CASES LOST . B40 B-40 MYERS ON CASE B41 "?You can sit in an American courtroom for the rest of your life,? he said, ?and you will never see anything as low as the act that was done in this case.? It cast ?an odor? of impropriety over the entire case, [Michael S. Feldberg, Hortense Gabel?s attorney] said." New York Times, 12/16/88 B-41 BESS MYERSON CHARGE: THE U.S. HOUNDED BESS MYERSON, A FORMER MISS AMERICA AND NEW YORK CITY CULTURAL AFFAIRS COMMISSIONER, WHO WAS ACQUITTED OF ALL CHARGES BROUGHT AGAINST HER. GIULIANI BROUGHT A SHAKY CASE, THAT INCLUDED THE SPECTACLE OF A DAUGHTER TESTIFYING AGAINST HER FEEBLE MOTHER, FOR THE POLITICAL PURPOSE OF TRYING TO EMBARRASS THEN MAYOR KOCH. THE MENTALLY UNSTABLE STAR GOVERNMENT WITNESS HAS SINCE GONE ON TO APPEAR IN PORNOGRAPHY. CONTEXT: The Bess Myerson case is Rudy Giuliani?s greatest prosecutorial liability. The case brought the most negative press of Giuliani?s tenure at the Southern District of New York. After the prosecutors lost the case, many questioned why the case was even brought in the first place. Even more vitriolic critics attacked the tactics employed by the prosecutors. Specifically, the use of Sukhreet Gabel as the star witness in a criminal case involving her mother drew rebuke. Many people were outraged that Giuliani?s office would have a daughter gather information against her mother and testify against her mother. Others, less vocal than the critics, defended Giuliani?s prosecution of the Myerson case. They contended that although the case would be a tough one to win, it needed to be brought. Interestingly, the media proved their hypocrisy during the course of the trial. When Giuliani first announced the case, the media heaped praise on the crusading prosecutor for rooting out another corrupt city official and castigated Bess Myerson for abusing the privileges of her office. When Giuliani lost the case, the media almost did a one-eighty lighting into Giuliani and speaking kindly of Myerson. (See Appendix F-17). REBUTTAL STRATEGY: Criticism of the handling of the Myerson case generates a great deal of smoke, but not much fire. Simply put, this issue can be defused as a political bomb by getting down to the facts of the case and avoiding the high-octane rhetoric. B-42 The following facts should always be used when answering attacks about the Myerson case: 0 Giuliani had to bring the case. A report highly critical of Myerson written by a former federal judge forced the prosecution of the case. If Giuliani refused to take action, it would appear that one set of laws apply to average citizens and other set of laws apply to the "beautiful" people like, Myerson, Capasso and Gabel. Giuliani tried to drop Hortense Gabel from the case. Giuliani?s office attempted to drop the case against Justice Gabel because of her advanced age and poor health. Gabel refused and said she wanted a jury trial to clear her name. If Gabel didn?t demand a trial, Sukhreet Gabel never would have been in a position to testify against her mother, or tape record her, either. Members of the iurv complained about vague instructions from the judge. Jury members said after the trial they did not fully understand the judge?s instructions on how to interpret the law. If the judge was more clear, some of the jurors felt some convictions would have resulted from the trial. Justice Gabel said after the trial it was possible Mverson tried to in?uence her decision in Capasso?s divorce settlement. What else is there left to add to this one? B-43 THE BESS MESS TRIPS UP THE AMBITIOUS PROSECUTOR "?The Bess Myerson trial was a witch?burning,? she?s concluded. ?And the witch that was meant to be burned was Mayor Ed candidate Giuliani who obviously, in her words, ?would be only too happy to embarrass Koch with as many municipal scandals as possible.? Excerpt from Shana Alexander book, "When She Was Good", Daily News, 7/11/89 Giuliani has been attacked for using Judge Gabel?s daughter to testify against her, politicizing the case, and possible ethic violations. "?You can sit in an American courtroom for the rest of your life,? he said, ?and you will never see anything as low as the act that was done in this case.? It cast ?an odor? of impropriety over the entire case, [Michael S. Feldberg, Hortense Gabel?s attorney] said." New York Times, 12/16/88 "This trial has been rich in gossip, rich in humor, rich in innuendo, rich in color,? [Hafetz] continued. ?The one thing it hasn?t been rich in is hard evidence.? Newsday, 12/ 16/88 "Prosecutors in the Bess Myerson trial were so desperate for evidence that they stooped to manipulating key witness Sukhreet Gabel and distorted facts, a defense lawyer charged yesterday. "?The prosecutors, in their quest to make a case, struck blows so low that their knuckles scrapped the pavement,? defense lawyer Jay Goldberg told jurors in a closing argument that mixed ridicule and sarcasm. who represents Capasso, accused prosecutors of ?molding? Sukhreet Gabel?s testimony. He also charged that mayoral aide Herbert Rickman had ?leaned on? Myerson to hire Gabel in 1983 as a special assistant. And he asserted that Capasso?s ex?wife, Nancy Capasso, was the hidden ?orchestrator? of the government?s case. B-44 ?Goldberg hovered over the prosecutors as he charged they shaped Sukhreet Gabel?s account by using the classic good guy, bad guy? approach when she was mentally disturbed and under medication. ??And they put her up to taping her own parents,? Goldberg charged. "?They move her, manipulate her in effect giving her a forum for the unfair destruction of her parents,? Goldberg continued. "Goldberg, who had suggested jurors should be able to remove the trial?s participants in the way acts on television?s ?Gong Show? were ended by striking a gong, turned and pointed at the government lawyers. "?It?s time for the gong, but this time, you people have to go,? Goldberg said loudly. The three prosecutors, an investigator and an assistant were motionless, showing no reaction. desperate people in this case are the prosecutors,? he said at one point. Nancy Capasso -- and not, as the government contends, Myerson and Carl Capasso -- was motivated by greed and vengeance, Goldberg argued. "Spectators and some although not all -- of the jurors laughed as Goldberg suggested this was material for the television show ?People?s Court.? "Goldberg also recommended the ?gong? for witness Shirley Harrod, a housekeeper who testified that Capasso had asked Myerson to ?do something about this,? an alleged reference to the divorce case. He ridiculed Harrod?s claim that she was not biased even though Capasso fired her. Newsday, 12/15/88 Giuliani tried to keep Justice Gabel from testifying "Federal prosecutors secretly tried to sever former Justice Hortense W. Gabel from the Bess Myerson case, contending that the former judge was medically unfit for trial, according to court transcripts unsealed yesterday. "Providing an odd footnote to the extraordinary trial, the transcripts showed that the prosecutors made their unusual move shortly before the trial opened, but that Justice Gabel insisted she was competent to stand trial. "If the frail-looking 76-year-old Justice Gabel had been removed as a defendant, the prosecution?s major witness, Justice Gabel?s daughter, Sukhreet Gabel, would not B-45 have been in the position of testifying against her mother. Sept. 30 and Oct. 3, after the jury had been selected, Judge Keenan held confidential sessions in his robing room concerning the move to sever Justice Gabel. He said the prosecution had raised the issue in June and renewed it in a Sept. 23 letter. "Judge Keenan noted that Justice Gabel suffered from a severe problem, heart disease and short-term memory loss, but that her lawyer, Michael S. Feldberg, said that ?she very much wanted to fight the charges.? "At the Sept. 30 session, a prosecutor, David N. Lawrence, told Judge that the government