This is a park.
8 Q Did you used to hang out in the park?
9 A Used to play ball there on and off.
10 Q Now, from this map can you tell us approximately where
11 the P.M. Pub was located?
12 A The P.M. Pub would be located right here.
13 Q How long were you associated in a crew that involved
14 John Alite, Joe O'Kane and Joseph Stabile?
15 A On and off, '86, '87, '88 and '89.
16 Q And during that period of time was there any particular
17 location that was a base of operations for that crew?
18 A P.M. Pub.
19 Q Were there any particular leaders within the P.M. Pub
20 that you met with frequently?
21 A Let‘s get to the point. Uh, Ronnie Trucchio, that was
22 his main headquarters. John Alite, that was his --
23 75 percent of his main headquarters.
24 Q Could you describe for the jury your relationship in
25 criminal activity, generally, with Mr. Alite and/or
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1 Mr. Trucchio.
2 MR. COROZZO: Objection to the form, Your Honor.
3 THE COURT: Yes. I will sustain.
4 Why don't you ask --
5 BY MR. TREZEVANT:
6 Q I'll ask a different question.
7 Was John Alite involved in criminal activity during
8 that period, sir?
9 A Yes, he was.
10 Q Were you involved in criminal activity during that
11 period?
12 A Yes, I was.
13 Q Was your activity with John Alite?
14 A Yes.
15 Q And was it with Ronald Trucchio?
16 A YeS.
17 Q While you were in a crew with John Alite and
18 er Trucchio, was anyone -- in particular, generally -- a
19 leader of the crew?
20 A There was over a dozen people in the crew. And the
21 known leaders would be John Alite, and his partner was
22 Rcm Trucchio.
23 Q And generally how were decisions made?
24 Based upon your observation, how -- how were decisions
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1 When you -- when you received instructions or you had
2 discussions generally, what was -- what did you observe
3 concerning Mr. Trucchio and Mr. Alite being in charge of
4 that crew?
5 A Mostly everything -~ everything that we did went
6 through -- through Alite, through John. And all -- most of
7 the deals also, if Ronnie had something to say or had part
8 of the involvement in it, it went to Alite, and Alite would
9 bring it to us.
10 And at times Ronnie would make suggestions, or -- or
11 point in direction certain things that had to be done, or
12 certain directions had to go on.
13 Q And during that period of time, how often would you be
14 able to find Mr. Trucchio in the P.M. Pub?
15 A Daily.
16 Q And did you, yourself, go to the P.M. Pub?
17 A Daily.
18 Q And when you went there, did you ever have discussions
19 with Mr. Trucchio?
20 A On and off.
21 Q Now, without going into great detail, because we'll get
22 into it as we move along, what, if any, types -- what
23 would -- if any, were the main types of criminal activity
24 engaged in by that crew?
25 A Narcotics . 4
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1 release, did you at any time participate in the shooting of n
2 any individual?
3 A In 1986?
4 Q In late '85 or early 1986.
5 A Yes.
6 Q Did anyone die as a result of the shooting?
7 A No.
8 Q As far as you know, have you ever committed a violent
9 act that led to a person's death?
10 A NO.
11 Q But did you participate in the shooting?
12 A Yes.
13 Q Who was shot, sir?
14 A Are we talking about a situation, uh, Michael --
15 Q Sir, but the question was, who was shot?
16 A This shooting we're talking about was Michael Livigni.
17 Q All right.
18 Did you participate in the planning that led up to the
19 shooting? /
20 A Yes.
21 Q What was the location of the planning that led up to
22 trw shooting?
23 A There was several locations. Uh, P.M. Pub,
24 John Alite's family home, Joseph O'Kane's family home.
25 Jcmeph Stabile's mother's home. <::);
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1 Q At the P.M. Pub, uh, did you participate in
2 conversations concerning the shooting of Mr. Livigni, the
3 planning of it?
4 A Yes. Yes.
5 Q Who was present for those discussions?
6 A Defendant, Ronald Trucchio, John Alite, Joseph Stabile
7 and Joseph O'Kane.
8 Q Could you describe for the jury the inside of the
9 P.M. Pub, generally.
10 A The door's on the right-hand side. When you walk in,
11 to the left there's a bar about 12 feet long. On the
12 right-hand side past the bar would be a pool table. Juke
13 box -- the juke box was in the front. Had a storage room to
14 the left, bathroom towards the back.
