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Sentencing dates for Family Secrets five cancelled

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The sentencing dates for five defendants in the Family Secrets case have been cancelled for this week and next. It appears they were reset because of a bureaucratic error in not getting the defendants their presentence investigation reports soon enough before their sentencing hearings. The defendants in question are Frank Calabrese Sr., Anthony Doyle, Joseph Lombardo, James Marcello and Paul Schiro. No new dates have been set. We'll post them when we have them. Tip of the hat to the astute Outfit on Trial blog reader for the heads up on this matter.

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9 Comments

your welcome. so any clue as to when we might know something? Did all 5 not get their papers on time?

STEVE WARMBIR RESPONDS: All five defendants said they did not get their pre-sentence investigation reports on time. The federal rules of criminal procedure say they are entitled to the reports 35 days before sentencing. I would expect to know something in fairly short order about the new sentencing dates. As soon as I know something, I'll post it on the blog.

Complicating matters likely may be the winter holidays. One defense attorney, Joseph Lopez, has already indicated in his motion that he will be unavailable from late December to early January.

I definitely get the sense, though, that U.S. District Judge James Zagel wants these sentencings done sooner rather than later.

Steve I Just Heard that Frank Calabrese had Heart Sugery,Do you know any details?

STEVE WARMBIR RESPONDS: Frank Calabrese Sr. had a heart attack and had a pacemaker inserted in October, according to his attorney, Joseph "The Shark" Lopez.
Lopez says his client is in poor health and has lost weight.

so are we supposed to feel bad for him then? does he think the judge will lighten his sentence for that?

illinois youve got it going on,with the arrest of the govenor ,for what corruption, the family secrets trial free the clown , free the breeze and lil jimmmy

What are the advantages to the defendants in delaying the sentencing? It's not as though they are free men. Is the point of pushing for delays to buy time to find some problem with the process? Is the MCC that much better than the prisons to which they will be sent?

Also, since Mr. Mars had passed away and Mr. Scully has retired, has all the work fallen to Mr. Funk? Is the superceding indictment coming on the Polchan/Volpendesto case going to be another massive case? Or will it just be tying together loose ends?


STEVE WARMBIR RESPONDS: You're right in noting that most of the men, with the possible exception of Doyle, are going to be spending the rest of their lives behind bars anyway.

The delay gives their attorneys more time to deal with sentencing issues and file responses to the reports that recommend the prison sentences for the defendants.

I don't believe the MCC is better than the types of prisons these men will be headed to. These men are not going to the country club federal pens, given what they are convicted of.

Mr. Funk is now the lead prosecutor in the case, but he has some help with other prosecutors assigned to the case.

I doesn't look like the Polchan case is going to be another huge case like Family Secrets, but it could get interesting. Stay tuned.

Steve,

So did Nick Calabrese walk?

STEVE WARMBIR RESPONDS: He's still in custody. He gets sentenced next month.

What do you think is a likely sentence for him?


STEVE WARMBIR RESPONDS: I'm not sure which of the defendants you're talking about, but all of them, with the possible exception of Anthony Doyle, face spending the rest of their lives in prison.

Steve, I Like to Comment on Steven`s Question. The Reasons the Defendants are Delaying their sentencings are, one they have nothing to lose in delaying the sentencing process, and Two Their families are here in Chicago,When they get sentenced they can be sent across the Country,So for them they would rather stay at the MCC in Chicago, if for nothing else to make it easier on their family visiting them.

Thanks, "mob expert."

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Steve Warmbir

Chicago Sun-Times reporter Steve Warmbir gives a run-down of the trial, witnesses, court proceedings and more.

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This page contains a single entry by Steven Warmbir published on December 8, 2008 2:55 PM.

Frank Calabrese Sr. asks for a delay in his sentencing was the previous entry in this blog.

Bad news for the mob in Italy, nearly 100 arrested is the next entry in this blog.

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