wanted to sever Justice Gabel based on medical reports of her condition. He added that if her condition worsened after a reasonable time, the Government would be prepared to dismiss the charges against her. Justice Gabel responded that she strenuously objected to any examination regarding her mental competence to stand trial, adding, find myself deeply offended. New York Times, 12/31/88 .. until she was declared competent to stand trial. "The unusual situation -- in which prosecutors sought to remove a defendant who insisted on going to trial was resolved on Oct. 3, the day before opening arguments, when US District Court Judge John F. Keenan ruled Gabel was competent to stand trial. Gabel been served from the case, the most emotional aspect of the trial -- in which a government witness, Sukhreet Gabel, testified against Hortense Gabel, her mother would no longer have been a factor. Nor would the jurors have seen the sympathetic-looking Hortense Gable, a frail, nearly blind 76?year-old woman who, as her lawyer noted during the trial, has a history of heart disease. Newsday, 1/ 1/89 Giuliani ?s ambitions were purely political. "?Had it not been Bess Myerson, Giuliani would never have brought this case, said Capasso lawyer Jay Goldberg. ?It was no good from the start. Gannett Westchester Newspapers, 1/3/89 B-46 Allegations of ethics violation. "The New York Law Journal. a daily paper for the legal profession, reported that Giuliani could have violated an ethics code for lawyers if he asked a federal judge to urge another judge to step down from the Myerson case. District Court Judge Kevin T. Duffy wrote on Jan. 14 that a senior judge ?told me that Mr. Giuliani had asked him [the senior judge] to suggest to me that I recuse myself from this Giuliani denies making such a request of the senior judge, identified in the court record as District Court Judge Lloyd F. MacMahon. "?If that happened, it?s serious misconduct on Giuliani?s part and the senior judge?s,? Monroe H. Freeman, a professor at Hofstra University?s law school, said yesterday. Newsday, 1/ 28/ 88 What was Koch?s role in this affair? "The prosecution contends that Ms. Myerson hired Justice Gabel?s daughter, Sukhreet, in exchange for favorable treatment from Justice Gabel in Mr. Capasso?s divorce case. A letter Ms. Myerson sent to Mayor Koch in 1983 explaining the hiring of Ms. Gabel was ?misleading,? Mr. Hafetz [Myerson?s attorney] acknowledged yesterday. New York Times, 12/19/88 "Hafetz said that a misleading letter Myerson wrote to Mayor Edward I. Koch about Sukhreet Gabel?s hiring didn?t indicate she was hiding a crime, but that she had engaged in the sort of face-saving lies common in politics. Abrams responded that under that theory, no politician should be prosecuted. Newsday, 12/ 17/88 BESS MYERSON DEFENSE: THERE WAS AMPLE EVIDENCE TO BRING MS. MYERSON, MR. CAPASSO AND JUSTICE GABEL TO TRIAL. EVEN JUSTICE GABEL LATER ADMITTED THAT THAT MS. MYERSON WAS ILLEGALLY TRYING TO INFLUENCE HER. THE CHARACTER OF THE WITNESSES DOES NOT DETRACT FROM THE SERIOUS ALLEGATIONS OF CORRUPTION AGAINST OUR JUSTICE SYSTEM THAT MUST BE ZEALOUSLY INVESTIGATED. GIULIANI DISCOURAGED SUKHREET BIZARRE TAPING OF A TELEPHONE CONVERSATION WITH HER MOTHER. "Manhattan US. Attorney Rudolph Giuliani, who drew up the charges with Assistant US. Attorney David Lawrence, described the indictment as a ?very sad case.? "?You can?t help but feel real sadness where you are alleging misconduct against not only high government officials but members of the court,? Giuliani said." Daily News, 10/8/87 Sukhreet Gabel took the stand because she was vital to the case. "?If the government had a choice, it would prefer never to call the daughter of a defendant, [Assistant US. Attorney David] Lawrence said. ?She is taking the stand because she is a witness. She is part and parcel of this scheme.? Manhattan Lawyer, 10/ 11-17/ 88 "Sukhreet Gabel testified yesterday of how she volunteered to help a prosecutor in getting at the truth? in an investigation that led to the indictment of Bess Myerson and her mother, whom she smiled at occasionally from the witness stand. "Gabel told a federal jury in Manhattan she had ?inadvertently? tape?recorded a telephone conversation with her mother, former State Supreme Court Justice Hortense W. Gabel, for the FBI and had taken documents from her parents? home and delivered them to prosecutors. Newsday, 10/ 13/88 B-48 Judicial misconduct contributed to the acquittal: "Jurors in the Bess Myerson case, confused by Judge John Keenan?s instructions to them, said last week they spent most of their deliberations focusing on the conspiracy count against the three defendants. They believed an acquittal on that charge would force innocent verdicts on lesser counts. "On the last day, Dec. 22, they sent a note to Keenan asking him to clarify his jury charge, but received little help. As a result, they followed their own interpretation and cleared the defendants of all charges once they agreed there was no conspiracy." Manhattan Lawyer, 1/ 3-9/ 89 With the evidence available, Giuliani had no choice but to prosecute the case. "In retrospect, it?s easy to conclude that prosecuting the Bess Myerson case on ?imsy evidence was a waste of time and money. "But that?s too simplistic. A Giuliani decision not to prosecute might have heightened an unfortunate perception many people already hold: that there are two standards of justice -- one for the rich and famous and a tougher one for everyone else. editorial, Newsday, 12/25/88 "As for Bess Myerson, Giuliani had few options after the Tyler report. This examination of the Bess Mess by US. District Court Judge Harold R. Tyler Jr. stopped one breath short of indictment. It accused Myerson of ?serious misconduct? and reportedly asserted that her hiring of Sukhreet Gabel was ?intended to, and did, improperly in?uence Judge Gabel in the conduct of the divorce proceeding.? If, in the face of this, Giuliani had walked away from the Myerson affair, I might have been the first to cry Ray Kerrison, New York Post, 1/2/89 Giuliani brought the case based on the facts, not politics. "?It has very little effect on me,? [Giuliani] said of the verdict. ?You look at the overall record of the prosecutor or government official. That?s the way people evaluate them. B-49 "?It was a case I firmly believe had to be brought, because it involved allegations of corruption within the judicial system, which are among the most serious kinds of allegations. If I had to make the decision all over again, without knowing the result, I?d make the decision all over again.?? New York Times, 12/24/88 "The defendants are entitled to satisfaction at the verdict, but ?not guilty? is not the same as total exoneration. There was evidence, even if insufficient to persuade the jurors, that the commissioner bribed the judge with a city job for the judge?s daughter to win favorable rulings in Mr. Capasso?s divorce case. Rudolph Giuliani, the ambitious and aggressive Federal prosecutor, would have been suspected of favoritism had he ignored Miss America?s case. "What provoked rumbling suspicions of crime was that Justice Gabel continued to handle this stormy divorce matter at a time that she was discussing a job for her daughter with Commissioner Myerson. Incredibly for a judge of her stature, she testified before the State Commission on Judicial Conduct that it never occurred to her that she should disqualify herself. Such behavior by the judge and the commissioner cried out for criminal investigation. cannons against con?icts of interest forbid mixing even pressing personal needs with official duties. The canons are designed to preserve appearances and keep officials well clear of criminal suspicion. Had they been respected, there would have been no trial and no torment." editorial, New York Times, 12/24/88 B-50 MARCOS CASE 351 "Khashoggi is charged with