15 That's the best I could remember. It's been a long
16 time,
17 Q The discussions concerning the shooting of Mr. Livigni,
18 do you recall where in the bar the discussion took place?
19 A Towards the back where the storage room was.
20 Q And who was present, sir?
21 A As I said again, Ronald Trucchio, John Alite,
22 Joseph O'Kane, Joseph Stabile.
23 Q And at the time, what did you, yourself, personally,
24 actually know about Mr. Livigni?
25 A Hum, he was a member -- he was a person who hung out at
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1 the P.M. Pub. He lived on 78th -- what 1 know about Mike,
2 lived on 78th Street off of 101st Avenue. A little older
3 than me. He hung out at the P.M. Pub, He was, you know,
4 very well known in the neighborhood, very friendly,
5 associated with all the guys in the neighborhood. He grew
6 up there,
7 Q Could you physically describe what he looked like.
8 A Darkish hair, chunky -- at that time, chunky. Decent
9 looking fellow, very friendly,
10 Q Did you have any problem with Mr. Livigni at the time?
11 A I hardly knew him.
12 Q When it was discussed to ~- that it -- that there was
13 going to be a shooting of Mr. Livigni in the P.M. Pub, uh,
14 was any explanation given as to why Mr. Livigni was to be
15 shot?
16 A Well, what I was told, from my understanding, was
17 that --
18 MR. COROZZO: Objection to the compound answer,
19 Your Honor, and if it's what he's told, the source.
20 MR. TREZEVANT: Yes, sir.
21 I can take it step by step, Your Honor.
22 THE coURT= All right;.
23 BY MR. TREZEVANT:
24 Q In the back of the P.M. Pub, planning to shoot
25 Mr. Livigni, who was present?
A Again, Ron Trucchio, John Alite, Joseph Stabile and
Joseph O'Kane.
Q And yourself; is that --
A And myself, correct.
Q While the five of you are in the back of the P.M. Pub
discussing the shooting of Mr. Livigni, are you told
anything as to why Mr. Livigni is to be shot?
A 1 was told why before that.
Q But at this time -~ we'll get to that -- but at this
time were you told why?
A No. Just at this time, just that he has to be found,
and when he's found, let's get this going.
Q Okay.
And who said that, sir?
A Really, Alite was in charge of the conversation.
Ronnie was talking about things, and Joseph O'Kane, mostly.
Q What, if anything, did Mr. Trucchio say about it?
A He just wanted to know what was -- he was more
concerned about why things weren't happening.
Q When you say "why things weren't happening," why what
wasn't happening?
A Alite took offense to --
Q I'm sorry --
MR. COROZZO: Your Honor, I object to interrupting
the witness. The witness was giving an answer, and
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1 Mr. Trezevant is not happy with the answer and --
2 MR. TREZEVANT: No, no, no, Your Honor, I'm trying
3 to direct him to answer my question, is what I was going to
4 ask him to do.
5 THE COURT; All right. Well, let's try it again,
6 then.
7 What is the question?
8 BY MR. TREZEVANT:
9 Q Okay. Now --
10 A Let‘s go back to the question.
11 Q Mr. Ciaccio, I will ask the question. And just listen
12 to the question, and just answer the question, and then we
13 can elaborate.
14 First, when Mr. Trucchio said -- was talking about why
15 things weren't getting done, what was he talking about?
16 What was -- what was the topic of the conversation?
17 What wasn't getting done?
18 A While at the P.M. Pub the conversation was brought
19 up -- like we went there at the time --
20 The question was what?
21 MR. COROZZO: Your Honor, again, I think one of
22 the problems with the people talking over each other is that
23 the witness is being interrupted when he's giving answers.
24 MR. TREZEVANT: I ~- just didn't want him to
25 ramble on, Your Honor, and make it more difficult.
Go ahead.
THE COURT: You‘ve either got to let him answer
the question or ask another question, or ask a more specific
question.
BY MR. TREZEVANT:
Q Yes, ma'am, I will.
Go ahead, Mr. Ciaccio, explain what happened at the
P.M. Pub.
A At this moment I was -- we were driven there, myself,
Joe O'Kane and Joseph Stabile; arrived at the P.M. Pub to
meet John Alite for daily -- you know, just daily
activities, daily business, hello, how are you doing?
