As U.S. District Court Judge Ronald Guzman read the guilty verdicts in the trial of reputed Cicero mob boss Michael Sarno, family members of the defendants let out sighs and gasps and began crying.
Mark Polchan, a high-ranking member of the Outlaws motorcycle gang, began shaking his head back and forth and later was heard to accuse prosecutors of being liars as he was led out in custody. He faces about 50 years in prison.
Sam Volpendesto had his head in his hand as he began hearing the guilty verdicts. Volpendesto faces about 50 years in prison too, and at 86, that's a life sentence.
Sarno kept his head down just before his verdict was read then reared back and started bobbing in his seat as the guiltys rolled in. He looked over at his wife and daughter who were crying. He faces about 25 years behind bars.
As the judge announced he was guilty of racketeering conspiracy, Anthony Volpendesto held up a piece of paper with writing on it, but what was on it could not be determined. Volpendesto has filed a variety of unusual, unsuccessful motions contesting his innocence. He faces about 20 years behind bars.
Casey Szaflarski, the video poker king of the Chicago area, was stoic as the verdict was read, but his family and friends, who filled a row in federal court, began crying as well. Szaflarksi faces much less time than the other defendants because he wasn't charged with the racketeering count, but rather with illegal gambling and tax crimes, which carry lesser sentences.
While prosecutors weren't allowed to bring up organized crime at trial, expect them to use it at sentencing.
ya i saw all the families of each defendents, it broke my heart to see and hear the families cry, scream and ball! its said to see Mark Polchan's family was unable to attend the hearing of the verdict becuase they didnt have enough time to get down to the federal builiding in time. This man has 3 young child all under the age of 13, they are unable to see their father 3days before christmas, its awful.
Seeing the other families of Mike Sarno and Casey S. it was hard to hold my own tears back. The daughter of Mike Sarno was shaking screaming and crying throughout the reading of the entire verdict. I dont understand why the judge didnt have any sympathy towards these defendents at all. Family is the most important thing in these mens life and now they are unable to share this holiday with their loved ones. Both Judge Guzman and the Judge for Gov. Ryan had NO sympathy and NO HEART to allow these men to see the ones who truely matter in their life.
find it very odd the jury asked for christmas eve off and the judge said no and later on they came back with a guilty verdict doesnt that seem odd if they thought they were all guilty why were they worried about being there on christmas eve maybe they just wanted to get out of there and guilty was the easiest way to do it and when jury members cry as they are trying to get out the word guilty it makes me think they were i dont know maybe pushed into it total nonsense you had witnesses say they were liars and say they dont remember things they said to the feds just weeks ago our government is the most corrupt group out there i hope someone knocks that turbin off that prosecutors head
to the jury who made a quick decision (eight hours) in a six wk long case. to the the not so honorable judge that wouldn't give the jurors their day off (Christmas Eve) so that they hurried and made a quick decision. to the not so impartial judge that favored the prosecutors ninety five percent of the time. to the jurors that fell asleep during the trial and did not take notes or the time to look over the "real" evidence. It is no wonder why the prosecutors wanted you! to the FBI agents, Ms. Tina in particular, for her conceiving ways, to the jurors that cried while they were reading their own verdict! Why would you cry if you believed in your vote? Were you pressured to make a hasty decision (eight hours on a six week case) so that you would be home for Christma,? to the people in this world who are quick to judge, to the people who have the nerve to gossip about the family members of the men on triall, after all haven't they gone through enough without you having to talk about them on the web or at work (cold hearted "colleague" ) who couldn't have the nerve to even sign HER name , you know who you are! to the media who wrote in length about the prosecution side and about Sarno's weight but couldn't write fairly about the defendants side. There is so much that went on in that court room that the media never even touched! I am greatly disapointed in the media, the jurors, the judge, the quick to judge, and how our government allowed this case to be covered. It makes me sick that the scumbag cop got four years! It disgusts me how the FBI worked on this case. It scares me that our justice system allows career criminals and lyers to say whatever they want so that they can get a lighter sentence and that the jurors would believe them, even after they perjured themselves so many times while under oath.
I know who my judge is when I die. It is not the weak or mindless jurors, it is not the "impartial" judge, it is not the colleague that I wrk with who want to talk crap at a time like this. It is not the FBI agents for their tactless ways. God is my judge, Jesus is my savior. God bless the families, friends, and loved ones to the five defendants
STEVE WARMBIR NOTES: Everyone is entitled to his or her opinion, so with that principle in mind, I allowed the above post through, with some slight editing. Please note that I have to approve or decline every post, so creative spellings or abbreviations of obscenities aren't worth any contributor's time. Usually, I just won't bother to post it.
Also, I'll note a few facts for people who may have not seen the trial or read much on it. The jury was out a little more than two days. That's definitely short for a six-week racketeering trial, but it's more than eight hours. The judge certainly ruled more often for the prosecution than the defense, but the defense got some rulings in its favor, even some significant ones.
A few jurors were tearful, and one woman was clearly crying, but just to put it in context, I've seen jurors crying before in other federal and state trials.
Each juror was polled in this case, right after the verdict was delivered, and each one affirmed out loud his or her guilty verdicts. I would note in the case of Michael Sarno and Mark Polchan, their attorneys acknowledged in their closing arguments, that their clients were guilty of some illegal behavior, but definitely not racketeering conspiracy, which was among the most serious charges in the case.
Any contributor is welcome to comment on the media coverage of the trial, negatively or positively. The Sun-Times detailed in the coverage in the newspaper and on the Internet that the three major witnesses for the government were two career criminals and a crooked cop. A Sun-Times story laid out, for instance, Kyle Knight's lengthy criminal history.
