Under tight security and a blanket of secrecy, the former foreman of the Family Secrets jury took the witness stand Thursday to testify how he heard a mob killer allegedly utter a threat under his breath to a federal prosecutor during the prosecutor’s closing argument.
The alleged threat is at the center of an effort by defense attorneys to get new trials for the five defendants convicted in the biggest Outfit case in recent memory.
The lawyers contend up to four jurors heard the threat, and it biased their deliberations. Prosecutors contend the verdicts should stand.
The jury foreman testified in a courtroom that had been cleared of anyone not directly involved in the case. The courtroom doors were locked. Court officials taped manila envelopes over two courtroom windows and even the crack between the two courtroom doors, so no one could peer in, in an apparent attempt at increasing security.
The foreman testified under questioning from U.S. District Judge James Zagel. Prosecutors and defense attorneys weren’t allowed to ask the man anything.
The juror testified that he was sitting in the middle of the first row of the jury box when he saw mob killer Frank Calabrese Sr. mutter under his breath that prosecutor Markus Funk was “a f------ dead man,” as Funk delivered his closing argument, according to sources familiar with his testimony.
The foreman later contacted prosecutors and told them over a roughly two hour lunch about the threat.
The foreman believed prosecutors had known of the threat, but they hadn’t.
It was clear from the foreman’s testimony Thursday that he discussed the threat with three other jurors, who also saw the threat, during their jury deliberations, but the judge declined to follow up on his questioning, severely limiting any defense attempt at getting a new trial. In general, a judge is prohibited from questioning a juror about deliberations, unless there are extraordinary circumstances, which defense attorneys argued existed here.
“It’s an incomplete record,” said defense attorney, Joseph “The Shark” Lopez. After the foreman testified and left, the courtroom was reopened to the public for the rest of the hearing.
As the hearing appeared to be going poorly for the defense, convicted mob killer Joseph “Joey the Clown” Lombardo expressed his displeasure during a break.
“I’ve never seen such dumb lawyers as these defense lawyers in my life,” Lombardo griped loudly. “Every motion they file, they lose.”
His attorney, Rick Halprin, whose performance at trial received high marks, downplayed the remark.
“Nobody took that personally. It’s just a complaint,” Halprin said. “It’s just his way of saying that we never seem to win a motion.
“It was intended for an audience,” Halprin said, noting Lombardo saw reporters who had entered the re-opened courtroom.
WHATS ? LOMBARDO COMPLAINING ABOUT HE CHOOSE HIS LAWYER FOR 30 YEARS HALPRIN REPERSENTED HIM IN MANY CASES AND ALWAYS LOST.
AND NOT ONLY DID THE DUMMY ( LOMBARDO ) GET TO CHOOSE HIS OWN ATTORNEY BUT THE TAX PAYERS HAD TO FLIP FOR THE BILL , HE GOT MORE THAN A FAIR TRIAL MORE THAN ANYOTHER PERSON BEING TRIED FOR MURDER MOST PEOPLE WOULD BE FORCED TO USE A PUBLIC DEFENDER IF THEY HAD NO MONEY TO RETAIN A COMPATINTE LAWYER. LOMBARDO IS TRYING ANYTHING HE CAN TO GET OUT OF GOING TO PRISION FOR LIFE.
I SAY STICK HIM IN GENERAL POPULATION IN PRISON. OR LET MY BROTHER AND I HAVE A FEW DAYS ALONE WITH HIM AND HIS BUDDIES.....
how bout you learn to write and shut the hell up. how are you better than the mafia is thats what you would do?
I HAVE TO SAY ONE THING THATS VERY FUNNY TO ME THESE GUYS ( MOBSTERS ) AS THEY LIKE TO BE CALLED ALL THEY DO IS TRY TO INTIMIDATE PEOPLE WHEN IT COMES RIGHT DOWN TO BRASS TAX THEY DONT HAVE WHAT IT TAKES TO BE A TOUGH GUY
I'VE MET OTHER PEOPLE IN OTHER COUNTRIES THAT MAKE THESE GUYS LOOK LIKE A BUNCH OF GIRLS .
AND AS FAR AS THREATING MARKUS FUNK I HAVE A VERY GOOD SENSE OF PEOPLE AND I FEEL MARKUS WOULD RIPP THIS HEAD OFF IN THE STREET WHERE THEIR ARE NO MARSHALLS TO PROTECT THESE GUYS .
MARKUS REMINDS ME OF A F.B.I. AGENT THAT I LIKE AND HE WOULD'NT HAVE BEEN WORRIED AT ALL HE WOULD HAVE JUST SMILED.... MARKUS DOESNT LOOK LIKE SOMEONE WHO IS INDIMADATED BY THESE GUYS AT ALL.