Ronnie Trucchio is there, and the conversation turned
into somebody found out that they knew Mike was in the area,
Mike Livigni. John Alite was upset because of the
disrespect that was given to Ronald Trucchio -- from my
understanding and what was told to me from John Alite and
Joseph O'Kane themselves -- that Michael Livigni
disrespected Ronald Trucchio at some point by either raising
his hands, or disrespecting him, you know, with his voice.
And John Alite took this as very disrespectful and was
very upset about this. So, the conversation was that when
we get ahold of him, or we could find Mike Livigni, you
know, John Alite was going to take control and do whatever
has to be done. And everybody seemed happy about that. It
was just a macho thing. Everybody -- you know, it was a
2 beautiful thing. Let's go do what has to be done.
3 Q All right.
4 Now, that conversation, where was that conversation?
5 A That first conversation was held that -- at the
6 P-M. Pub, and I learned about this situation from
7 John Alite.
8 Q And you said you had conversations with Mr. Alite
9 earlier about that?
10 A Well, that was the first conversation. The first time
11 I heard about it was at the P.M. Pub.
12 Q Was there any further discussion concerning
13 Mrn Livigni -- the shooting of Mr. Livigni?
14 A Yes.
15 Q Where was that conversation?
16 A One was at Joseph O'Kane's mother and father's house,
17 the other one was at John Alite's family's home, and another
18 one as at Joseph Stabile's home. Joseph Stabile and his
19 family were close with Mike Livigni.
20 Q Was there any discussion concerning Mr. Livigni when
21 you were in the P.M. Pub while Mr. Trucchio was present that
22 it was clear that Mr. Livigni was to be shot?
23 MR. COROZZO: Objection, Your Honor. Extremely
24 leading.
25 THE COURT: YeS.
1 Rephrase.
2 BY MR. TREZEVANT:
3 Q Was Mr. Trucchio present during these discussions
4 concerning the shooting of Mr. Livigni?
5 A Yes, he was. At that conversation, yes.
6 Uh, can I correct? There was -- it wasn't that there
7 was going to be a shooting, it was that something had to
8 happen, and it turned out to be a shooting,
9 Q Now, was there a period of time when you all were
10 looking -- when you, Mr. Alite -- you said you were looking
11 for Mr. Livigni?
12 A Yes.
13 Q And at some point was he located?
14 A Yes, he was.
15 Q Where was he located?
16 A He was located at a place called Port O' Call's Bar.
17 Q And what, if anything -- not the details, we'll get to
18 that -- but just generally what happened at the
19 Port O' Call, if anything?
20 A Concerning the shooting?
21 Q Yes.
22 A Okay. Well, we went into the Port O' Call's Bar. He
23 was there, And we walked in, surrounded him. John Alite
24 pulled out a weapon and pointed it at Livigni and pulled the
25 trigger. Shot him.
1 Q Did you shoot Mr. Livigni?
2 A No. As I said, John Alite.
3 Q Did anyone else shoot Mr. Livigni?
4 A No.
5 Q Do you know where the gun came from that was used to
6 shoot Mr. Livigni?
7 A Joseph OfKane's home.
8 Q Could you tell the jury about that, sir.
9 A When he was located -- almost all the time guns were in
10 somebody's car or somebody's possession. And at this time
11 everybody had to have a gun on him. Our last approach was
12 we had two cars, myself and Joseph Stabile in one car,
13 Joseph O'Kane and John Alite in another car,
14 Went to Joe‘s house, picked up another weapon. From
15 there we proceeded to Port O' Call's, parked in front of
16 Port O' Call's, which is a bus stop.
17 Q When you entered the Port O' Call, was it -- what
18 approximate time of the evening was it?
19 A Before midnight.
20 Q Did you recognize anybody in the Port O' Call?
21 A Just the bartender.
22 Q Did any of the four, you, Joe Stabile, Joseph O'Kane or
23 John Alite, is anybody wearing a, uh, disguise or a mask of
24 any kind?
25 A No, not at all.
1 Q Were there many people in the bar?
2 A You know, everything was zoned out. When we went in
3 there, we went with one intention and one intention only.
4 Tkmre was no having a drink, no stopping to say hello.
5 Q When you entered the bar, where were you standing when
6 Mr. Alite shot Mr. Livigni?
7 A We squared off -- we squared in the bar, Alite and
8 O'Kane on one side, and myself and Stabile on the other.
9 er Livigni was near the bar when Alite approached him,
10 pcnnted the weapon and just pulled the trigger.