having helped Ferdinand and Imelda Marcos plunder the Philippine treasury. Khashoggi blames his indictment on the former U.S. District attorney in Manhattan. ?It is Rudolph Giuliani who started this whole business,? he said. ?He is dying to be mayor of New York and for this he has to prove how active he is, how tough, a real ?ghter for justice.? St. Petersburg Times, 9/7/89 MARCOS CHARGE: GIULIANI BROUGHT A CASE THAT HAD NO BUSINESS IN AN AMERICAN COURT AND BUNGLED IT. CONTEXT: Rudy Giuliani brought a difficult and courageous case against the former first lady and president of the Philippines, Imelda and Ferdinand Marcos, to recover the plundered assets this dictator and his wife, and their associates, stole from their poor country. The death of Ferdinand Marcos in the middle of the prosecution. totally changed the nature of the case. Without the former president attached to the case as the principle defendant, the case became impossible to win. The failure to win a conviction in the case does not diminish the importance of bringing the case. Giuliani, by taking a shot at a very tough case, sent a message around the world that no one no matter how rich or powerful -- is above the law. REBUTTAL STRATEGY: Who out there is ready to defend the Marcoses? Giuliani brought a worthy prosecution against a deposed dictator and his wife who systematically plundered their poor country. Anyone who questions Giuliani?s judgement in bringing this case runs the risk of counting themselves among the supporters of a thug dictator tossed out of office by the people he oppressed and robbed for so many years. B-52 THE MARCOS CASE By placing the wife of a foreign head of state on trial Rudy Giuliani attempted to make foreign countries the protectorate of the United States legal system. Even the trial judge, Judge Keenen, said that "Mrs. Aquino can enforce her own laws. I don?t want to be enforcing her laws. I don?t want to be enforcing her laws here. Embarrassingly, the jury heavily criticized the prosecution?s case. Comments from the jurors ranged from, "It was a totally silly case," to "We thought the government did a terrible, terrible job. "Indeed, the heart of Giuliani?s 79?page indictment involves the use of US. Racketeer In?uenced and Corrupt Organizations act, which charges the Marcoses with a racketeering scheme that originated in the Philippines. According to the indictment, Marcos and his associates plotted the theft of hundreds of millions of dollars in the Philippines in the 19708 and invested the booty in this county. "The indictment states that the Marcos reported total after-tax income of just more than $1 million from various illegal activities in the Philippines. Manhattan Lawyer, 11/ 15/88 Giuliani goes after foreign leaders "The grand jury subpoena was issued during the investigation that led to the Marcoses? indictment last month on charges of fraud and embezzlement in connection with the purchase of hundreds of millions of dollars in Manhattan real estate. "Mrs. Marcos pleaded not guilty to the charges in court Monday, while Mr. Marcos?s arraignment was postponed for health reasons. New York Times, 11/4/88 "The Marcoses were ordered to appear for arraignment on Oct. 31 in Federal District Court in Manhattan, said Rudolph W. Giuliani, the United States Attorney in Manhattan. If they disobey the order, he said, they will be arrested ?like anyone else. New York Times, 10/22/88 B-53 and wants blood, not cash. "In a memo that surfaced last week, the State Department urged the Justice Department to let Marcos negotiate a settlement and turn over hundreds of millions of dollars in assets rather than be indicted. US. Attorney Rudolph Giuliani has pressed for the indictment on charges that Marcos and his wife, Imelda, illegally acquired a fortune in New York real estate. Newsweek, 10/24/88 "But the real estate deals began in 1981, years before Marcos settled in the United States. Moreover, the banks have lost no money and have no quarrel with Marcos. Carolyn Coan, a spokeswoman for Security Pacific, which took mortgages of about $135 million on three buildings, said the buildings have been appraised at ?well over $200 million.? "?We are fully secured and do not anticipate any loss whatsoever,? adds Coan. Manhattan Lawyer, 11/ 15/88 Giuliani?s boss, Reagan, promised Marcos he?d have no problems. "?We are talking about developing a strategy that points out that President Marcos received assurances from President Reagan that he would not be prosecuted for his past activities, assurances this indictment contradicts. Manhattan Lawver, 11/ 15/ 88 This indictment was spurred by political considerations. "In order to keep a promise to Marcos, the White House could block any indictment that focused on crimes allegedly committed by Marcos while he was in the Philippines. So Giuliani tried another track. He structured his case to emphasize Marcos? conduct after he entered the United States in 1986. This enabled President Reagan to say when the indictment was announced Oct. 21 that it did not present him with a foreign policy decision. "Giuliani and Attorney General Richard Thornburgh were thus able to maintain, as they each did in statements, that the indictment emphasized alleged criminal activities B-54 in the United States. "In fact, Marcos? supporters are already charging that the indictment smacks of a crude political deal and is more tied to U.S. negotiations with the current Philippine government over military bases that to lofty notions about finally bringing a deposed despot to justice. Manhattan Lawyer, 1 1/21/88 have talked to people in Washington and with people close to Marcos about the possibility that the indictment was part of our bases deal,? said A. James Gregor, a political science professor and Asian expert at the University of California at Berkeley who has ties to Marcos. ?While there is no clear evidence there was such a deal, I got the general sense that this, in fact, happened and that this may come back to haunt [the United States],? Gregor adds. Manhattan Lawyer, 11/21/88 "Khashoggi is charged with having helped Ferdinand and Imelda Marcos plunder the Philippine treasury. Khashoggi blames his indictment on the former U.S. District attorney in Manhattan. ?It is Rudolph Giuliani who started this whole business,? he said. ?He is dying to be mayor of New York and for this he has to prove how active he is, how tough, a real fighter for justice.? St. Petersburg Times, 9/7/89 B-55 MARCOS DEFENSE: THE MARCOSES LOOTED THE PHILIPPINE TREASURY AND THEN BROKE U.S. ?8 BY CONCEALING THEIR OWNERSHIP OF FOUR NEW YORK OFFICE BUILDINGS. THEY WERE TRIED FOR VIOLATING U.S. LAWS AND NOT THOSE OF THE PHILIPPINES. TRYING A FOREIGN HEAD OF STATE WAS ALSO DONE IN THE NORIEGA CASE. "At a Manhattan news conference announcing the indictment, Mr. Giuliani said he believed that Mr. Marcos was the highest former official of a foreign government ever indicted in this country." New York Times, 10/22/88 The Marcos? were robbing the U. S. blind. "The indictment does charge the Marcoses with defrauding more than $165 million from two American banks Security Pacific National Bank in Los Angeles and New York?s giant Citibank -- to buy four Manhattan office buildings. Manhattan Lawver, 11/15/88 "Federal prosecutors think the case against deposed Philippines President Ferdinand Marcos is so strong that Manhattan U.S. Attorney Rudolph Giuliani guaranteed? a conviction earlier this year, according to a government document obtained by New York Newsday. confirming or denying the existence of the cable, Giuliani laughed and said: can say I never said that. I certainly never said that to anybody.? Newsday, 11/3/88 "Criminal prosecution of foreign leaders is always controversial, even when they are out of power and the court?s jurisdiction is clear. Yet Washington is correct to let this case proceed. It serves both justice