The defense, though, in its case in chief, put on one witness — none of them the defendants — so there was little to cover in terms of the actual defense case in terms of people taking the stand.
And a minor point, the agent referenced above is an ATF agent, not an FBI agent. The ATF played a significant role in the case, as did the FBI.
25 to fifty years ! People commit murder, rape, and child abuse an;d get less. What is this case really about? Seriously. Is there something else going on here? Are the prosecutors/agents trying to justifying their salary and expenses paid for the last nine years? This sounds ridiculous to me ; video machines .....wow.....oh is the gov't mad because they weren't making the money off video poker machines? They will soon. Soon those machines will be everywhere and the gov't will split the proceeds. twenty five to fifty years and the prosecutors will probably bring up the outfit at the sentencing hearing? Did someone get killed or hurt during the homemade pipe bomb weapon? Was there blood everywhere? Were people lying deAD IN THE streets or destroyed building? Were people being identified by their teeth or handprints.? Im surprised the gov't didn't hurry up and pick up the gold crowns of the dead people the died in this bomb, and try selling them to another pawn shop. Im surprised Hay was buying heroin for his girlfriend on the corner while the bomb went off. Oh thats right, Hay and Fomatto were robbing a house directly across from where the bomb went off......isn;'t that something. I hope Vinnie moves far away, I hope Hay, Knight, and Formatto rot in hell.
Im done. After all we can complain, bitch and moan all we want. We should all just enjoy our freedom and look up to our great court/justice system for it is great. LOL
Any idea why they remanded Sarno into custody right away ?? Flight risk? Danger to others (that is, they want to keep him from communicating with other mobsters perhaps, or ??)> I mean, waiting in Cook County Jail (presumably -- many convicted but unsentenced felons wait there), all the way until May?? He was already out on bail for so long and had never tried to flee. I was wondering if the judge or anyone made any note of why the need to put him into custody all the way until May was so urgent?
Also, were the charges he was convicted of federal or state?
STEVE WARMBIR REPLIES: He was convicted of federal charges. He is in custody at the Metropolitan Correctional Center. It is typical for prosecutors to ask for someone to be taken into custody after that individual has been convicted of a crime of violence.
that is the end of the old time outfit "street crews" if you want to call sarno's motley crew a street crew....this case was really about clearing the way for some connected hack to put the machines in when they legalize gambling in IL. Sarno and Casey where given up to the wolves...to give the feds a feather in their cap. Any one with a brain is shaking there head wondering why the federal law enforcements groups have spent decades in cicero and berwyn only to shut down small time bribery and racketeering activities and spent millions watching a pawn shop within blocks of one of the largest drug markets in the world..all the while allowing mexican drug cartels and street gangs make hundreds of millions of dollars more than this sarno operation. these guys are probably guilty of crimes but the ends of shutting this down and putting these guys away for decades and giving the criminals who testified time off is not justice...its game. dear federal law enforcement go after the drug business and the human sex trafficking...I will give you a clue its under your nose all around the pawn shop you've been bugging.
I WOULD LIKE TO KNOW WHO IN THE JURY IS GOING TO COME CLEAN AND CLEAR THEIR CONSCIOUS FOR FINDING MEK SARNO GUILTY ON ALL COUNTS, HOW COULD YOU LIVE WITH YOURSELVES. IF YOU BELIEVE IN GOD YOU WILL DO THE RIGHT THING PLEASE. ALL OF YOU KNOW THIS WAS WRONG. IF YOU JURORS KNEW MIKE THERE IS KNOW WAY YOU COULD FIND HIM GUILTY ON ALL COUNTS. EVERY PERSON THAT I TALK TO SAYS THE SAME THING THE TRIAL WAS A JOKE AND THEY DIDN'T HAVE IT ALL ON MIKE, ALSO FIRST JURORS ASK FOR TRANSCRIPTS AND ASK FOR CHRISTMAS EVE OFF, WE ALL HAD A GREAT FEELING THAT ALL YOU JURORS WERE GOING TO BE FAIR, BUT I GUESS NOT, YOU RAILROADED MIKE AND HIS FAMILY, IF ANYTHING. YOU COULD HAVE FAKED AND AT LEAST LET MIKE AND HIS FAMILY HAVE ONE MORE CHRISTMAS TOGETHER, BUT NO YOU ALL THOUGHT OF YOURSELVES.
PLEASE PLEASE SOMEONE COME FORTH AND TELL THE TRUTH.
Will the government attempt to prove that Sarno murdered Tony Zizzo at sentencing? Will they outline any other acts of violence that Sarno and his co-defendents were involved with?
STEVE WARMBIR RESPONDS: Federal prosecutors haven't said what they are going to do at sentencing, although it wouldn't be surprising to see them reference Sarno's reputed leadership in organized crime in Chicago and his history of violence. While prosecutors suggested in a court filing that Tony Zizzo died after being involved in a dispute with Sarno, I'm guessing they won't use it at sentencing.
Will the Santiago Proffer be released now?
STEVE WARMBIR RESPONDS: I doubt it.
There is something definitely wrong with our legal system. These guys are convicted based on the testimony of known liars, drug addicts, and crooks and they're facing prison sentences. The jury made a rush decision in order to spend Christmas eve with their families, plain and simple.
Then, you have a guy like this:
http://www.suntimes.com/3066589-417/clements-funches-dog-judge-county.html
Who murders someone in cold blood over something as meaningless as a dog urinating on his lawn, and they give him 4 years probation?