11 Q Where did he shoot him, sir?
12 A Abdomen, chest -- in the area. Front body shot.
13 Q In the torso, sir?
14 A Yeah, front body shot.
15 Q I'm showing you what's been marked as Government's 11B.
16 (Pause.)
17 MR. COROZZO: Your Honor, may we have a sidebar,
18 please?
19 THE COURT: Yes.
20 Just a second, let me --
21 MR. COROZZO: Okay.
22 (Thereupon, the following conversation was had at
23 the bench: )
24 THE COURT: Make sure I know what these are.
25 These are hospital records?
2 hospital records from Jamaica, uh, Hospital. We filed a
3 Declaration of Authentication of Business Records. It's
4 document number 492. Uh, we filed it in the court record,
5 provided notice obviously to all counsel that, uh -- and
6 we've turned these records over.
7 MR. COROZZO: That's not the issue, Your Honor.
8 The issue is why, even if this was -- is going to be
9 admitted as evidence, what's the relevance of showing it to
10 this witness? This witness never saw the record, this
11 witness was not in the hospital. 1 don't understand why
12 it's being shown to this witness.
13 THE COURT: Well, I think it's admissible as long
14 as it's relevant, and I don't know what you're going to --
15 you're not trying to get it in through this witness, are
16 you?
17 MR. TREZEVANT: Yeah, the ~- I'm actually putting
18 it in as a business record, Uh, it's going to show this
19 witness as something published, some of the information on
20 this document as a business record.
21 The relevancy is that it is a hospital record from
22 Michael Livigni showing the shooting on February, uh, 1 of
23 1986; uh, that he was shot with a gunshot wound to the
24 abdomen. Uh, and, you know --
25 THE COURT: okay.
16 Q Prior to going to the Port O' Call, did you pick up any
17 weapons?
18 A As 1 said, yes, we did, at Joe O'Kane's home.
19 Q And when you went to the Port O' Call, what was your
20 purpose in going there, sir?
21 A To give backup to John Alite.
22 Q While John Alite did what?
23 A 1 can't use his mindset, but whatever --
24 MR. COROZZO: Objection, then, Your Honor. He
25 doesn't know,
Put harm to Michael Livigni.
And when you arrived at the Port O' Call, who were you
sir?
Joseph Stabile.
Were you in a car?
1 was in a car with Joseph Stabile.
Who was driving the car?
Joseph Stabile.
Whose car was it?
One of the cars Joseph O'Kane had.
Where was Mr. Alite?
In the car with Joseph O'Kane.
And who was driving that car, sir, if you know?
Don't know.
Do you know what kind of car it was?
Corvette.
Did Joseph O'Kane own a Corvette at that time, sir?
That car -- 1 didn't say it was that car. 1t was not
Jcmeph O'Kane's car.
Whose car was it, sir?
John Alite's.
When the two cars approached the Port O' Call, where
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1 did they park?
2 A Cars parked on Atlantic Avenue right here.
3 Q What -- what is located there to allow the cars to
4 park?
5 A It's a bus stop.
6 Q Was one car located in front of the other?
7 1 mean, how did they park?
8 A Alite and O'Kane pulled up in front, myself and Stabile
9 behind.
10 Q After, uh, the shooting, did the four of you go --
11 leave together?
12 How did that happen?
13 A Same thing. Two guys in each car.
14 Q Both individuals in the same car as when they arrived?
15 A As we arrived, correct.
16 Q And where did you go?
17 A O'Kane and Alite went towards Alite‘s mother's house.
18 Myself and Stabile went to Stabile's mother's house.
19 Q Following the shooting of Mr. Livigni, did anyone hide,
20 leave town, any of that kind of thing?
21 A What I'd known is John Alite went to the --
22 Pennsylvania, Poconos, for a day or so.
23 Q Did you leave town?
24 A No, 1 did not.
25 Q Were you worried about getting caught?
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1 A No. 1 should have, but 1 wasn't.
2 Q How soon after the shooting of Mr. Livigni did you
3 return to the P.M. Pub?
4 A Next day.
5 Q When you returned to the P.M. Pub the next day, did you
6 see Mr. Trucchio there?
7 A Mr. Trucchio was there, yes.
8 Q And did you have any conversation within the P.M. Pub
9 with Mr. Trucchio on that day?
