James "Little Jimmy" Marcello, who prosecutors say is the boss of Chicago's mob, said his client has been arguing for a severance from Calabrese since the beginning of the trial.
"Marcello has been complaining about this since day one and this just adds more fuel to the fire," Martin said, adding he may raise the issue in post-trial motions.
Martin also questioned whether, by meeting with the juror, Mars and Funk broke the court's rules by having contact with a juror without court permission.
"I suspect the defense lawyers are going to come in with a motion [saying] 'It was an obviously improper influence,' " said Al Alschuler, a Northwestern University law professor. "I think it's a substantial issue."
U.S. District Judge James Zagel, who also received a copy of the letter, could reconvene the jurors, ask each one if the alleged threat affected their verdict, and, if each one says it did not, let the verdict stand, Alschuler said.
Lopez said he was sitting right next to his client and never heard any threat. "My client has more brains than that," he said. "We were surrounded by FBI agents and U.S. attorneys and spectators and nobody heard anything, and now a month later. . . . Why wasn't something said immediately right afterward -- that's what I want to know. It's an overactive imagination -- that's all I can think of."
Marcello, Calabrese and Lombardo will probably face life in prison for their roles in running a criminal enterprise blamed for a total of 10 murders. Co-defendants Paul Schiro and retired cop Anthony "Twan" Doyle were not found responsible for any murders but they could face 20 years for their roles in the enterprise.
In a trial of former Gov. George Ryan, allegations that the jurors were subjected to outside or improper influences have formed the bulk of Ryan's appeal efforts.
Frank never ceases to amaze me!
"Lopez said he was sitting right next to his client and never heard any threat. "My client has more brains than that,"
Is he serious?
I attended the trial only once, but as I recall Calabrese and the other defendants sat at the opposite end of the (huge ceremonial) courtroom from the jury. If Calabrese said anything loud enough for a juror to hear, the entire courtroom, including the prosecution table and Judge Zagel, would have heard him. I do not see how this could have happened.
STEVE WARMBIR RESPONDS: Calabrese Sr. was near the prosecution table and the jury box. One question that arises is whether anyone at the prosecution table heard anything, since at least one juror indicates he did.
Frank Calabrese Sr. is a DOUCHE BAG.
In other news, Rocky Lamantia got caught trying to steal from a pawn shop the other day and now faces charges from police.
Man, and we almost got to read that book he was working on.
He'll have time now for the next 3 years he spends in prison. I also like how Joe the Shark Lopez represents Lamantia as well as every other "alleged" mobsters.
Really why would it take a month to come out ? It should of been addressed right then and there.
Didn't work for Ryan. Shouldn't work for dese guys. And the prosecutors deserve round the clock protection.
let them all go free. Why all the Hate against the Dagos
Any word on what the attorneys are going to do about the threat Calabrese made? Grounds for appeal?
STEVE WARMBIR RESPONDS: The attorneys have asked for a hearing on the issue. We may find out as early as this week if the judge gives them one.
Frank Calabrese Sr. is a DOUCHE BAG.
First of all....who could believe anything that this jury is quoted as saying and why did it take so long to come forth?
Anyone who needs a dictonary for the word "intimidation" should be sent back to school.
Take this jury with a grain of salt!
The defense attorneys should have requested a bench trial.
"The defense attorneys should have requested a bench trial."
In federal court the prosecution has the same right to requst a trial by jury as the defense does. Knowing how "bright" the jury pool is, they almost never waive that right.
Let's be honest.Ex Cops and Cops are not lawyers.
As an attorney, I agree that the defense attorneys should have requested a bench trial!
This jury was lackluster.
I would have also requested an appeal for a mistrial.
Perhaps those fellows would have had a better chance.
"As an attorney, I agree that the defense attorneys should have requested a bench trial"
Well Mr. Dudley, get back to me after you've actually tried a case in federal court. Your elitist assertion ("Let's be honest.Ex Cops and Cops are not lawyers")should be saved for a time when you can actually add something factual and helpful to the discussion.
In addition to be a fomrer police officer, I worked in the Marshall's office, assisting deputy marshalls with their duties. That's when I learned that the defense does not have the right to a bench trial. Coincidently, one of the trials I worked was the Dorfman trial (Joe Lombardo was a defendant in that trial also). The Chicago Outlaws Mototcycle "Club" trial was also going on at the same time. Both cases were highly sensationalized trials and had paid informants at their base.
But let's say that you're just that good and YOU got your bench trial before Judge Zagel; He denied nearly every defense motion before him. How do you think he would have ruled in a verdict situation? Perhaps you're so special, you could have gotten a change of venue also.
"I would have also requested an appeal for a mistrial."
Ya think? This may come as a surprise to you, but every defense team has motions pending. As Mr Warmbir correctly pointed out in another thread, Judge Zagel gets first crack at granting or denying those motions (Wanna make a wager on THAT goes?). After he denies the motions, THEN they can be appealled to the Appeallate Court.
You just have to cut everyone down huh? I bet you were a bully in high school. Does it really make you feel better about yourself to make other people feel stupid? If it does I think you need therapy.
@ Ex Cop:
Have you ever tried a case in Federal Court? You are simply an employee.
If you claim to know so much about the judicial system, then why aren't you an Attorney?
There are too many regular people today claiming to know the law when they don't have a clue.
Since when any defense is denied a bench trial? What law book did you study?
You say you"worked" Federal trials? What was your duties: Probably guarding the door.
I have sat through many Federal trials and I can tell you that in so far as motions pending that is exactly what they are "motions pending".
Everything takes time and the Judge has the ONLY right to grant those motions.
If you know so much about the law, then you would know that an appeal or requesting a mistrial may take years.
The jury WAS totally inept and I for one would not have wanted those nitwits deciding my fate, maybe you would.
Mrs. Smith, thank you for your comment. It is apparent that this fellow has problems and yes he is a bully.
He sounds frustrated as perhaps he wanted to be an Attorney at one time in his life but never had the chance or the intellegence to make the grade. People like him are to be taken very lightly.......