What is going on in this country
Hi Steve,
Do you know when sentencing is? Will that also be open to the public?
Thanks,
Nick
STEVE WARMBIR REPLIES: Sentencing is set for May 23 and open to the public.
To all the comments relating to the jury:
Wow, we really do have some ignorant people in this world - especially in Chicago it seems. I am not even sure what to cover first so I am going to be short and brief.
The jury rushed so they could spend Christmas with their families - plain and simple? How about their was enough crystal clear evidence to convict all 5 men on all 15 counts - that seems a lot more accurate.
For all comments regarding the state of some of the jurors during the reading of the verdict - I am sure their tears were not because they felt guilty but the overwhelming emotion that was occurring at the time. Taking men away from their families especially around the holidays, is emotional and sad in any situation.
I am sure hearing the sobbing families was no help either. However, these men were convicted of their crimes and the jurors obviously had enough clear evidence to agree upon this.
I understand that family is so very important to these men (as it is for most people in this world) but they should have thought about that before they broke the law and harmed so many people. Fact is, these men were a threat to our society and citizens all over - may justice be served on May 23rd for all of the families harmed by their horrible deeds.
Wow! Is there a sense of prejudice here about Chicago people?
What is crystal clear is that the jury did not read,listen, or give their full attention in the courtroom while this trial was going on or in the jury room.
Not all the defendants were involved with the heinous acts that took place.
Kyle Knight with the "creepy laugh", Mark Hay (the man who stabs old people), their credible? They're not a threat to society? Hey you never know, maybe 1 day Mr. Knight may be your neighbor.
The way people talk about these guys, as though they were just innocent civilians who were randomly targeted by the federal gov't for persecution, is nauseating frankly.
Sarno is a career criminal, plain and simple. Same with the Volpendestos. One does not rise to the upper echelons of the Chicago mafia by just being a nice old family guy who only cuts a few corners here and there and maybe has something to do with some video poker machines (which the state wants to legalize now anyway). That makes it sound like he's not all that bad a guy. But that's not how it works. This is a guy who has already done time for a racketeering conspiracy, a known Chicago area gangster plain and simple. Loan shark and extortionist. Connected in various ways to (but never convicted of) Chicago gangland murders (the above-mentioned Tony Zizzo disapperance is just one of them).
Drug dealers are testifying in court that they were scared like hell of this guy, he's wiretapped talking about "points" (which is the "vig" on illegal usurious loans), he's got lower-level thieves asking him if it's "ok" to hit certain dice games, he panics and hangs up when another guy mentions other known Chicago mob figures, he gets in a verbal confrontation with an apparently non-mobbed up competitor who insults him -- then the competitor's business is gutted by a bomb.
He knows the feds are watching him (what innocent family man has to worry about that??), and takes pains to make their job difficult. I mean it's so obvious this guy is the real deal as far as being a gangster and being guilty as charged that it's ridiculous! Loves his family?? No doubt. So did Tony Accardo, Sam Giancana, Anthony Spilotro and just about any other Chicagoland mobster you can name ! Missed Christmas at home? Too bad. So did Anthony Zizzo the past several years, Antony Chiaramonti, Michael Oliveri (no angels all of them, granted, but still - they will be permanently missing Christmases at home).
If I were the judge, given Sarno's record and known mafia involvement, I'd lay down the full 25 year stretch, make him serve as much as legally possible -- and not in some minimum security country club prison for white collar offenders either (which he won't get because some of his crimes are violent and he's not a white collar offender in any case...).
Maybe the next two decades of missed Christmases will drive the point home that crime ultimately won't pay. With all the legit people out here having a hard enough time making ends meet as it is in this economy in this country today, should we really be shedding tears because some career criminals making a very dishonest living stealing from others just got put away??
And for any Italian-American readers who want to play the ethnic card, or anything like that, guess what? I am too so don't bother. My father worked hard and never committed any crime even though he needed the money, and my grandfather dug holes in construction, until he died, literally.
These kinds of Italians are the scourge to us all and the embarrassment to Italian last names. In the old country they are working just as hard to break the death grip of the mafia in the various regions where this all stems from, where it was born. Over there you can get prison time just for known membership. I write this as a direct response to the sanctimonious BS I keep hearing from friends, family members, or other (misguided) "supporters" of these guys. Get real, open your eyes ! Kudos to the jury, you all did the right thing. Don't be intimidated by, or charmed by, these guys. Happy new year.
Nicely written, well thought out and you sound very knowledgable of this case and crime related to this area or subject at hand. My question to you, if you don't mind answering honestly; Did you sit in the Sarno trial for the six week duration to know if the jury did do a good job and not a "rush" job in going over more material than the they had on Blago. Some times things are neither black or white, and we must decide how much gray there is inbetween. I believe this case had too much gray to quickly decide a verdict for five individuals charged on five different charges. Which also makes me wonder (Steve maybe you can answer this) How is it that Casey was charged only on taxes, and not Sarno?
STEVE WARMBIR RESPONDS: I can only speculate on why Casey Szaflarski was charged with tax crimes and not Michael Sarno, since prosecutors don't discuss their rationale for charging certain defendants with certain crimes. If you look at the case, the prosecutors had a basis for establishing Szaflarski's income — the testimony from the bar owners on how much the video gambling machines made and what the split was — but didn't have such an evidentiary basis for establishing Sarno's income. Some of the bar owners were granted immunity for their testimony, and some of them acknowledged still engaging in illegal acts, but the jury in the end believed their testimony and that of the IRS agent who did an analysis of Szaflarski's estimated income versus what he put on his tax returns.