and foreign policy. is also a point of American honor. The Government treasuries allegedly looted by the Marcoses were at the time receiving substantial U.S. foreign aid. American taxpayers believed that their dollars were being used for the benefit of the Philippines and its people. Prosecuting the Marcoses sends a message that American generosity is not a license to plunder. editorial, no source, 11/1/88 B-56 CRIMINAL CODDLING B57 when I found out that this [Rudy] Giuliani wrote a letter tying to help Nicky Barnes the drug dealer get out of the joint, it sealed it for me. I?m white, I?m a cop, I?m a New Yorker and I want to see David Dinkins be the next mayor.? Newsday, 9/15/89 B-57 SOFT-ON-CRINIINALS CHARGE: DESPITE HIS REPUTATION, GIULIANI HAS LET SEVERAL NOTORIOUS KILLERS OUT ON THE STREET IN EXCHANGE FOR USEFUL INFORMATION. THIS TYPE OF SOFT PLEA BARGAINING SENDS THE MESSAGE TO THAT CRIME PAYS AS LONG AS YOU TALK. CONTEXT: Rudy Giuliani campaigns as the anti-crime candidate. Giuliani rails against the anti?police policies of David Dinkins. Giuliani claims he is the only candidate able to work with the police to clean up the streets of New York City. But, as a federal prosecutor, Giuliani has cut some sweet deals with some notorious bad guys. Harlem?s Mr. Untouchable, icky Barnes, will walk out of prison a free man in 1996 in large measure because of Rudy Giuliani. No matter Barnes murdered as much with the drugs he sold as the gun he carried. Barnes provided Giuliani information. Giuliani helped to provide Barnes with freedom. Francis Featherstone, the former leader of the brutal Westies gang, thanks to Rudy Giuliani is a member of the witness?protection program. No jail time for Featherstone. His friends and former colleagues received 75-years for their crimes. Singing to Giuliani got Featherstone, famous for castrating his enemies, a new name, a new face and a home somewhere in the suburbs. REBUTTAL STRATEGY: Giuliani, soft on crime. Are you kidding? The opposition should have some trouble making this vulnerability stick to Rudy Giuliani. The campaign needs to consider a three-track response strategy: 1. The tough-on?crime strategy. The campaign should reaffirm Giuliani?s positions on crime that demonstrate his anti-crime credentials. B-58 The kinder, gentler Giuliani strattgy. The campaign should explain who Giuliani convinced numerous criminals to turn over evidence against their associates in return for leniency with regard to sentencing. In the Featherstone case, the Westies were virtually dissolved because of the former leader?s testimony. In the Barnes case, many people, none of them soft on crime, also advocated a lighter sentence for the former Harlem drug?lord. B-59 THE NICKY BARNES CASE Giuliani soft on crime. "Judge Pollack was encouraged to abate his normal severities and even accompany the lash of his feather with a compliment by US. Attorney Rudolph Giuliani in a letter detailing the contributions to law enforcement by this shorn lamb who was, less than a decade ago, Harlem?s most conspicuous drug dealer. Newsday, 9/4/86 In 1996, thanks to Giuliani, New York?s most notorious drug dealer will be released from prison. "Leroy (Nicky) Barnes, one of the most deadly and powerful drug lords in New York City history, who became an undercover informer while serving a life sentence in prison without parole, is expected to be released form prison in six years at the request of Federal prosecutors. New York Times, 12/22/92 "Mr. Untouchable -- Nicky Barnes -- headed the Council and controlled an army of drug dealers, murderers and other scum. "Once known as ?Mr. Untouchable? because of his seeming invincibility from prosecution, Mr. Barnes helped form a murderous drug syndicate in the 1970?s that brought together the heads of the seven largest drug rings in the city, largely controlling heroin and other narcotics sales in Manhattan, the Bronx and Brooklyn. The syndicate, called the Council, ?employed hundreds of mill workers, distributors and street dealers,? ordered a long string of murders and ?in?icted incalculable damage on this city,? prosecutors said at the time. "During the 1970?s Mr. Barnes was a legend in the drug subculture for his ?amboyant way of life and his penchant for expressing contempt for authority. New York Times, 2/22/92 It?s been speculated that the information Barnes gave the Feds may have been top narcotics agent - who has been following Nicky Barnes? career since Barnes B-60 started out as a street junkie in Harlem ?fumed to a colleague yesterday how ?Mr. Untouchable? had sold the feds a batch of bad information The agent was amazed that the U.S. attorney was helping Barnes apply for a presidential pardon. "?It surpasses all understanding,? the agent said. ?How did anyone ever let this man get the feeling that he could get the U.S. attorney to help him make a bid for a presidential pardon? "The agent continued: "?Don?t you know that he couldn?t have run a narcotics operation if people in high places didn?t allow him to work?? New York Post, 10/19/83 this position has angered New York?s Finest: when I found out that this [Rudy] Giuliani wrote a letter tying to help Nicky Barnes the drug dealer get out of the joint, it sealed it for me. I?m white, I?m a cop, I?m a New Yorker and I want to see David Dinkins be the next mayor.? can?t remember the last time I spoke to a white cop who wanted to see a black man be his new boss." Newsday, 9/ 15/89 FRANCIS FEATHERSTONE CASE ?Featherstone, also known as Mickey, was the prosecution?s star witness in last year?s successful Westies racketeering trial. Featherstone?s testimony resulted in convictions for seven and a 75-year jail sentence for gang leader James Coonan. Featherstone was once second in command of the gang. "The gang members were convicted of eight murders, two attempted murders, plus conspiracy to murder, assault with a deadly weapon and three kidnappings. Featherstone acknowledges his involvement in some of the crimes. The trial detailed the Westies involvement in labor extortion, counterfeiting, gambling, and drug dealing. Newsday, 12/22/88 B-61 Giuliani?s Willie Horton "But this is a man who is walking around as a free man somewhere in America wearing a nice suit and a red tie with federal body guards. He had help in getting into the Witness Protection Program. The help came from the office of that great anvil of law and order named Rudolph Giuliani. This guy Featherstone makes Willie Horton look like Gandhi and yet he is a free man. "Yes, he helped put a lot of other bad people in jail with his testimony. Giuliani?s office did help put them there. The Westies are pretty much history now. But somewhere a man capable of murder, castration, dismemberment and almost anything else is someone?s next door neighbor. emphasis added, Newsday, 10/15/89 "Finding redeeming acts in the cooperation of a career murderer and extortionist, a federal judge sentenced Francis Featherstone, leader of an infamous Hell?s Kitchen gang, to 5 years probation yesterday. "In exchange for Featherstone?s testimony, U.S. Attorney Rudolph Giuliani?s office asked U.S. District Court Judge Robert W. Sweet to ?consider Mickey?s the time of sentencing.? "Sweet heeded such suggestions yesterday, emphasizing as well that probation and reports on Featherstone were promising. The judge said that only Featherstone?s cooperation saved him from a life sentence "Featherstone, the judge noted, has admitted to ?14 specific acts of racketeering, including four murders, five conspiracies to murder, loansharking, extortion, numbers, counterfeiting and distribution of drugs.? Featherstone agreed to cooperate with authorities after he was convicted in state court of the 1985 slaying of Michael Holly. The gang leader contended he had been framed by fellow Westies for the crime. "?We want to believe that violence, aggression can be overcome by acts