John Ambrose
Deputy U.S. Marshal John Ambrose has lost his bid to get his admissions to investigators kept out of his upcoming trial on charges he leaked secrets about a star federal witness to the Chicago Outfit.
Ambrose was arguing that any statements he made during a September 2006 interview with U.S. Attorney Patrick Fitzgerald and FBI Special Agent in Charge Robert Grant were coerced and shouldn't be used against him.
Ambrose is accused of leaking details of the witness statement of a man he was supposed to be guarding as part of the witness protection program - mob killer Nicholas Calabrese. Calabrese was the star witness in the Family Secrets trial last year.
U.S. District Judge John Grady found that Ambrose's attorney, Francis Lipuma, raised several good points but rule that prosecutors Markus Funk and Diane MacArthur offered rational explanations for each of Ambrose's complaints.
The interview took place in Grant's large conference room at FBI headquarters. One of Ambrose's bosses lured him there on a ruse. Investigators wanted to talk to Ambrose in a location where he wouldn't be armed, and all visitors to the FBI offices had to leave their weapons at a guard shack.
During the interview with Grant and Fitzgerald, Ambrose asked to go to the bathroom a few times. He was allowed to go, but was accompanied by several agents. The agents even came into the bathroom with him, but not into the stall.
Ambrose pointed to this as an example of over-the-top intimidation tactics. Law enforcement witnesses said they were worried Ambrose could harm himself after just being confronted with evidence of his alleged wrongdoing. And they argued that no visitor to the FBI office goes anywhere unaccompanied, even to the bathroom.
The judge suggested the FBI might have gone a little overboard but found the government's explanation plausible.
Despite losing his motion, Ambrose is still going to trial, his attorney said.
The government has three key pieces of evidence against Ambrose.
They have secret tape recordings of mob boss James Marcello talking with his half-brother, Michael, about "The Babysitter," a secret source the mobsters had inside the Family Secrets investigation. The Marcellos don't mention Ambrose by name, but reveal enough details about Ambrose to identify him, according to the feds.
The feds also have Ambrose's thumb print inside the witness protection folder for Nicholas Calabrese, showing Ambrose looked inside. There was information in the file discussing what Calabrese told investigators about who was involved in various mob hits.
And after winning the court hearing last week, the feds still have Ambrose's statements to them, in which he allegedly admits to many of the allegations.
When is this Ambrose`s Trial supposed to start?
STEVE WARMBIR RESPONDS: Ambrose hasn't been given a trial date yet. He just lost his attempt to get two counts against him thrown out.
Haven't heard a word about this trial,is he under custody I worked with his father Tom many years ago its a shame he got involved with the wrong people.
STEVE WARMBIR RESPONDS: His trial is set for Feb. 17. He is not in custody and out on bond.
Steve, Just wondering if that trial date is still set for Feb 17,on John Ambrose or was it changed. Thanks
STEVE WARMBIR RESPONDS: The new trial date is April 13.
I THINK IF THE F.B.I. ACCOMPAIED HIM TO THE BATHROOM, I WOULD THINK I WAS ARESTED.
HOW MENY OTHER THUMB PRINTS WERE ON THE FILE OR CABNET?
JAMES MARECLLE DID NOT SAY HIS NAME, DID HE KNOW HE WAS BEING TAPED? IF NOT WHY DIDN"T HE NOT USE THE PERSONS NAME? SOMETHING
JUST DOESN'T SOUND RIGHT.
STEVE WARMBIR RESPONDS: I don't know how many other thumb prints were on the file. The point is that Ambrose had the file and so had access to the information he is accused of passing along.
James Marcello didn't know he was on tape, but he assumed he was and referred to everyone by nickname or in some sort of code when he was talking to his half-brother Michael Marcello about sensitive mob business.