Dear anon Westchester; It is obvious that you were not present at this trial. It is also obvious that your not a Mike Sarno fan. The truth is this: 158 pages of jury instructions, 70 audio cd's, carts of physical evidence such as (blankets, playstations, empty cigarette cartons,) binders full of transcripts. There was plenty of wrong doing in this case and it was done by 3 witnesses that received immunity. There were videos of men that were actually zip tying a woman's hands/feet. Covering her head, and making her lay face down on the floor of her jewelry store at gunpoint. It wasn't Mike Sarno nor was it Sarno ordering that robbery. It was a defendant that is actually serving time for that crime and 1 of the witnesses that took the stand against some of these defendants. A meth/crack user, a guy that had books on how to make bombs, fireworks. You name it he could create it. He gets immunity. He stabs an 80 yr old man and was never charged with attempted murder? While undercover, he commits crimes and the U.S. government gives him a slap on the wrist. So long as you bring someone down that they want, they will give him the world. They didn't even know Sarno. The reason for the blogs is not because the families are boo hooing, they are upset because it was not a fair verdict for some of the men. The jury rushed their verdict because they were not allowed to have Christmas Eve off. The ol' rule of thumb is; 1 day for every week on trial. 5 weeks of trial should have been 5 days of deliberations. There was a defendant on that case that should have been granted severance. While he sat at that trial is beyond anyone in the courtroom. Gambling/taxes. He was audited twice and came out with a clean bill of health. That was never allowed into evidence. Why? C'mon he did not even know 2 of the defendants. He was charged nearly 2 yrs. after this case had been going on. That is why the jury did not do their homework. They never listened to "all" the evidence especially pertaining to this defendant. Another was charged with the bombing and was never at the scene. Fair is all the families wanted...I don't think anyone is pinning stars on Sarno, but there was not a video, a phone call, of him ordering or robbing anyone. So he got upset when someone mentioned another man's name on the phone. What did the jury know about that? Nothing, because the word "mob" "organized crime" "outfit" could NOT be used because it was not an organized crime case, and it would not have been fair to 1 of the defendants if that language was used. Everyone is entitled to their opinion, especially the people that are haters of certain individuals that were involved in this case. Beyond a reasonable doubt. The jury did not deliberate on that basis.
i would just like to say my heart goes out to all the familys that had to sit through that brutal trial of COMPLETE NONSENCE. Casey Szaflarski is a sick man who is the nicest man. it was clearly shown in the court room that he should have been not guilty. I wish someone in the jury would come clean and just admit that the desission they made was not the right one....i mean if it was, then why were 4 jury members crying hysterically while the judge was revealing the verdict....just doesnt make sence to me. Casey Szaflarski is a sick man who's body is slowy shutting down. He wasnt even allowed to stay at his oldest daughters wedding. thats pretty sick and twisted if you ask me for a man who didnt even get proven guilty or not guilty yet. he didnt get to spend one of the most important nights of his daughters life with her. the only good think about him being on house aresst is that he actually gets to rest....thats right hes sick in bed all day long because he cant move his body due to a tumor that was in his spinal cord WOW "HES A REAL TREATH TO THE COMMUNITY" i think not.another thing i want to state that no1 in the court room could know was that casey was offerd a plea agreement to just say your guilty HE DENIED IT BECAUSE HE DID NOTHING WRONG. these next 5 months he gets to spend with his family are going to be ones that they will cherish. its sadhes not going to be able to seehis oldest daughterschild all the time, for a long time. ones again i would like to say my heart goes out to all the family members, i almost wish we were back there in the court room just a few weeks longer waiting so that the jury could have actually realized that this whole case was pennys....
Well said!! Casey is one of the most HONORABLE man around. He works hard, and loves his family. I don't think he ever got a speeding ticket. If i was on the jury, i sure would have a hard time sleeping. I hope they enjoyed there Holidays. maybe someday one of them will be on trail !!
The last two posters are both correct about casey, but unfortunately thats what happens when you collect money for outfit run poker machines. When competition comes in, they attempt to eliminate them. A person like Casey who is not involved in the violent end of the business has to suffer also because of his partners. He probably would have never been noticed or had any legal problems if they did not bomb his competitor. He knew the risk, unfortunately he was not in control of the decisions that were made. Hopefully he will receive a light sentence because he was not involved in the violence first hand.
All is true about Casey except that C&S was not his competitor and he was not involved with the other 5 defendants. Especially where business is concerned;There are hundreds of other amusement companies out there doing the exact same thing. Check the yellow pages.If anything, people were trying to snake him. Unfortunately he had to sit in on a 5 week trial that unraveled things "his so called friends" were doing behind his back. He was generous enough to give machines as a gift, and the result cost him a conviction. Mike Sarno is a convicted felon that could never have owned an amusement company.
Personally, I think there was no hard-evidence to sentence any one of these men. At the very least, there should have been a hung jury (maybe if they weren't concerned with Christmas Eve) Now thanks to a rush decision, they've ruined lives.
Based on the evidence presented, there was no case at all. This is just a witch hunt.
Good grief. What is with all the defenders? I don't know any of these men. I don't know if they're innocent, guilty, or somewhere in between.
But I do know quite a bit about the Outfit and please, please, please people: IF THESE PEOPLE *WERE* INVOLVED IN ORGANIZED CRIME, YOU WOULD NOT KNOW ABOUT IT.
Outfit members and associates barely talk to each other about what they do. Generally wives and kids are also clueless.