of contrition and redemption,? Sweet said in sentencing Featherstone. ?You are no longer a prisoner of your past.? Newsday, 12/22/88 B-62 Featherstone clearly had some credibility problems: key witness [Francis Featherstone] in the Westies racketeering trial admitted yesterday he suffered warninduced delusions and once tried to choke his wife because he believed she was a North Vietnamese agent. Daily News, 11/13/87 B-63 SOFT ON BARNES DEFENSE: ALTHOUGH THE CRINIES OF NICKY BARNES ARE UNDENIABLY HEINOUS, HE HAS CONTINUALLY AND HONESTLY PUT HIS LIFE, AND THE LIVES OF HIS FAMILY, ON THE LINE BY PROVIDING VALUABLE INFORMATION ON MURDER AND NARCOTICS IN NEW YORK CITY. Nicky Barnes has provided valuable assistance in many cases. "Information Barnes has provided has helped convict 39 defendants in New York and elsewhere on narcotics, murder an other charges, Giuliani said. "Barnes, once known as the nation?s most powerful black drug trafficker, told the judge he had complete college While in federal custody and he had realized had to rebuild a value system not based on what I was previously but based on being a brand new person. "In his letter, Giuliani said Barnes, through his cooperation, had placed his life and the lives of his two young daughters now in protective custody ?in constant jeopardy. United Press International, 8/28/86 S. District Judge Milton Pollack has congratulated Leroy (Nicky) Barnes for his ?remarkable degree of public service? and sentenced him to 10 years in prison for his part in trespasses running from multiple murders to the protracted wholesaling of her own. "It was a punishment without a penalty, since Barnes had already been committed to a lifetime in prison ever since 1978 conviction for crimes vaguer than these. Newsday, 9/4/86 Nicky Barnes fingered a dirty cop. "Under direct questioning from Asst. US. Attorney Benito Romano, Barnes said some of the money pooled was used to pay off a former Westchester cop. B-64 "The cop, Elmer Morris, is now a defendant in the trial. Morris was allegedly paid $5000 a clip to finger stool pigeons who were later killed. New York Post, 10/18/83 Otto Obermaier, never quick to support Giuliani -- agreed that Barnes had provided valuable assistance and also sought to reduce his sentence. "Coming after penalties for major dealers have been made harsher in recent years, including a Federal death penalty, Mr. Obermaier?s request is likely to present a fascinating instance of a judge?s trying to balance a prisoner?s nefarious past against the practicalities of gaining evidence in drug investigations. I "In the court papers, Mr. Obermaier said, ?To be sure, the crimes in which Barnes engaged and to which he pleaded guilty must be appropriately punished. However, if person engaged in serious criminal activity are to be encouraged to assist the Government?s law enforcement efforts, recognition must be given to extraordinary cooperation such as Barnes rendered.? "Mr. Obermaier?s decision amounts to a renewed effort by prosecutors to ease Mr. Barnes?s sentence. Rudolph W. Giuliani, a former United States Attorney, said in return for Mr. Barnes?s cooperation during the 1980?s, he agreed to ?bring to the attention of the President? Mr. Barnes?s cooperation, in the inmate?s unsuccessful application in 1987 for a Presidential pardon. New York Times, 2/22/92 B-65 CASES WON B66 B-66 PUBLIC CORRUPTION B67 "Mr. Giuliani, who has prosecuted more corrupt politicians, almost all of them Democrats, than any Federal prosecutor in recent memory New York Times, 11/14/88 B-67 DEFENSE GIULIANI RECORD OF CONVICTING CORRUPT PUBLIC OFFICIALS A hallmark of Giuliani?s career has been the prosection of corrupt public officials. At every level of government, regardless of party affiliation, Giuliani has a record of rooting out corruption. No one has a better record going after crooked officials. "Mr. Giuliani, who has prosecuted more corrupt politicians, almost all of them Democrats, than any Federal prosecutor in recent memory New York Times, 11/14/88 "The best this budding coalition [the fusion effort] has going for it this year is United States Attorney Rudolph W. Giuliani, who has prosecuted more corrupt politicians than any prosecutor in New York in many years. New York Times, 12/11/88 "Giuliani thinks the corruption that has been discovered in Wall Street, in the political power structure and even in organized crime ?emerges from the arrogance of power, whether it is political power or financial power. And that is the sense that you are beyond the ability of law enforcement to deal with it. You are too powerful, too important. Syracuse Herald American, 8/9/87 "He is concerned about the breakdown of traditional moral order. ?If a youngster grows up believing that politicians or lawyers are crooked,? he says, ?it eats into their own respect for the law. And then they violate the law Where it is within their ability to do so. This, I am sure, leads ultimately to violent crime.?" Daily News, 8/ 14/83 B-68 Simply, Giuliani attacked corruption everywhere. [See "Reagan Republican" section for Giuliani?s Prosecutions of Republicans] His most notable case has been against the Bronx Democratic Party boss Stanley Friedman: "He personally prosecuted the first case to come out of the city?s corruption scandals -- the trial that resulted in the convictions of Bronx Democratic boss Stanley Friedman and others. Gannett Westchester Newspapers, 1/3/89 Giuliani faces criticism that he prosecuted this case for political reasons "Some critics charged that Mr. Giuliani?s political aspirations had fueled his interest in the high-publicity case. But he insists he just plans to ?be US. attorney for a while. National Law Journal, 12/8/86 "He had to get Friedman in order to win, and the famous ?$35 million walk? given to the Datacom Corp., and to its former president Joseph Delario, who testified against Friedman, was part of that effort. "As it turned out, Giuliani got all defendants on all countswishes, for a run on the Republican line for either US. senator (against Daniel Patrick Moynihan in 1988) or governor in 1990. New York Post, 11/26/86 with almost no evidence lawyer in the trial of Bronx Democratic leader Stanley Friedman finally told the jury what the defense has been charging on the courthouse steps for eight weeks - that US. Attorney Rudolph Giuliani set out to get the defendants in this case before he had any evidence against them, then ?brought? witnesses to provide slanted testimony. "?We are here to defend against the onslaught of powerful prosecutors and the agents behind them,? said Silverman - a former assistant US. attorney criticized for B-69 overzealousness when he successfully prosecuted former Nassau County GOP leader Joseph Margiotta for corruption. "Silverman said that Giuliani and his two assistants, William Schwartz and David Zornow, used ?totally fabricated? evidence and ?turned the other way? so that Lindenauer could keep money he received in bribes. "?There?s a lot at stake here,? he said, alluding to Giuliani?s reputed political ambitions. Newsday, 11/21/86 and the evidence he did have was obtained through the ethically questionable practice of eavesdropping. [Jerome] Driesen, a friend of star prosecution witness Geoffrey Lindenauer, had also agreed to cooperate with the government and allowed FBI agents to plant listening devices in his office. "According to recently unsealed transcripts of a meeting between [Thomas] Puccio, Giuliani and Federal Judge Whitman Knapp, neither Puccio nor [Harold] Borg knew the conversation was being recorded. "The transcript also indicates that Borg -- not Puccio was the target of the wiretap. "Borg was being investigated on a matter unrelated to the PVB case, Giuliani told Judge Knapp at their Sept. 24 closed?door meeting. New York Post, 10/6/86 "It appeared from the transcript that the purpose of the meeting was to allow