10 A There was a brief conversation that he was satisfied
11 and happy with what was going on. Some people were worried
12 about if there was going to be any repercussions.
13 Q Now, when you say "a brief conversation," about what,
14 Sir?
15 A About satisfied that ~- what was done, you know, He
16 was -- more satisfied that John Alite would do something
17 like that for him and, you know, that's what was supposed to
18 be done. That's your boy, that's your partner.
19 Alite and Ronnie are best of friends and, you know,
20 Alite stepped up and took care of what had to be taken care
21 of. And us being friends of his and being there, whatever
22 we could do, you know, satisfied job.
23 Q All right, sir.
24 Now, if we could move to another area. Were you ever
25 personally in the presence of a large quantity of cocaine or
8 Mr. Ciaccio, when Mr. Trucchio asked you a little while
9 ago about, uh, earlier testimony wherein you testified that
10 in the eighties you were with Ronnie Trucchio, do you recall
11 that question, sir?
12 A 1 recall that question.
13 Q And could you explain to this jury what that means,
14 being with someone when you use a phrase like that.
15 A Back in the eighties, even to today, when you're doing
16 certain criminal activities, 1 explained to the jury last
17 time -- and this is the criminal activity life -- and at the
18 times it was a whole bunch of associates were associating,
19 and Ronald`Trucchio was involved with certain people who
20 were higher up, who the people in the neighborhood knew he
21 was involved with.
22 My association came to Ronald Trucchio through
23 John Alite. And at that time John Alite and Ron Trucchio
24 were hand-in-hand like partners in the criminal activities
25 that 1 was involved in.
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1 Q And so, the phrase, "being with someone," does that
2 have a certain significance in that world of crime?
3 A 1t could help, yes, it could. It could help very much.
4 Q Could you explain to the jury what it means to be
5 "with" a person.
6 A Well, Ron Trucchio at the time was associated with --
7 MR. TRUCCHIO: Objection, Your Honor. Going
8 outside the scope.
9 THE COURT: Sustained.
10 He's just asking you what it means to be with
11 somebody.
12 THE WITNESS: I'm sorry, 1 was trying to explain
13 to the jury that Ron Trucchio was with certain people who
14 were important in our neighborhood.
15 BY MR. TREZEVANT:
16 Q And in that -- in that -- in that sphere of criminal
17 activity, if you say you're with Ronald Trucchio, what does
18 that mean?
19 A It means --
20 MR. TRUCCHIO: Objection, speculation, Your Honor.
21 THE COURT: Overruled.
22 What does it mean to you?
23 THE WITNESS: As again, what it meant to myself
24 and it meant to the people who 1 was associated with, if
25 they were with Ronald Trucchio or the people who were
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1 involved with him, if they have a probleml Ronald Trucchio
2 could have a problem. And if Ronald Trucchio has a problem
3 because of his position, the people he was involved with
4 would have a problem.
5 BY MR. TREZEVANT:
6 Q And you were with Ronald Trucchio for what year, sir?
7 A '86, '87 and '88.
8 Q 1s that when you were in the crew headed by
9 Mr. Trucchio and Mr. Alite?
10 A Exactly. Headed by Mr. Ronald Trucchio and
11 Mr. John Alite.
12 Q Now, sir, do you recall on Friday, when Mr. Corozzo
13 asked you a number of questions about your involvement as
14 a crew member in -- actually in the sale of cocaine?
15 A Yes, 1 do.
16 Q And, uh, did you name a number of bars in which you
17 delivered cocaine to a person who was selling cocaine in the
18 bar?
19 A Yes, 1 do.
20 Q Did you say during -- at that time that the cocaine
21 typically came to you from Mr. Joseph O'Kane?
22 A Through Mr. Joseph O'Kane and Mr. John Alite.
23 Q After you would deliver the cocaine to a person, 1
24 believe you said Mr. Robert Angle in the bar, who actually
25 would receive payment for the cocaine?
l Q About John Alite?
2 A Yeah,
3 Q That's what Mr. Scaglione told Mr. Alite?
4 A That's what Alite told me, yes.
5 Q Were you involved in a robbery of a funeral home in
6 Queens, New York?
7 A No.
8 Q Were you involved in discussions of a robbery of a
9 funeral home in Queens, New York?