So just because you knew person A from "around da corner" and think he's a nice guy doesn't mean he wasn't involved in some shady business!
LET'S TURN THE TABLES!!! What about Vince Dublino, The poor victim ?? I have to wonder his about his character??? There are hundreds of other amusement companies out there doing the exact same thing. Check the yellow pages, OR, did he have other people that disliked him? OR, Do you think he did this himself ??? OR,Was he a plant, to try to entrap Mr.Sarno ????? I find it very hard to believe that he would buy a home a block away from Mr Sarno, and walk his dog past his home, and not know it was Mr Sarno's HUMMMM, IT''S LIKE PUTTING THE WORM IN FRONT OF THE FISH.
As for Mr.Sarno , I think he valued his freedom, and fully knew that he was being watched, So i think he did his best to keep his nose clean, avoiding anyone or anything to jeopardize his freedom. As an American, he has the right to read a newspaper, have as many cell phones as he wants, an eat at any restaurant he wants, and that he did !
Unfortunately for Mr.Sarno it seems that he ran into people in PUBLIC that the government did not think highly of!. IT'S TOO BAD HE DID NOT RUN INTO PRESIDENT OBAMA AT THE RESTAURANT, I GUESS THAT WOULD MAKE HIM A PRESIDENTIAL AID !!!!!
SHAME ON THE JURY!! , REMEMBER, BEYOND A REASONABLE DOUBT !!!!
ATTENTION JURORS ! ! ! !
PLEASE COME CLEAN YOUR YOUR RUSHED VERDICT, WERE YOU INFLUENCED
WERE YOU IN A HURRY TO GET HOME FOR CHRISTMAS.
ALL EVERYONE WANTS IS THE TRUTH PLEASE.
THIS IS ALSO FOR YOU STEVE WHAT DO YOU THINK, I KNOW YOU ARE SMART
MAN AND NO ONE WILL HOLD IT AGAINST YOU IF YOU SAY THAT THE JURORS
CAME BACK TO FAST OR THEY SHOULD HAVE FOUND SOME OF THEM NOT
GUILTY.
STEVE WARMBIR REPONDS: I haven't talked to jurors, so I don't know what motivated them. The jury came back quickly for a racketeering trial, but it certainly wasn't the fastest I've ever seen a jury come back, and the speed of their verdicts won't form the basis of a successful appeal. It's not up to me to give an opinion on whether the jury should have found the defendants guilty or not guilty. I would note that three of the defendants' lawyers acknowledged their clients were guilty of some crimes, just not racketeering conspiracy, so I think it's difficult to argue that some of the defendants should have walked on every charge. As to the other defendants, Sam Volpendesto implicated himself on tape, although the defense argued he was a confused, old man. Casey Szaflarski had roughly a dozen bar owners testify against him and was caught on videotape. I understand his family and friends believe he's a great guy who should have never been charged, much less convicted. But compared to the other defendants, and what he was charged with, the evidence against him was among the strongest cases the prosecutors had (or least weak, depending on your perspective.) I am speculating, but I imagine the jury had trouble believing that Szaflarski had no idea these machines were paying out to gamblers. And that was a key prong to his defense.
STEVE WHY DID'NT YOU MENTION MIKE SARNO DO THINK IN YOUR MIND AND I WILL NOT HOLD YOU TO IT. DO YOU THINK MIKE SARNO SHOULD NOT BE GUILTY
ON ALL COUNTS MAYBE ONLY GAMBLING WHICH HOLDS POSSIBLY A 5 YEAR SENTENCE INSTEAD OF THE 25 YEAR. WHAT DO YOU THINK AND I DONT WONT NO MUMBO JUMBO ANSWER, I WANT YOUR HONEST ANSWER.
THANKYOU
STEVE WARMBIR RESPONDS: It's not my job to proclaim a defendant innocent or guilty. I'm not a pundit. My job is to report the facts and give some analysis. And at the end of the day, the opinion that has the most consequence is the jurors', and they have spoken.
So you may consider this answer mumbo jumbo — whatever that means — but this is the best I can do for you.
Sarno's attorney acknowledged his client was guilty of illegal gambling, so I would have been surprised if the jury hadn't found him guilty of it.
As for the rest, Sarno's defenders essentially point out there was no smoking gun evidence against him. Sarno wasn't caught on tape, verbally ordering the bombing of the Berwyn business. He wasn't captured on a phone scheming with Mark Polchan on what homes or jewelry stores to hit, etc.
And that point is accurate.
The government's case against Sarno was more indirect and circumstantial than its cases against some of the other defendants. That doesn't make it a bad case — or a good case — that's just the nature of the evidence.
Defenders of Sarno question what difference it made if he had four phones. It's America, and he can have four phones if he wants to. Sarno's defenders are right as far as their point goes.
And if that was the only piece of evidence the government had against Sarno, or the main piece, I'm betting he'd be a free man.
But the problem for Sarno is that the government used that fact, along with several others — the shredding, the quick hang-up at the mention of Frank Caruso, talking in code — to paint a picture of a man who had something to hide, who knew he was doing something wrong.
Then the government used the recorded words of others to implicate Sarno. Sarno's not on tape implicating himself, as Sam Volpendesto did, but others put him in the hot seat.
A main witness against Sarno, Vince Dublino, did not come across as a polite young man on the stand. No observer of his testimony pictured himself or herself having tea at the Peninsula Hotel with Dublino any time soon.
So, in sum, can you find problems with many of the individual pieces of the prosecution's evidence? Sure. Sarno's attorney, Terry Gillespie, did a great job doing just that in his closing argument.
