Post by jannikki on Sept 22, 2006 17:29:50 GMT -4
Attorneys Deny Allegations Client Plotted to Kill Judge
Friday September 22, 2:55 am ET
Tom Perrotta, New York Law Journal
Attorneys for a former Mafia boss who might face the death penalty in an upcoming trial expressed dismay Wednesday at the unsealing of court documents that reveal their client, Vincent Basciano, is under investigation for a potential plot to kill a federal judge.
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The attorneys, James Kousouros and Ephraim Savitt, said they would ask for an evidentiary hearing into the alleged plot against Eastern District Judge Nicholas G. Garaufis, which Kousouros said did not exist. Kousouros said it was "very unfortunate" that he was not notified by federal prosecutors that the document was going to be made public late Tuesday evening.
"I'm not saying we were entitled to notice," Kousouros said. "We have to now consider motions for recusal. This now creates a mess."
He said the unsealed papers could taint the jury pool, and might contribute to U.S. Attorney General Alberto Gonzales' decision on whether the government will seek the death penalty.
Assistant U.S. Attorney Winston Chan said he would not comment, as the investigation into the plot is still active.
Judge Garaufis scheduled a hearing for noon Thursday to discuss the matter.
In May, Judge Garaufis presided over Basciano's conviction on racketeering charges; the jury did not reach a verdict on murder charges. Basciano may face the death penalty in an upcoming trial, also before Garaufis, for allegedly conspiring to kill a federal prosecutor.
On Tuesday, federal prosecutors asked the judge to unseal a letter they submitted to the court and defense counsel on Aug. 28. The letter detailed another possible murder plot, this time against Garaufis, and included several pages of correspondence written by Basciano.
One document was a list of names that prosecutors said Basciano gave to an unnamed inmate who was cooperating with the government, indicating, "in sum and substance," that he wanted the individuals on the list to be murdered. Garaufis was second on the list, after Assistant U.S. Attorney Greg Andres, the prosecutor at the center of the previous plot in which Basciano is accused.
Basciano's attorneys contend that their client passed the list to an inmate because he thought the inmate had a connection to Santeria, a Caribbean religion. A priest or priestess of the religion, Basciano believed, could bless Basciano and make people tell the truth about him.
"It was utter foolishness," Kousouros said. "[Prosecutors] know he believes in this hocus-pocus nonsense."
The investigation into a possible threat against Garaufis was the subject of a closed hearing on Aug. 28. Basciano's attorneys said Wednesday that they were surprised that the investigation was made public while it was still pending.
"I don't understand what the rush was to go ahead and reveal something like this," Savitt said. "I don't think it helps to disclose information that you are still investigating. I just can't understand why it's being done."
However, Savitt said he did not necessarily think that the incident required Garaufis to recuse himself from the case, especially if prosecutors conclude that the list was not threatening.
"I believe that if the investigation reveals what really happened here, there's no question that the judge can continue on this case," Savitt said.
The U.S. Marshals Service for the Eastern District would not say whether Garaufis had been given additional security. Chief Deputy Timothy E. Hogan said the office had been working on the case for a number of months, in concert with the Federal Bureau of Investigations.
"Based on the information we have, we take what precautions we feel necessary," Hogan said.
biz.yahoo.com/law/060922/8edc1a153abdce31905baa87097379a3.html?.v=1
Friday September 22, 2:55 am ET
Tom Perrotta, New York Law Journal
Attorneys for a former Mafia boss who might face the death penalty in an upcoming trial expressed dismay Wednesday at the unsealing of court documents that reveal their client, Vincent Basciano, is under investigation for a potential plot to kill a federal judge.
ADVERTISEMENT
The attorneys, James Kousouros and Ephraim Savitt, said they would ask for an evidentiary hearing into the alleged plot against Eastern District Judge Nicholas G. Garaufis, which Kousouros said did not exist. Kousouros said it was "very unfortunate" that he was not notified by federal prosecutors that the document was going to be made public late Tuesday evening.
"I'm not saying we were entitled to notice," Kousouros said. "We have to now consider motions for recusal. This now creates a mess."
He said the unsealed papers could taint the jury pool, and might contribute to U.S. Attorney General Alberto Gonzales' decision on whether the government will seek the death penalty.
Assistant U.S. Attorney Winston Chan said he would not comment, as the investigation into the plot is still active.
Judge Garaufis scheduled a hearing for noon Thursday to discuss the matter.
In May, Judge Garaufis presided over Basciano's conviction on racketeering charges; the jury did not reach a verdict on murder charges. Basciano may face the death penalty in an upcoming trial, also before Garaufis, for allegedly conspiring to kill a federal prosecutor.
On Tuesday, federal prosecutors asked the judge to unseal a letter they submitted to the court and defense counsel on Aug. 28. The letter detailed another possible murder plot, this time against Garaufis, and included several pages of correspondence written by Basciano.
One document was a list of names that prosecutors said Basciano gave to an unnamed inmate who was cooperating with the government, indicating, "in sum and substance," that he wanted the individuals on the list to be murdered. Garaufis was second on the list, after Assistant U.S. Attorney Greg Andres, the prosecutor at the center of the previous plot in which Basciano is accused.
Basciano's attorneys contend that their client passed the list to an inmate because he thought the inmate had a connection to Santeria, a Caribbean religion. A priest or priestess of the religion, Basciano believed, could bless Basciano and make people tell the truth about him.
"It was utter foolishness," Kousouros said. "[Prosecutors] know he believes in this hocus-pocus nonsense."
The investigation into a possible threat against Garaufis was the subject of a closed hearing on Aug. 28. Basciano's attorneys said Wednesday that they were surprised that the investigation was made public while it was still pending.
"I don't understand what the rush was to go ahead and reveal something like this," Savitt said. "I don't think it helps to disclose information that you are still investigating. I just can't understand why it's being done."
However, Savitt said he did not necessarily think that the incident required Garaufis to recuse himself from the case, especially if prosecutors conclude that the list was not threatening.
"I believe that if the investigation reveals what really happened here, there's no question that the judge can continue on this case," Savitt said.
The U.S. Marshals Service for the Eastern District would not say whether Garaufis had been given additional security. Chief Deputy Timothy E. Hogan said the office had been working on the case for a number of months, in concert with the Federal Bureau of Investigations.
"Based on the information we have, we take what precautions we feel necessary," Hogan said.
biz.yahoo.com/law/060922/8edc1a153abdce31905baa87097379a3.html?.v=1