10 A Yes.
ll Q What was the name of the funeral home?
12 A Papavero.
13 Q Papavero?
14 A Yes.
15 Q And, uh, was the Papavero Funeral Home -- strike that.
16 Where was the Papavero Funeral Home located?
17 A Maspeth, Queens.
18 Q Maspeth?
19 A Yeah.
20 Q And, uh, where is Maspeth, Queens?
21 A From where 1 live, or --
22 Q Is it located near Woodhaven or --
23 A Yeah, ten minutes.
24 Q Okay.
25 Uh, and, uh, you -- when you say you were involved in
Was it before Mr. Alite went to prison in 1996?
Yes.
Okay.
Uh, with whom did you discuss the robbery of the
Papavero Funeral Home?
Patsy and John Alite.
Tell us about that discussion.
What was discussed on that occasion?
John asked me if 1 knew where it was, and said that he
had some information that there was a lot of money there.
Q
A
You have to speak up now.
John asked me if l knew where it was, and he said there
was a lot of money supposed to be in there.
Q
Okay.
And, uh ~- okay, well, why was that important that
there was supposed to be lot of money in there?
Because he wanted to rob it.
Okay.
Did he ask you to rob the funeral home?
Yes.
Okay.
And was this while you were in the presence of -- well,
who was present when he asked you that?
A 1 think it was just me, John and Patsy.
Q Okay.
And were you aware at the time this conversation took
place, did you know about the Papavero Funeral Home?
Yes.
Did you know where it was located?
Yes.
How did you know about the Papavero Funeral Home?
My grandmother lived down the block from it.
f) w K) Y () Y
Okay.
Did anybody in your family know the owners of the
Papavero Funeral Home?
A Yes.
Q Who -- who knew the owners of the Papavero Funeral
Home?
A My father and my grandmother -- my whole family.
Including yourself?
Yeah.
Okay.
And when Mr. Alite, uh, was discussing the robbery of
the Papavero Funeral Home, did you agree to help rob that or
not -- that home, or not?
A No.
Q And tell us about that. What did you say about that?
A 1 said that my family knows them. And he said then you
can't be involved, because just in case they see me.
Q Okay.
And so, were you involved in the robbery of the
Papavero Funeral Home?
A No.
Q Do you know whether or not the Papavero Funeral Home
was ever robbed?
MR. COROZZO: Objection, Your Honor, foundation.
THE COURT: Sustained.
BY MR. MOORE:
Q Did you ever have any discussion with Mr. Alite and
Mr. Andriano as to whether or not the Papavero Funeral Home
was robbed?
A Yes.
Q And, uh, what did Mr. Alite tell you in that regard?
A That they went to rob it, but it got messed up.
Q When you say "they went to rob it," who did Mr. Alite
say went to rob it?
A John Alite, Kevin McMahon, Charles Carniglia, uh,
Pasquale Andriano, Dave D'Arpino and, uh, Ray Assante.
Q Okay.
Uh, did you have conversations with Mr. Andriano about
whether or not the funeral home had been robbed?
A Yes.
Q What did he tell you?
A Same thing. They tried to rob it, but they didn't get
what they were supposed to get.
Q Okay.
Now, you mentioned, uh, some names that -- that they
mentioned. Uh, you mentioned Dave D'Arpino?
A Hum-hum. (Nodding affirmatively)
Q Was he involved?
A Yes.
Q Uh, Patsy?
A Yes.
Q Charles Carniglia?
A Yes.
Q Did you -- did you know Charles Carniglia?
A Yes.
Q How did you know Charles Carniglia?
A Met him through John Alite.
Q And, uh, where did -- where were you introduced to
Charles Carniglia?
A 1 don't remember where.
MR. COROZZO: Excuse me. 1 could not hear that
answer.
THE WITNESS: 1 don't remember where.
BY MR. MOORE:
Q Did you, uh -- are you familiar with an individual by
the name of John Carniglia?
A Yes.
Q And, uh, is John Carniglia related in any way to
Charles Carniglia?
A His brother.
Q And was Mr. Charles Carniglia and Mr. John Carniglia,
were they, uh, wise guys?
A Yes.
Q And, uh, whose crime family were they in?
A Gambino.
Q The Gambino crime family.
Uh, had you -- had you ever, uh, seen Kevin McMahon in
the presence of Charles Carniglia, or John Carniglia?