But when you add it all up, adding one piece of evidence to another, do you get a picture of someone leading a criminal conspiracy? Two prosecutors, Tinos Diamantatos and Amar Bhachu, made that case in a highly skilled fashion, in their closings.
People get convicted all the time on circumstantial evidence, and what happened to Sarno wasn't that unusual.
Steve;
Casey was on 1 business owners video, which was from the "Steak n' Egger". It was not the Feds tape either. It was Jeff Bertucci that handed the video over to the Feds. after he was raided for the 3rd time. Steve, while you were stepping in and out of the court room you may have missed when Ms.O'Daniel revealed that Mr. Bertucci received a slap on the wrist
two times for receiving a subpoena regarding gambling. If the government had such a strong case against Casey, he would have never been offered a plea agreement. Casey should have never sat in on that trial. He should have been granted severance. The bar owners you say are credible? A little clarification here Steve, Casey was getting his half of the money that the bar owners owed to him for the use of the "legal, state & city licensed machines". The city & state license were not a bogus printout from some scam website. They were from the city of Chicago & the Illinois Secretary of State and the towns they were placed in. Which by the way very were very pricey. The bar owners were the gamblers, they paid out, they received
immunity and to this day are still participating in illegal activities. Your an intelligent
man Steve and it baffles me to think that you feel the governments strongest case
was against Mr. Szaflarski. How about Mark Hay, Kyle Knight, James Formatto,
Anthony Volpendesta, caught on tape with guns and verbal admittance of their own
crimes and you think Casey had the strongest evidence against him? If their case was so strong, then why was he able to go home on bond? I know, because he was not
charged with racketeering or violence. Which by the way is the worse thing anyone
could have been charged with. Did you also know while you were popping in and out of the court room that Casey was audited 2 times and came out with a clean slate? Of course the Government objected to that point and they didn't even put the IRS agent on the stand that was presented at the time he was searched. They put an agent on the stand which by the way gave his tax results on "assumption" and it was verified by the agent himself on cross. Mr. Szaflarski was arrested on March 2, 2009. And has been on house arrest.The others have been indicted since '08. Your assigned in the federal court building to cover organized crime cases, which by the way the language was not permitted because as the judge said, "It would not be fair
to Mr. Szaflarski". Steve you covered his daughters wedding also. The most important part in a parents life and all he was able to do was walk her down the aisle, dance with her (not at the reception either) but after he lifted her veil and gave her a kiss. He then had to catch a cab because he had a curfew of 7:00 P.M. So yes, he was treated unfairly throughout this entire ordeal. He is a gentleman and just because people have friends that the government does not approve of, your automatically accused with guilt by association.
STEVE WARMBIR RESPONDS: I'm not going to address every point in the above post, but I'll hit a few of the major points.
1. The tape speaks for itself. I don't know what relevance the government's treatment of Bertucci has to it. I never heard Catharine O'Daniel make the claim that the tape was a fake or that Bertucci had altered it. No evidence to any of that was put on in Szaflarski's case. The tape shows what it shows.
2. Prosecutors offer plea deals all the time. It cuts down on the time they have to spend on the trial, and the resources they have to spend on it. Also, it guarantees a win, and the government hates to lose. It doesn't reflect the strength or weakness of the case. Also, Szaflarski wasn't charged with a crime of violence, so it's not unusual for him to be allowed out on bond. It doesn't reflect on whether the government's case was weak — or strong. I don't anyone who's ever accused Szaflarski of being a violent individual.
3. Small point for clarity. I wrote about his daughter's wedding, but I did not cover it; if by covering it, you mean I was present at the event, I wasn't. The restrictions on Szaflarski at the wedding were based on the fact that his daughter was marrying the son of a reputed high-level mobster, Frank Caruso. The government did not want the two men communicating. I can understand why it was sad for his family that he couldn't participate more.
4. Sure, the machines are legal, as long as they don't pay out money. Yes, Szaflarski paid his state and city tax on his machines, so they couldn't be seized. But just because you buy a license doesn't mean the machine is operating legally or not, in terms of whether it's paying out. I suspect the jury didn't find it believable that Szaflarski had no idea that the bar owners were paying out. Virtually no one plays those machines for amusement. They play them to win money. It beggars disbelief that those machines were bringing in the money they were, simply from people who enjoy an amusement-only game. To suggest otherwise makes no sense. If a person knowingly provides a machine to be used in gambling, then that person is involved in the gambling, which in this instance, was illegal.
4. The argument that Szaflarksi should have been granted severance is probably your strongest point out of any that you make. The judge ruled against Szaflarski, so severance didn't happen, but it didn't appear to be a cut-and-dry issue.
5. Sure, I'll stand by my analysis that the government's case against Szaflarksi was among the strongest they had (or least weak, depending on your perspective) for the defendants on trial. They also had a strong case against Anthony Volpendesto. Hay, Knight and Formato weren't on trial. They are either in prison or going to prison.
Steve, I guess all this won't matter anymore for all the game operators, The state is taking over. I WONDER IF THEY WILL PAY OUT ?? As we both know, there are no crooks in state government :)
"You may be upset but at all the wrong people..be upset with Mark for committing the crimes he committed. You knew the kind of guy he was, the people he choose to hang with, and the crimes he was committing yet still choose to marry him and bring three kids into this world with him. The kids I feel sorry for as they had no choice in any of this but you did.
What is Szaflarski's town/city of residence?
STEVE WARMBIR REPLIES: He lives in Chicago, according to the evidence at trial.
