U.S. District Judge James Zagel won't sentence the main defendants in the Family Secrets trial until the spring of next year at the earliest.
Zagel said he would give federal prosecutors until the end of February next year to file their responses to the defense lawyers' request for a new trial for their clients.
Then defense attorneys will likely get a month or more to respond to the prosecution's arguments.
Sentencings also get delayed for a variety of reasons, so it wouldn't be out of the realm of possibilities that the main defendants could be sentenced in the summer.
I expect a triple digit sentence
Hi again,
Just cruising thru the comments and I noticed that a few have indicated that Paulie may be put on trial with the German--would that be double jeopardy ? I didn't think you could be tried for the same crime twice,especially murder. How much time would he do if it remains as is? Does he have any shot at getting out in a reasonable timeframe?
STEVE WARMBIR RESPONDS: Paul Schiro won't be put on trial with Frank Schweihs. Schiro already went to trial.
Schiro could face 20 years or more, just on the charge he was convicted on.
Given his history, he likely won't be getting out before he is an old man, at best.
What are the reasons other than a problem with the trial, that sentencing takes so long? You'd think like a month or two later they would be sentenced. And do they get time served for the time they are in jail already?
STEVE WARMBIR RESPONDS: The time delay is caused by a number of factors.
The defense has raised several arguments regarding the need for a new trial. The prosecution needs time to respond in detail to those arguments, then the defense gets a chance to reply.
In the case of some defendants, a pre-sentence report has to be prepared or supplemented. The defendants are interviewed by a court official who goes over their background, how they behaved recently in prison and other matters.
The defendants do get credit for the time they have already served behind bars while awaiting trial and sentencing but given the prison sentences they are facing, it doesn't matter all that much.
Steve,
It appears that sentencing for US v. Marcello is on Zagel's docket for next Wednesday at 2pm. Is this a different Marcello?
STEVE WARMBIR RESPONDS: This is a different Marcello. It's Michael "Mickey" Marcello who pleaded guilty in the case before the trial started. He ran his brother's video gambling operation while James Marcello was in prison.
why would he only be sentencing him? why not the others who pleaded guilty too, at the same time?
STEVE WARMBIR RESPONDS: The five defendants who pleaded guilty will likely be sentenced around the same time.
As for the people who pleaded guilty, they will be sentenced earlier than that.
(Re: Post on November 9th) Thank you for clarifying to everyone the reasons for the delay in sentencing. As in any trial, there are many factors and much detail involved.
Steve, I've been a fan of "Gangland" a documentary on A&E; it covers stories about the Latin Kings, the Hell's Angels and other organized criminal enterprises.
I'm wondering if they have contacted you at all for a future show?
If not, have you ever watched the show? These criminal enterprises run in the territory of many mafia territories, I'm wondering if gangs have to negotiate with the mob?
Just seeking your expertise; it's really a marvelous work of journalism.
STEVE WARMBIR RESPONDS: I haven't seen the show, but I'll have to check it out.