A Uh, Charles, 1 seen him with -- not John.
Q Okay.
And on more than one occasion?
A Yes.
Q How many times have you seen Kevin McMahon with
Charles Carniglia?
A A lot, pretty much every time 1 seen him.
Q Okay.
And where would you see Mr. McMahon and
Charlie Carniglia?
A Around the neighborhood.
Q Now, did Patsy and John Alite tell you that
What did Mr. Alite tell you, uh -- well, let me -- what
did Mr. Alite tell you as to who went inside the funeral
home?
A Uh, Kevin McMahon and Ray Assante.
Q Who is Ray Assante?
A A guy from the neighborhood.
Q Okay.
Did you know Mr. Assante?
A 1 met him before.
Q Okay.
Did you hang around much with him?
A No.
Q Was he a Woodhaven guy, or a Howard Beach guy, or an
Ozone Park guy?
A 1 met him when he was working with --
MR. COROZZO: Objection to the form of the
question, Your Honor.
THE COURT: Sustained.
Q If you know, what neighborhood did he hang out in?
A When 1 met him he was in Woodhaven, 1 don't know where
he lives.
Q And, uh, what did Mr. Alite tell you about what
happened at this robbery of the Papavero Funeral Home?
A Just said that Kevin and Ray went to get the money, and
they didn't get what they were supposed to get.
Q Okay.
What did Mr. Andriano tell you about the robbery of the
funeral home?
A Same thing.
Q Okay.
And, uh, did they say whether or not they got any money
from the funeral home?
A Couple of thousand, 1 think.
Q Okay.
And, uh, did you get any money from the funeral home
robbery?
A No. (Shaking head negatively)
Q Did they tell you how much they thought they were going
to be getting from the robbery?
A Half-a-million or more.
(Pause.)
Q Have you ever been to an establishment known as
with a weapon?
A No, not all of them, no.
Q Of the ten, approximately how many were you armed with
a weapon?
A Maybe four or five of them.
Q And what type of weapon did you have during those
robberies, sir?
A 1t was a pistol.
Q Approximately when did the robberies occur?
A In '98, a couple of months in '98, spring of '98,
Q Did you commit these robberies with anyone else, or on
your own?
A No, 1 was by myself.
Q Was it part of any larger group or crew, or was it just
individual crimes?
A It was just individual crimes.
Q And the period during which you committed these armed
robberies, is that a period during which, uh -- well, let me
back up.
Do you know John Alite, sir?
Yes.
A
Q When did you first meet John Alite?
A When 1 first moved into Woodhaven, 1976.
Q
So, the period during which you were committing these
robberies by yourself down here in Florida in 1998, was
Now, other than your crime here in Florida, I'd like to
go back and focus a little bit on your growing up in Queens,
in New York.
How old were you, if you can tell us, when you first
became involved in criminal activity up in New York?
A I was ll, 12 years old. We were doing -- you know,
getting into trouble already.
Q And if you need some water, Mr. Bonner, there's a
little jug there and a cup.
(Pause.)
A Okay.
Q Initially what type of criminal activity were you doing
He didn't say yes, he didn't tell him no either. He just
sort of said he would get back to him and let him know, and
never got back to him.
Q Now, sir, do you know whether Patsy DiPippa engaged in
criminal activity with John Alite?
A I know from Johnny, that Johnny Alite told me, yes,
that he was doing things with him.
Q Did you ever engage in criminal activity with
Patsy DiPippa and John Alite together?
A Yes.
Q When was, uh ~~ when did you engage in criminal a act
with John Alite and Patsy DiPippa?
A Oh, Johnny was holding a grudge against, uh -- against
Joe O'Kane for a couple of years --
Q And approximately what year are we talking about now,
sir?
A This is early '94, maybe. Yeah, March of '94 it was.
But all through the years he held -- was holding a little
bit of a grudge against him because of the situation with
the money,
Q Did you all discuss that grudge?
A Yes.
Q And did you ever make any suggestion to Mr. Alite, uh,
as to what could be done with Joe O'Kane?
A I suggested that we rob him.
Q At the time you made the suggestion, was it accepted?
A Not right away, no, unh-unh. (Shaking head negatively)
No, he -- he didn't -- John sort of rounded out on me
about it. He didn't give me no definitive answer, you know,
I was a little angry with Joe also because his situation, he
was getting married to my brother's ex-girlfriend, so there
was a little beef there with me and him.