So did you know Mark? You seem to act like you lived with him and made it your
business to know what he does and doesn't do. DON'T EVEN GO THERE AND BRING HIS KIDS INTO THIS OR HIS WIFE! Maybe you should spend more time worrying about your own faults than commenting on things you know nothing about.
Why question Szaflarskis residence?
I'm amazed at how much TAX PAYER'S $ was WASTED on this farce!! Most of these so-called "Mobsters" are elderly men, with a host of medical problems, their time on this earth is limited! So instead of persecuting these men for past crimes and criminal associations/friends...go after the street gangsters, selling crack and heroin on the street corners, like a lemonade stand, EVERYONE ON THE BLOCK/IN THE HOOD, is aware of what's going down...some neighbors get in on the money by acting as stash houses/holders when the police DECIDED to come and toss the corner!! I mean in TODAY'S WORLD, locking up an allegeded "mobster", solves only 1 problem, which is NOT EVEN A SOLUTION FOR ANOTHER IS GOING TO BE IN PLACE, IF ISN'T ALREADY!! Honestly, I think the tax payers would LOVE to see a drug dealing/gang leader falling under the RICO STATUE...but, that IS GOING TO BE SOMETHING DONE IN THE FUTURE, IF AT ALL!!!
STEVE WARMBIR: I'd just note that for the record in the Sarno trial, of the five defendants, only one was elderly. The rest were in their 50s or younger.
can you explain how the jury system works i really dont know and would like to know what steps need to be taken in order to come to a verdict i have never served on a jury it just seems kinda fast i would think that testimony would have to be read back there is know way they could remember everything that was said can you outline what happens when the case goes to the jury there have to be some rules or guidelines they have to follow even cases with physical evidence and finger prints which the feds DID NOT HAVE take longer to come back guilty oh yeah the shredded document that was brought up i shred everything like millions of people does it mean guilty it's 2011 this is how our government works they are more corrupt than any organization that has ever been around
Steve,
are there any kind of "entrapment rules" that apply to federal cases? I was wondering if it was true that the fed's had the informant , Mark Hay, try to sell a truck load of cigarettes to polchan? Is that true? Did Polchan buy all of the cigarettes off the truck or what did he actually buy from that set up sale?
Also, The Feds had a guy pose as Polchans friend for about a year right? During this year were the camera's also in place on poles outside his business and also inside his store?
What did the undercover poser bring into court after a year of pretending to be polchans friend? any stolen jewelry? or really hardcore evidence?
STEVE WARMBIR RESPONDS: There are entrapment defenses, although none was offered in this case. Also, the horse has left the barn on whether Mark Polchan dealt in stolen merchandise since his defense attorney conceded that point in his closing argument. The defendants' focus now is whether the government properly charged the case as a racketeering conspiracy. Defense attorneys are arguing how the men charged together could be defined as a group of anything, since the government's evidence did not show a conspiracy. The government, of course, will disagree.
Once they come for you they will keep coming to they get you like they did with my grandfather in new york. Thats the life...kenneth castellano.
How many years did sarno get anybody know?
STEVE WARMBIR RESPONDS: Sarno hasn't been sentenced yet.
Do you know when his new date is set for sentencing ?
STEVE WARMBIR RESPONDS: His sentencing is set for May 23, but that could change. If a new date is set, I'll post it on the blog.
Wow people! I was a juror on the Sarno trial and you think we rushed to judgement! Look at yourselves your pathetic.
Did you sit there for six plus weeks and listen really listen, take notes? We did. I'll admit there were one or two jurors that didn't belong there but that goes with every trial I'm sure.
There were very smart people on our jury and we listened we stayed awake and believe me when we deliberated we went through each count one by one and considered each defendant starting out innocent then applying the evidence one by one.
It was a long process it may seem short to you then again you weren't there deliberating. On many counts we were split, we stuck to our belief innocent till proven guilty by the evidence, it took time but when you sit down and go through the evidence and read your notes it becomes clearer and clearer.
It seems the law on racketeering and conspiracy had been tweaked recently to clarify participation because the rules we had to consider a defendant guilty of conspiracy didn't take much as I recall a person didn't even have to physically be present to an event to be included in its totality (just be on the board of directors so to speak) These guys knew this, they knew the stakes of their game and they got sloppy, arrogant all it took is one mistake to make you involved.
I'll admit the laws regarding conspiracy and racketeering and rules of deliberation in this case sucked but it was our job to follow them and if we didn't and just based our votes on gee he's a nice guy then I would have trouble respecting myself.
We did our job we did follow the rules we looked closely at the incredible amount of evidence against these defendants and came to logical conclusions. Its hard to explain you really had to be there deliberating when you looked at the timelines, the association of defendants, who was where and when, why would this guy say this to that guy, it was very small details of conversations, timelines, meetings, associations, actions that were supported by the evidence and recordings that led us to our verdicts.
To be truthful when you get older you become a pretty good judge of a person and I really liked Mike Sarno he seems like a good family man. During testimony I was really, really hoping there wouldn't be enough evidence against him and I wasn't the only one feeling this. But in the end it was obvious and I think none of us could look our self in the mirror thinking we held out for mike because he was a nice guy. See the self respect issue works both ways here.
To those of you that hate us for finding them guilty thinking how can we look ourselves in the mirror? Well try it in our shoes when its all over you have to look at yourself knowing you did the right thing and I personally couldn't just give Mike a pass because he seems nice and respect myself.
These decisions we made were lifelong and we made sure we were right. So to those short sighted folks that think we rushed to judgement just because we wanted christmas off are dead wrong.
