Man Pizza Boy I can't agree with you more about Uncle Joe getting his conviction overturned.I mean how many mob guys actually get a break like that and for the most ridiculous reason.Nothing changed between the 1st and 2nd trial,so even now if his sentence makes it so he never gets out its like back in Feb.of 97 the Feds came to his cell and said your getting a 14 yr. furlough,see ya back here in 2011[when he actually got locked up]He went from weekends in Graterford to Margate just like that.

what got him out of his murder sentence?

There was a technicality on behalf of the prosecution. They failed to inform defense attorneys that one of the defendants was cooperating with the DA's Office. A prosecutor also deemed the group as a "pack of wolfs" I don't know if that's 100% on point but I think that's what happen.

That's exactley what happened,what a ereason to over turn a conviction.

Not only that but law enforcement does go after the drug gangs, cartels, etc. All the friggin 'time. They may not garner the same headlines the Mafia does but all one has to do is look at the press releases on the website of any district attorney, or the DEA for that matter, and see. Truth be told, these people who are bellyaching just want the mob to be left alone, for one reason or another.

Thursday, January 17, 2013

Mistrial in Mob Case? by George Anastasia

The case against Philadelphia mob boss Joseph "Uncle Joe" Ligambi and six co-defendants appeared to be tettering on the brink of a mistrial Thursday as lawyers met behind closed doors with the judge for several hours to discuss the possible dismissal of up to three jurors who have been deliberating for more than a week in the high profile case.

Lawyers were tight-lipped as they emerged from the session, held in the courtroom but behind locked doors. Jurors were released for the day shortly before 4 p.m. and were told to report to court Friday morning at the usual 8:30 a.m. starting time. But they were cautioned not to begin deliberations.

Lawyers, meanwhile, are expected to show up for a hearing -- which again may be closed to the public -- at which the future of the trial will be determined.
Deliberations came off the tracks around noontime as the jury was scheduled to come back into the courtroom to listen to tapes they had requested. The tapes focused on discussions between cooperating witnesses Louis "Bent Finger Lou" Monacello and Frank "Frankie the Fixer" DiGiacomo, associates of co-defendant George Borgesi.

This was the first time since deliberations began on Jan. 8 that the jury had posed any questions related to Borgesi. The 49-year-old mobster, who is Ligambi's nephew, is charged with running a bookmaking and loansharking operation from prison through Monacello.

But before the tapes could be played, U.S. District Court Judge Eduardo Robreno was handed a note from his clerk. The note apparently came from the jury room. Robreno called the lawyers to a sidebar conference and then abruptly recessed the proceedings.

Information has been sketchy ever since, but according to several sources, one of the jurors made critical remarks about the credibility and reliability of a defense witness, Jerry
Davis, whose testimony undermined Monacello's statements on the witness stand.

Why the juror waited until three months into the trial to disclose that she knew anything about a defense witness -- grounds for her dismissal -- and whether her comments had tainted the rest of the jury panel became the operative questions throughout an afternoon of closed door meetings.

Robreno first questioned the juror, a young African-American woman, and then individually quesioned the 11 other jury members to determine if anything she had said about Davis would influence their ability to remain impartial.

After the judge finished questioning each juror, the prosecutors and defense attorneys, along with the defendants, were brought into the locked courtroom and were allowed to listen to the judge's questioning and the jurors' answers, which had been taped.

Based on those answers, according to several individuals familiar with what took place, the defense has asked that the woman juror who raised questions about Davis and two other members of the panel be dismissed and replaced with alternate jurors who have been on standby since deliberations began.

A motion for a mistrial is also under consideration, but seveal sources said neither the judge nor the majority of the defendants want to scuttle the case at this point. A new trial at a later date could mean that the five defendants who have been denied bail, remain in jail.

Most legal experts also believe that a retrial is usually to the prosecution's advantage.

Should the judge seat the three remaining alternates, deliberations would proceed without any more alternates available. Two alternates were seated during the trial and a third was placed on the panel Wednesday after a juror called out sick for a second straight day.

Seating the three alternates would also require that deliberations start anew, setting back the process once again.

Monacello, 46, is considered the linchpin in the case against Borgesi. His tesimony, supported in part by DiGiacomo, tied the jailed mobster to a bookmaking and loansharking operation in Delaware County. Borgesi has been serving a 14-year sentence on an unrelated racketeering charge since 2001 and has been behind bars for most of the time period covered in the current case.

