The five defendants in the Family Secrets case lost their bids at new trials after a federal judge shot down their arguments that they didn't get fair trials because of insufficient evidence, prosecutorial misconduct, guilt by association, juror misconduct and other allegations.
U.S. District Judge James Zagel rejected the men's requests in a 24-page ruling.
Defense attorneys for four of the men had tried to get new trials after it came to light after the verdicts that Calabrese Sr. had allegedly uttered a threat during the closing argument of federal prosecutor Markus Funk.
Defense lawyers compared Calabrese Sr.'s remark to the antics of a defendant in another case, Aaron Patterson, who engaged in a variety of antics at his drug trial, including physically attacking two defense attorneys. Patterson's co-defendant appealed his conviction and got a new trial because of Patterson's actions.
But Zagel ruled that Calabrese Sr.'s statement did not rise to the level of Patterson's misbehavior. Zagel noted that the defendants are entitled to fair trial, not perfect ones.
And he pointed to the jurors' verdicts to underscore the point that Calabrese Sr.'s statement did not affect the fairness of their deliberations.
The jury found all five defendants guilty of racketeering. But four defendants were accused of murder, and the jury did not find them responsible in each case.
Zagel said such a verdict also showed that the jury could distinguish between each defendant, and there was no need to give the men separate trials.
Steve, what happens now?
In Chicago, have incarcerated mobsters been known to run operations from jail? What happens to these higher up guys who in their sixties and seventies but have life sentences?
Also, do mobsters with big mouths like Calabrese incur the wrath of other Outfit guys? Are other mobsters pissed at him for blabbing all those secrets to his informant son? (e.g., Do guys like DiFronzo or Marcello have it in for Calabrese?) Has there been any conversation/arguments amongst the defendants throughout this trial?
STEVE WARMBIR RESPONDS: Mobsters have definitely been known to try to run their operations from prison. Look no further than one of the defendants in the Family Secrets case, James Marcello. The feds secretly taped Marcello passing along instructions to his half-brother, Michael, about mob business when Michael Marcello visited him in prison.
I've heard that other high-ranking mobsters are quite upset with Frank Calabrese Sr. and feel they wouldn't be in the position they are in without his own recorded voice confirming large portions of his brother Nick's testimony. There wasn't much contact between the defendants at trial.
What happens to the mobsters after they are sentenced? Well, given their age, it's essentially a life sentence, so they die in prison.
The fascinating question is this: how will the judge sentence mob killer Nick Calabrese. His testimony was essential at putting away a lot of bad guys. But he killed a slew of people, so it's going to be difficult for the judge just to release him out into society.
Steve let me say one thing on Frank Calabrese, If it were the old days of La Cosa Nostra,here in Chicago,Frank Calabrese would not have even made it to Trial.He would be Dead Period. He Committed a Mortal Sin in The Mob by speaking about hits, Ceremoneies, and ways of the Mob.He should of Known better.I`m sure Angelo "the Hook LaPietra is turning over in his grave. Especially that the Hook was
his mentor.
STEVE WARMBIR: "The fascinating question is this: how will the judge sentence mob killer Nick Calabrese. His testimony was essential at putting away a lot of bad guys. But he killed a slew of people, so it's going to be difficult for the judge just to release him out into society."
I agree. I hope the judge doesn't just let him off with time served and a few additional years behind bars like some New York judges I could mention have done with quite a few turncoat mobsters (and confessed multiple murderers) in New York. Now, I doubt he will be a danger to society. All of the murders he committed were obviously done because he was ordered to do them. So he isn't going to go around killing people randomly like some psycho serial killer. But, he killed or helped to kill, what, fourteen people? He should die in prison like the rest of them. Maybe he should be allowed a few perks -- cable television in his cell, a low-security prison, maybe three showers a week instead of two, etc. But he should not be allowed to walk the streets of Anywhere, U.S.A., in a few years. He's a self-confessed murderer. And prison is where murderers belong.
But, look at Lenny Patrick back in the early 1990s. He confessed to six murders and extorting people and a litany of other crimes and he got 6 1/2 years. He even lied on the witness stand and only got another year added to his sentence. That's wrong.
Are Frank Jr. & Kurt Calabrese in the Witness Protection program?
Also, is there any buzz/rumor that any of these high-level convicted mobsters may turn into government witnesses?
STEVE WARMBIR RESPONDS: Neither Calabrese son is in witness protection, as far as I'm aware. No rumors on any of the high-level convicted mobsters cooperating.
I WAS AT THE TRIAL AND I SAW KURT THERE SO WHY WOULD YOU ASK THAT OR DID I MISS SOMETHING TO SHOW REASON FOR HIM TO BE UNDER PROTECTION? I KNOW HE DIDNT TESTIFY BUT HIS NAME DID CAME UP DURING THE TRIAL AND IVE READ THE BLOG FROM THE START. STEVE,DO YOU THINK HE WILL SHOW UP TO SEE HIS DAD SENTENCED AND WHAT ABOUT THE OTHER BROTHER? THE SAME FOR THE UNCLE?
STEVE WARMBIR REPSPONDS: I have no idea whether Kurt or Frank Jr. will show up for the sentencing hearing for Frank Calabrese Sr. We'll have to see what happens at the hearing. I doubt Nick Calabrese will be in attendance, since he is in protective custody. I didn't understand the question on protective custody for Kurt either, since he had nothing to do with the trial, other than being related to two people charged in the case.
These guys killed more people then cancer, so it's time to pay the piper. Also they are cheaper then cheap, it was what in it for me no one else