THE OUTFIT ONLY TARGETS PEOPLE THEY THINK WILL FEAR THEM , THEY DONT TARGET PEOPLE WHO ARENT AFRAID OR IF THEY DO THEY RETALLATE IN A COUWARDLY FASHION SUCH AS CAR BOMBS AND SUCH NEVER FACE TO FACE JUST LOOK AT THE EXAMPLE OF MY FATHER
HE WASNT AFRAID SO LOMBARDO HAD TO GET 6 OTHER GUYS TO HELP HIM WHY? DO YOU THINK THAT IS BECAUSE MY FATHER WOULD HAVE KILLED HIM THAT DAY INSTEAD.
SO JUST LIKE ANY OTHER BULLY HE HAD TO CRY TO HIS FREINDS TO HELP HIM.. SO MY FATHER HAD 6 OF THEM TO HANDLE AND STILL DID'NT GO DOWN WITHOUT A FIGHT.
AND MY POINT IS MARKUS IS EVEN BIGGER THAN MY FATHER THEY WOULD'NT HAVE A CHANCE HE'D MAKE THEM SORRY THEY LIVED IN CHICAGO.
I have to say that I do not think that the comments made the jury go one way of the other.
If they had any problems with it why didn't they come forward while still in deliberations? Why wait so long to bring it up?
If they had thought they couldn't make a just decision wouldn't they have just hung on all counts...?
Then maybe this whole thing would have had something to back it up.
I guess ExCop has taken a leave of absence from the blog. It makes it alittle quieter around here. No one is degrading anyone for their opinion.
Gee, maybe people shouldn't get so close to such "dangerous" criminals.
Imo, if someone is known to be connected, stay away. The Mob kills only their own, or people that try screw em over.
Mr. Seifert, you are not portraying yourself in a very flattering way. I am not saying this in anyway to belittle you. I care for you.
I was at the trial many times and saw you, you were sitting in front of me on many of the days. I feel sorry for what has happened to you and your family so don’t get mad at me.
1. People who type in blogs or emails in all caps are not taken seriously. Please do not take my word for this, ask anyone. I want the best for you, am telling this to you as a friend. I do not know you personally.
2. Do not threaten people. Violence is bad. I understand you want revenge. The people who killed your dear dad are in jail for life. They are not getting out.
Peace and love to your family.
you need guys like the clown . the breeze ,they are part of good vs evil, right vs wrong, if you think the gov is good you have rose colored glasses on , those that are in power are the real bad guys ,pay attention ,our leaders ,cheat on their wives, take kick backs , send moms & dads off to die for no reason,but not their kids,so dont put down the clown ,lil jim, or the breeze , put down our leaders
I couldn't agree more. He was in biz with the mob, gets out and starts talking to the feds without getting into witness protection. Just what did he think was gonna happen when you break omerta? Sad but true.
Seifert, I'd just leave it be...They are all going to rot in the prison system the rest of their lives - then hell...Don't get mixed up in something you don't want any part of. Whether they are weak cowards or not...All it takes is one phone call it's really not worth messing with. Peace and God Blessings.
There hasn't been any news in a while, is anything going on?
STEVE WARMBIR RESPONDS: Right now, the prosecutors and the defense are filing post-trial motions, which the judge has to rule on before the five men are sentenced. No sentencing dates for the main defendants have been set.
I am Nick Seiferts age and was his neighbor in the Bensenville townhomes when we were kids and his pops got hit by the outfit.
They say it was Lombardo and a few other guys. We grew up hearing the story of the hit.
I moved back to Grand Ave. where I was born and where my family is from and also knew Lombo and alot of the "guys".
Lombo and the guys were always okay with me personally as a few of my relatives were connected. I saw both sides of right/wrong, law/order etc.
It is not always so cut and dried beween what is black and what is white. The "G" is as guilty of crimes like these and worse but fact is this IS about the outfit guys on trial and nothing else.
The way I see it is that even if they DID NOT commit these murders they did many other things and this can be construed as payback for by the karma Gods.
Fact is they were convicted and they will never get out of the joint now. End of story.
I do know Nick Seifert as much as I liked him back then he did used to brag about knowing Lombo and the guys from the crew.
Brag about how they helped out his family, which I
find difficult to believe and how they would send him gifts on holidays etc.
I guess I now liken it to a young kids boastfull rants and raves on his supposed connections or maybe a way he dealt with the pain of his pops murder.
All I can say is I have been witness to two sides of the story. Some of these guys, names to go unmetioned, as good as they were to me didplay a large part in helping my life spin out of control and were a large part of the reason I ruined alot of it and now live with alot of guilt and bullshit.
BUT IT WAS MY CHOICE NOT THIERS in everything involvement I did have no matter how big or small my involvement. I have been blessed with a second chance at life and do NOT take it lightly.
My point to Nick is LET IT GO KID. Live your life like your pops would have wanted you to.
I pray for you and for those who like you lost to the outfit but don't let in ruin you.