Uh, no, one night in the middle of the night in early
'94 he called me up -- Johnny Alite called me up, and he
said, we're going to rob Joe.
Q Now, when John Alite said "we're going to rob Joe," uh,
what did you take that to mean, sir?
A I mean, I took it to mean we were going to rob
Joe O'Kane.
Q And did, in fact, you participate in a robbery of
Joe O'Kane?
A Yes.
Q How soon after the phone call in '94 did you
participate in the robbery of Joe O'Kane?
A It was a couple of weeks after that.
Q And where were you living at the time you received the
phone call?
A I was down in, uh, Coral Springs, Florida.
Q And where was John Alite living?
A He was in New Jersey.
Mr. O'Kane was doing at the time?
A Yes. He was selling --
Q Wait, wait.
And based on your understanding of what Mr. O'Kane was
engaged in, were you concerned about whether you could rob
him?
A Yes.
Q Could you explain that to the jury.
A He's selling coke, and he has to be paying somebody. I
know he's not paying John because John wants to rob him.
But he has to be paying somebody. He has to be connected to
So, my concern was if we robbed him, what would happen,
what would the repercussions be?
Q And would the repercussions be from Joe O'Kane, or
whoever he was with?
A Probably from whoever he was with.
Q And was that your concern?
A Yes. I wasn't really concerned about Joe, I was
concerned about whoever he was with.
Q And did you raise this issue to John?
A Yes.
Q And what, if anything, did Mr. Alite tell you when you
raised this up?
A I asked John if, uh -- if this was okayed.
Q And what, if anything, did he tell you?
A He said yes.
Q Did he ~- did you ask him what would occur if anyone --
if there were repercussions?
A He said we didn't -- for this, he said we didn't have
to worry about it.
Q Did he tell you why?
A He said that Ronnie would have our back.
Q And when he said Ronnie had your back, what did you
take that to mean?
A That, uh, Ronald Trucchio okayed it.
But every time there was a problem or a reference, he
would mention Ronnie‘s name. You know, I'll go see Ronnie,
or what -- you know? There's only one thing that means, and
that's that he's with Ronnie, That‘s it.
It's not like he said, oh, I'm with Ronnie, you know,
It's not spoken like that. It's not spoken in that manner.
Q So when he would say, "I'll go see Ronnie," who did you
take that to mean, sir?
A To mean Ronnie Trucchio,
Q Now, sir, did you ever have any discussions around this
time period, uh, when you were in, uh, New York with
Mr. Alite about whether Ronnie, uh -- Ron Trucchio was, uh,
a part of any organized crime family?
A When -- when I first went down to Florida he was coming
down --
Q Who's "he," sir?
A John Alite was coming down, and we'd go out to eat, and
he would tell me what was going on up there.
Q Would he keep you apprised of --
A Yeah, he'd -- just what was happening in the
neighborhood. And he told me that, uh -- he said that,
uh -- he told me when Junior got made, Carmine Agnello got
made, he said Ronnie got made. He mentioned all the things
that were going on in the neighborhood.
1 Bonner said that he sold cocaine for Alite, which
2 1 find is foreseeable to be attributable to Trucchio in the
3 early '80s, made about $2,000 a week.
4 O'Kane, 1 think -- 1 believe it was Ciaccio said
5 that he saw O'Kane with two kilos, saw Alite with
6 three kilos. O'Kane said he was selling a large amount of
7 cocaine. One -- or he said -- he didn't say -- but it was
8 said that O'Kane was selling one-half kilo to one-fourth
9 kilo a week during the 1986, '87, '88 time frame.
10 Even -- 1 think 15 kilos is a conservative
11 estimate, and 1 think the probation officer has correctly
12 scored it, and the rest of the enhancements 1 also think are
13 appropriate.
14 The next one is the attempted murder of
15 Michael Livigni. That's group two. And again, 1 think it's
16 correctly scored.
17 ‘ Mr. Corozzo made the argument that it was not
18 really an attempted murder, it was an assault, and therefore
19 the guidelines would change. And 1 disagree, 1 think it is
20 an attempted murder,
21 Mr. Livigni was shot in the stomach, that it was
22 not an assault, it was a serious life~threatening bodily
23 injury. The four-level increase is correct.
Last edited by Louiebynochi; 01/08/22 03:55 AM.