Puccio to pump Driesen for information on Lindenauer in return for Puccio?s help in getting secret documents Dreisen could use to make a better deal with the government. "In conversations with Driesen before the meeting, the mystery man ?was representing that Mr. Puccio could do things which under one interpretation could be considered to be improper or criminal,? Giuliani said in the closed hearing last Wednesday. It was, he said, ?a kind of quid pro quo relationship.? "He said taping the meeting was ?in everyone?s interest.? B-70 "But, Giuliani added: ?When we reviewed that tape we came to the conclusion there was no such conduct and closed any investigation of Mr. Puccio.? Daily News, 10/2/86 "Dr. Driesen, Mr. Giuliani said, was instructed not to discuss anything having to do with Mr. Friedman?s case. The witness referred to by Mr. Giuliani was not identified in the transcript. New York Times, 10/2/86 "Later Giuliani claimed that it?s ?a rather esoteric matter as to whether or not Mr. Puccio was under investigation.? Village Voice, 10/ 14/86 The legality of Giuliani?s methods have been questioned "Under law, conversations between a lawyer and his client are privileged, and a prosecutor cannot eavesdrop on them or compel either party to discuss them. "But this privilege does not extend to a conversation between a defense lawyer and a third party. For example, Mr. Giuliani could have questioned Dr. Driesen after his meeting with Mr. Puccio and required him to describe Mr. Puccio?s statements, said Stephen Gillers, a professor of legal ethics at New York University Law School. "Nevertheless, Professor Gillers said he believed Mr. Giuliani had violated ethical standards, including a 1980 opinion by the New York Bar Association that rejected the secret recording by lawyers of their conversations with other lawyers, except in the case of a defense attorney seeking to gather material on behalf of his client. "This violation gave Mr. Giuliani a tactical advantage in preparing his case, the professor said. "If Giuliani believed there was a probable cause to believe Puccio was bribing a witness or suborning perjury, he had a responsibility to get a warrant from a judge,? Professor Gillers said. ?That is the way to purify this activity. He could have gotten it if he had the facts. New York Times, 10/2/86 8-71 but in the end, were found to be perfectly legitimate. ??It would seem. to me so silly,? said [Judge Whitman] Knapp, ?that I can?t really conceive that?s what they?re doing.? (Strangely, none of the daily news stories about the taping episode cited the judge?s frequently expressed opinion that no setup had occurred. "There may well have been a solid evidentiary justification for Giuliani?s act, but he is unable to make that case now because of Knapp?s order prohibiting any further discussion of the incident. What comes across in the transcript of the hearing is that Giuliani was primarily probing the activities of the third person at the meeting, attorney [Harold] Borg, who had suggested in previous discussions that he could get at the secret records of a Queens grand jury probing corruption." Village Voice, 10/14/86 "Since 1968, federal law has permitted prosecutors, in the pursuit of crime and without a court order, secretly to tape conversations in which one party has consented to the taping. "?Based on what we know now, it seems the prosecutor was entitled to act as he did,? said James Blair, chairman of the state bar?s ethics panel. "The twist in the case is that Puccio did not know that the witness also was a government informer. ?Giuliani played hardball, but Puccio wasn?t born yesterday,? a leading professor of legal ethics said. Daily News, 10/ 3/ 86 Strangely, Andrew Stein didn?t see this corruption case as a victory. "Many of the people who run New York City?s government - and some of those who monitor them - predicted yesterday that the guilty verdict in the trial of Stanley M. Friedman, the Bronx Democratic leader, would act as yet another impetus to reform." "Others said they feared the verdict would worsen what City Council President Andrew J. Stein called ?a certain bunker mentality? in government. "?These convictions can be of great assistance in getting reforms that have been impeded by the State Legislature,? the Mayor said. New York Times, 11/26/86 3-72 Giuliani put away a number of Democrats and Republicans in the Wedtech scandal "Bronx District Attorney Mario Merola branded the case ?the largest corruption criminal investigation in the history of the nation, involving both Democratic and Republican parties.? ?Corruption and greed know no bias,? he said. Daily News, 6/4/87 including Congressman Mario Biaggi Federal grand jury indicted Representative Mario Biaggi, his son and five others yesterday on charges of transforming the Wedtech Corporation into a criminal racketeering enterprise that paid millions of dollars in bribes to win military contracts. "Mr. Biaggi, a Bronx Democrat who has served in Congress for 18 years, was also accused in the 58-count indictment of tax evasion, perjury and extorting $3.6 million worth of stock by? threatening to withdraw his support for Wedtech?s efforts to win Government contracts. New York Times, 6/4/ 87 and Congressman Robert Garcia. "Rep. Robert Garcia, who was re?elected two weeks ago to a seventh term as congressman from the South Bronx, was indicted with his wife yesterday on charges of conspiring to extort $185,100 and a diamond and emerald necklace from Wedtech Corp. federal grand jury in Manhattan charged that Garcia used his wife, Jane Lee Garcia, and attorney Ralph Vallone Jr., who also was indicted, as conduits for payments of money and an interest?free loan from Wedtech. Newsday, 11/22/88 Attorney Rudolph Giuliani said ?[Congressman Robert Garcia] sold his office. New York Post, 11/22/88 B-73 Biaggi stays out on bail. "Former Rep. Mario Biaggi can remain free on bail instead of reporting for an eight? year prison sentence for racketeering set to begin Jan. 9, a federal appeals court ruled yesterday. three?judge panel of the 2nd U.S. Circuit Court of Appeals ruled unanimously Biaggi can remain free during the appeal of his conviction because there are substantial questions to be resolved. "Biaggi, 71, was sentenced on Nov. 18, by Manhattan U.S. District Court Judge Constance Baker Motley, to an eight-year prison term for taking payoffs in the form of stock from Wedtech Corp., a now-defunct Bronx defense contractor. "At that time, the judge ruled the Bronx Democrat had little chance of overturning the federal court conviction and so should be imprisoned quickly. "The appeal probably will not be argued until next spring. But Biaggi still could be jailed in the meantime on his conviction in an unrelated gratuities case in federal court in Brooklyn. Biaggi?s petition to the U.S. Supreme Court review that case is pending. Biaggi?s 2 1/2?year sentence for the gratuities case runs concurrently with the eight?year term for the Wedtech racketeering conviction. "Last week, a different panel of the appeals court, ruled -- by rejecting pleas for bail -- that two of Biaggi?s co-defendants, former Bronx Borough President Stanley Simon and former Wedtech chairman John Mariotta, must begin their sentences Jan. 9. "Biaggi?s attorney, James M. LaRossa, contended yesterday the defense should have been permitted to question Biaggi?s daughter-in?law about a conversation in which the former congressman said he could not accept Wedtech stock. The government argued the conversation was invalid as evidence, as Motley had ruled." Newsday, 12/21/88 Other notable Giuliani public corruption successes against the Housing Authority "The Housing Authority, which has responsibility for 270 city housing projects, has been racked by scandal in the past year. Forty-six of the authority?s 225 superintendents have been arrested and charged in a continuing