Do you think any of us could sit with our families at christmas dinner knowing we railroaded these guys just so we could get out? Thats crazy. The timing couldn't have been more cruel I'll admit I was hoping the judge would postpone the trial since it was so close to the holiday but it wasn't our call. It was just bad timing.
You have to admit with all their high priced attorneys there was NO DEFENSE how do you expect us to consider balancing evidence when the defense presents none. Lets face it these guys made some huge blunders for there line of work like: using names on phones and old man Volpendesto running his mouth too much.
If these guys took care of their own, some of their guys wouldn't have turned on them to wear wires. With Polchans place wired and videoed it was ugly when the feds played the tapes there was no defense simply because they couldn't refute it it was plain as the nose on your face.
We know these people had families and our hearts go out to them but these guys made choices and their families knew of them. Now everyone is paying the price for something they all knew was wrong.
All of us have no regrets we did the right thing we did our duty as jurors and until you serve as one on a case like this and experience the feelings, emotions, stress and to some loss of pay because their employers would not cover such a long trial, you don't have a clue what its like or how the deliberation process works so bark all you want call us what you want.
I hope you get to decide someones fate one day so you can feel it too. Some of my fellow jurors cried when the verdicts were read because we felt sorry for the families of these men that put them into this position its a complex situation and for as bad as it was we did the right thing we did our job and I sleep very well at night thank you.
Did Sarno get sentenced yet?
STEVE WARMBIR REPLIES: Sarno's sentencing is set for 10:30 a.m. on July 27.
Did Nick Ferrioloa ever get released from prison? We haven't had an update from you in a while. Anything going on with the appeals? I saw that Joe Lopez was thrown off the appeal case.
STEVE WARMBIR REPLIES: Nick Ferriola has been released to a halfway house. Lopez was thrown off the appeal because he failed to meet a filing deadline. The case is still slogging its way through the appellate court.
Where will the sentencing be at?
STEVE WARMBIR REPLIES: The sentencings will be held in front of U.S. District Judge Ronald Guzman in his courtroom, Room 1219, on the 12th floor of the Dirksen Federal Building, 219 S. Dearborn.
Do you know why picking a jury takes so long? It takes a long time because when the lawyers accept people to be a juror, the prosecutors use their cards to throw them out. They didn't want the man who just retired because he would not be in a hurry to get back to work, or home with kids, or miss a pay check. The prosecutors did not prove these men guilty beyond a reasonable doubt. They used their sneaky courtroom tactics and had the judge on their side to win. The burdin was to be on the prosecutors to prove without a reasonable doubt they were guilty. That was not done at all.
Did you ever hear the entire tapes of those conversations that the prosecutors were allowed to play, but yet the defense lawyers HAD to stipulate?
When tapes became inaudible, so convenient that the FBI could "make up" what they thought was being said.
Credible informants?ha,
Whose fingerprints ended up being at that one robbery anyway? We know it was not Mark Polchan because the FBI fingerprinted him. It was the number one informant , carrer criminal scumbag who lied on that stand nonstop and to the FBI, but yet the FBI still used him. Credible ? ha.
Did the jury realize that you can find a man innocent on one crime, and guilty on another?
This trial was a joke. It proved out system faulty. These men should have never been on trial all together anyway.
Perhaps not judging on niceness or looks, but just common sense would have been sufficient. Reading the fine lines of laws are good, but give time to the fine lines on both sides, this was clearly not done, there is no way it could have been done. Between five men, entirely all different crimes, nope, fool yourself but aint no way this trial was done fairly, and that is a shame.
Have you not figured out yet why you were picked, and why the timing was so bad?
dear juror can you tell me how many pages of rules you had to go thru before you started going thru the evidence? and can you also tell me where you found a link between mr. sarno and the feds witnesses who i might add said under oath that while they were working for the feds that they were STILL robbing peoples house's!!!!! one of them for god's sake stabbed an elderly man in the leg and another one was shot by one of these guys and you believe these people and i heard exactly what you heard on those tapes of the jewelry shop recordings i didnt hear mike sarno's name once on the recordings and i know, the fed's found a piece of a newspaper article in the shredder WOW stop the presses do you know what i do with all my paper products after i'm done with them......that's right i shred em, when do you want me to turn myself in ? again what i'm getting at is that's not evidence that someone did anything now if you were to tell me there was fingerprints or dna or some physical evidence somewhere i would bow down and say you guy's did the right thing but....NOT ONE BIT OF EVIDENCE ANYWHERE,hell you had one of the feds witnesses say to the court "i never met mr. sarno never talked to him i only know him thru a friend" so you are gonna try to defend yourself and say that you went thru all the testimony from all the witnesses in how many hours? CANT BE DONE ...NOT AT ALL, SO GO AHEAD AND KEEP TELLING YOURSELF YOU DID THE RIGHT THING MAYBE ONE DAY YOU'LL ACTUALLY BE ABLE TO BELIEVE THAT.
Steve,
Can you please provide an update on the outcome of the sentencing of the Volpendesto's, Sarno, Polchin, and Casey?
STEVE WARMBIR RESPONDS: Check the latest blog entry for an update. Thanks!
Did sarnos sentencing get dalayed again or did he get sentenced???
STEVE WARMBIR RESPONDS: He's got a new date. Read the latest blog post for more details.
Where is the latest blog post?
STEVE WARMBIR RESPONDS: It's the top post here: http://blogs.suntimes.com/mob/
just wondering why when someone has some facts ,REAL facts about this case you dont post them?