probe of corruption. B-74 Ten other have also been hit With a variety of charges, including mail fraud and extortion." Daily News, 11/19/85 and going after state senators ?State Sen. Israel Ruiz Jr. (D-Bronx) was indicted yesterday by a federal grand jury on two counts of lying to a bank and one perjury charge stemming from his connection with a not-for?profit development corporation called the Alliance for Progress. "?These are very serious allegations against a person who holds a very important public office,? said US. Attorney Rudolph W. Giuliani at a press conference yesterday with State Attorney General Robert Abrams. ewsday, 8/24/88 thought Giuliani was a better man than that, but I think he was duped by the State Attorney General for political purposes,? Senator Ruiz said. New York Times, 8/24/88 and a host of other officials. "In a ?sting? operation that swept from Long Island to the Canadian border, 58 people, including 44 New York municipal officials, have been charged with taking bribes and kickbacks from an undercover FBI. agent, Federal officials announced yesterday. suppliers of steel and highway materials, including two from a New Jersey company, were also charged as a result of the undercover operation in New York, which Mr. Giuliani said was the largest single bribery and kickback case involving municipal officials he was aware of. New York Times, 8/12/87 ?Brian Ingber, 38, chairman of the Sullivan County Board of Supervisors and also elected Town of Fallsburg Supervisor, was named in a 19-count federal grand jury indictment. B-75 "It alleges the group in 1982 conspired ?by false information? to assure service scaffold won a $570,000 construction contract on a $20 million sewage treatment plant, financed 75 percent by the federal government and the rest by Fallsburg and New York State. New York Post, 8/24/ 85 Ingber "was indicted yesterday by a Federal grand jury on charges of submitted forged write-in ballots that may have allowed him to win re-election in 1983. New York Times, 8/24/85 "?There is a mound of evidence that something is terribly wrong with the political system in New York,? said the United States Attorney for the Southern District, Rudolph W. Giuliani." New York Times, 8/19/87 How did Rudy stop all this corruption? "?The way you end corruption, you scare the daylights out of people. If you have the ability to lead, then you?re going to get people to pay attention to you.?" Rudolph Giuliani, Spy, November 1988 "The con?ict-of-interest law has to be strengthened. Political?party bosses should be covered as public officials so they can?t take what?s known as legal graft, or bribery. There should be restrictions on campaign financing. There should be full financial disclosure by all New York City and state officials. False statements on financial- disclosure forms should be felonies, the way they are under federal law, so if somebody lies about having received money, they?ll go to prison. Rudolph Giuliani, New York, 5/25/87 "The cases I get the most emotional about are the political?corruption cases. There?s something extra?aggravating when a person who holds political power violates his oath of office, because it has a tendency to unhinge public confidence in government. Rudolph Giuliani, New York, 5/25/87 B-7 6 ORGANIZED CRIME B77 "Says one federal prosecutor: ?It is true that the families except for the Gambino family, which [John] Gotti is running more efficiently than ever are in a state of disarray. But the real impact of organized crime is over the industries they control. There has really been no effect on the way the docks are run in Brooklyn, or the garment industry is run, or the construction industry is run. We haven?t even come close to winning the war.? The American Lawyer, March 1989 B-7 7 DEFENSE GIULIANI TAKES ON THE MOB Rudy Giuliani. used a relatively new tool, the Racketeer Influenced and Corrupt Organization (RICO) statute, not merely to: bust racketeers, but to bust rackets. No one before or since Giuliani took on the Mafia as US. Attorney for the Southern District of New York has equalled his success in mob-busting. Giuliani won the following big organized crime cases: 0 The Commission Case. In 1986, the heads of the five New York La Costra Nostra Families were convicted of racketeering offenses. They were found to be members of a ruling Commission of La Cosa ostra that approved mob murders, divided mob construction industry interests, and resolved mob disputes. Paul Castellano, Boss of the Gambino Organized Crime Family, was indicted in that case but was murdered in a mob-style "hit" before the case went to trial. The "mob moss" defendants each received lOO-year sentences for their crimes. Pizza Connection Case. In 1987, after a 17-month trial, major Sicilian and American La Cosa Nostra figures, including Sicilian mafia boss Gaetano Badalamenti, were convicted of racketeering and drug offenses in connection with an international drug-smuggling conspiracy that involved distributing drugs through pizzerias in the United States. The 17 convicted defendants received sentences of up to 45 years in prison and were ordered to pay "restitution" of up to $1 million. Colombo Family Case. In 1986 nine-ranking members of the Colombo Organized Crime Family, including its boss, Carmine "The Snake" Persico, were convicted of racketeering relating, in part, to that crime family?s illegal activities in the construction industry through its domination and control of two local concrete and cement workers unions. The defendants received prison sentences of up to 39 years for their crimes. Thereafter, in 1987, the Government used the civil RICO statute to put those two mob?dominated unions into trusteeship. Gambino Case. In separate trials in 1986 and 1989, more than 10 persons affiliated with the Gambino Organized Crime Family were convicted of criminal offenses that included racketeering, multiple murders, drug charges. loansharking, extortion, jury tampering, prostitution and participation in a stolen car ring. The convicted defendants received prison sentences, including one sentence of life?plus 150 years and another sentence of 165 years. Gambino Organized Crime Family chieftan Paul Castellano was also indicted in that case but was gunned down on a Manhattan street midway through the trial. The second trial lasted 17?months and included evidence of B-78 11 murders committed by the defendants. Ianniello Case. In 1985 several defendants, including prominent organized crime figure Matthew "Matty the Horse? Ianniello, were convicted of racketeering and tax Offenses in connection with a "skimming" operation in the bar and restaurant industry. The defendants received prison sentences of up to six years and forfeitures of up to $2 million. The Government thereafter used the civil RICO statute to put one of those restaurants, Little Italy?s landmark "Umberto?s Clam House," into receivership and to collect the $2 million forfeiture judgement. "Using it against the commission,? Mr. Giuliani said, ?that was an idea that no one had until I developed it and went down to Washington and started talking about it. And I came to the office with it.? "That is ?atly disputed by others who suggest the strategy was Goldstock of the state agency recalled that before Mr. Giuliani took office, Mr. Goldstock had fully briefed officials on bringing a RICO case against the five families. "Mr. Giuliani said the others? recollections were simply incorrect. ?Absolutely, totally not true,? he said. ?Those people are now trying to recreate a good idea.?" New York Times, 7/11/89 "The Colombo, Genovese, and Commission of La Casa Nostra cases, says Giuliani, ?were historic because it was the first time that so many high?level Mafia figures had been convicted, and it was the first time they had been convicted as families and as the commission. Therefore, [those convictions] permitted us to do civil racketeering cases following them. The Colombo case permitted us to take over and reform a union. As a result of the Genovese family case, we now control several concrete businesses; we control between seventy and one hundred million dollars in assets that were taken from the Genovese crime family, including ten million dollars in cash [forfeited proceeds of sale of prOperty]. And the commission case disrupted to a very large extent the way the Mafia can do business. "?All of these cases were carved out of a body of investigative work that the FBI had done and many assistants [in the US. Attorney?s Offices in the Southern and Eastern Districts] had done. What you saw was the fruits of investigations of about five years, with a great deal of overlap,? says Barbara Jones, chief of the organized crime unit under Giuliani, who is now first assistant district attorney in Manhattan." B-79 "At the start of the Colombo investigation in 1981, the two offices had agreed to prosecute the case together, but when time came for the indictments, one office had to have control. Justice officials decided the Eastern District should have it. ?When he came in, Rudy got that reversed,? recalls Bruce Baird, who was then as assistant in the organized crime unit. ?He went to see William French Smith.? "Recalls Baird: ?Rudy suggested it one day. He said, "What about a case against the bosses of all five families?" Only he would have thought he had the ability to persuade the Justice Department to let us do it.? Giuliani met with Attorney General Smith and FBI director William Webster, showed them the charts his assistants had made, explained he wanted to cut into other federal jurisdictions, borrowing agents from 14 cities and won their approval. "Says one federal prosecutor: ?It is true that the families -- except for the Gambino family, which [John] Gotti is running more efficiently than ever are in a state of disarray. But the real impact of organized crime is over the industries they control. There has really been no effect on the way the docks are run in Brooklyn, or the garment industry is run, or the construction industry is run. We haven?t even come close to winning the war.? The American Lawyer, March 1989 Decision against Genovese family is reversed, but not because of Giuliani. "Sternly criticizing the judge who handled the case, a Federal appeals court yesterday reversed the 1988 racketeering convictions of eight men, including the reputed former head of the Genovese crime family. "In a ruling that included unusually harsh language toward a fellow judge, the appeals panel also expressed ?frustration? over a controversy that arose when three jurors said that the judge, Mary Johnson Lowe of Federal District court in Manhattan, had pressured them to reach a verdict. "In ordering a new trial for the defendants, who included Anthony Salerno, the reputed former head of the Genovese crime family, the appeals judges cited two other mistakes by Judge Lowe. They found that by not allowing the grand jury testimony of two witnesses to be introduced during the trial, Judge Lowe had excluded information that could have severely undermined the prosecution?s case. The also found that the judge unfairly refused to let a defense lawyer question three Federal Bureau of Investigation agents who had taped conversations involving his client, Matthew Ianniello. B-80 ??This was an error of constitutional magnitude,? the judges, George C. Pratt, Frank X. Altimari and Roger J. Miner, wrote in their opinion. ?Judge Lowe?s inconsistent and unexplainable rulings deprived Ianniello of his right to present a defense, and constituted reversible error. "The courtroom marshal, Charles Perrine, was said to have told the jury foreman that ?The people outside are getting tired and restless, and if we don?t hurry up and make some type of decision, we are going to have to listen to over 100 audio tapes.? Mr. Perrine was also said to have told another juror that the juror had ?a pretty bad attitude. New York Times, 6/21/91 Fault can also be found with the prosecution. "The appeals court found fault with the prosecutors being inconsistent. The Government, in different trials, had characterized the same defendant, Nicholas Auletta, as both ?a puppet on a string? and a bidrigger, the judges wrote. That inconsistency, however, was not used to reverse the convictions. New York Times, 6/21/91 B-81 THE PIZZA CONNECTION CASE The mafia used pizzerias as a front for a major heroin smuggling operation. "In the pizza connection trial, which involves charges that pizzerias were used in drug dealing, 22 defendants are accused of conducting a major Mafia ring that brought heroin into this country and sent profits back to Sicily. New York Times, 11/1/85 "Mafia tumcoat Tommaso Buscetta testified yesterday that a key defendant in the Pizza Connection drug case was made a Cosa Nostra member and sent to the United States to receive drugs shipped from Sicily. New York Post, 11/7/85 "Law enforcement officials regard Mr. Buscetta as one of the most important Mafia figures who ever turned informer." New York Times, 11/5/85 There has been some criticism of the case. "Just a month ago, U.S. District Judge John Sprizzo dismissed drug conspiracy charges in the Pizza Connection 11 case, with an attack on Giuliani?s office. ?You let heroin traffickers out the door by not proceeding in a competent enough fashion,? Sprizzo told the assistant U.S. attorneys. ?You people have not been trained the way I have been trained.? Daily News, 4/30/89 B-82 THE COLOMBO CASE "As three of the defense lawyers did on Monday, seven of them assaiied the Government?s case yesterday, saying it was based on information from unreliable informants and corrupt public employees and on the misinterpretation of wiretap evidence. New York Times, 11/6/85 "James ?own across the country to show his loyalty to friends, to show his contempt for charges that those on trial were Mafia men who broke laws as casually as other men might cross the street. "Looking over at Caan from his seat among the spectators, Giuliani said softly, thought he was killed ?at the tollbooths.?" Daily News, 11/5/85 "Defense attorneys said US. Attorney Rudolph Giuliani overstepped his bounds in bringing the indictments. They sought to limit the issue to specific charges, not whether the defendants were members of a crime family. Newsday, 11/5/85 "Ralph Sc0po and Dominic (Donnie Shacks) Montemarano, two longtime leaders of Brooklyn?s Colombo organized-crime family, were sentenced to prison for labor racketeering yesterday. New York Post, 10/15/87 B-83 THE GAMBINO CASE burly former hitman [Victor Arena] admitted yesterday that he is testifying against reputed mob boss Paul Castellano in return for government leniency for a criminal who was his gay lover [Joseph Lee]. "In Arena?s deal with the government, he received an 18?year sentence on federal charges, including murder, with the agreement that sentences for state charges (including the armed robberies) would run concurrently. According to the deal, Lee would get a one-year sentence for the states charges and also become a federal informant. Daily News, 11/6/85 "An excerpt from the court proceedings: U.S. Attorney Rudolph Giuliani: ?Mr. Bonanno has a 26?year history by his own admission of exaggerating health problems to avoid testifying. Mr. Bonanno has been crying wolf over and over and over again. And, here we are, 26 years later, and he?s still with "Defense attorney William Kunstler (his reading glasses pulled above his forehead): ?Objection. Your honor, they want to get to the end where they finally kill him. Luckily he still survives.? "Giuliani: ?And he?ll survive this one too, your honor.?" "Kunstler said: "?This is a press only being done for the New York press, which is here, and to in?uence potential jurors back in New York.? Daily News, 9/5/85 B-84