The defense argued that Monacello used Borgesi's name to enhance his own status in the underworld and that he was operating on his own while claiming to be Borgesi's point man. Davis, who lived next door to Monacello in South Philadelphia, testified about drinking sessions in Monacello's basement in which the brash talking mob associate boasted about his status, claimed that he had his own mob crew and talked of how he hated Ligambi.

On several occasions, Davis testified, Monacello said he should be the boss of the crime family.

Davis, a long-time employee of Philadelphia City Council, was apparently known to the juror who, sources say, told other members of the panel that a friend of hers who worked in City Hall said he was not to be trusted.
The juror was obligated to disclose what she knew or had heard about Davis once she realized he was a witness, but apparently opted not to do so until discussions about his testimony came up during deliberations.

How well the jury deliberation process was proceeding even before Thursday's chaos was an open question. The original jury foreman asked to step down Wednesday, an indication of friction in the jury room. And at the start of Thursday's session, Assistant U.S. Attorney Frank Labor asked the judge to send the jury a copy of the 52-count indictment.

Labor said it appeared the jury was "wandering in the desert."

Robreno denied the request. Since the jury hadn't asked to see the indictment, he said, sending it to them unsolicited might be interpreted as the court's attempt to direct or focus deliberations.

The wandering in the desert line drew responses from both defendants and defense attorneys. Mob underboss Joseph "Mousie" Massimino joked about needing a pair of sandals. And Christopher Warren, the lawyer for co-defendant Joseph Licata, said the line sounded like some of the dialogue from the movie The Ten Commandments.

Another line from that movie, Warren said, aptly described the defense's posture in the case -- "Let my people go."

The prosecution would LOVE a mistrial right now. It would give them additional time to file murder charges for the Gongs and Long John hits (if the speculation about Nicodemo flipping turns out to be true).

And Jeez, do you know what a mistrial would mean in legal fees? I doubt any of these guys, outside of Ligambi and Scoops, have the kind of money to go through this again. Fucking lawyers, man .

And the crazy broad who waited three fucking months to blurt out that she knew a witness should be tried and executed. Stupid bitch.

Before trial began, the press said Robreno would he a tough judge for the defense but he's made a lot of rulings that favored them.

Hey Dap, even you can't still think its going to be guilty across the board. At this point, I think the only people that will be found guilty of RICO (as oppose to acquital or individual charges) are the guys tied to the poker machines.

My gosh Ivey League you could not be more right about that.[That law enforcement does go after the drug gangs and cartels]The other day I think it was the DC channel,they were showing how Texas fights these cartels at the border of Mexico.One scene shocked me,the drug gang got spotted on the road and then there was a high-speed chase.The drug gang is flying towards the river in their van with DEA in pursuit and when they come to the river they floor it[its called a splashdown]and they end up right in the river and they have gang members armed in boats and they gather up the dope while the DEA can only watch.One scene they dredged up 4 vehicles filled to the brim with dope.This goes on 24-7.I mean at the headquarters there was this bin just filled to the top with trash-bags of it ready to be taken to the incinerator,I think that pile had a street value of 3.7 million.

I always wondered why this guy Davis even testified,to me it sounded suspicious from the start.If I'm on that jury and they call this witness and he says Monacello hated Ligambi and he thinks he should have been boss,I would have thought somebody got to him to shoot down Monacello's testimoney.Why would I believe this guy? If somebody offered me 5 grande to say so and so is a jerk,I would ,why not,so no way in the world would I believe a word he had to say.

As per one of my last comments in this thread, I predicted that if there was a verdict then I think it will still be guilty across the board on at least one charge for all the defendants BUT that the probability of a mistrial was increasing everyday.

A mistrial would be a win for the prosecution. They got a preview of what went well and what didnt go so well in terms of evidence, informants, wiretaps at the trial so they can re-up and prepare to re-try all these guys again, maybe even add an extra spice or two to the charges if Nicodemo flips. If a superseding indictment is unveiled prior to a retrial that levels some murder charges, then I think there is a strong possibility that one (or more) of these defendants (two in particular) might not even want to take the chance of being found guilty at trial and agree to cooperate with the govt then.

We shall wait and see my friend. Personally, I want this to be over and done with already.Tired of hearing about these jury deliberations. Lets be serious here: we have wiretaps, informants, paper records, owners of the joker poker company testifying they were forced to sell the company at a lower price,you even have the lawyers for the mob guys calling this "racketeering lite" in essence admitting their clients are involved in this business (gambling,etc) but that its "lite" since it doesnt involve any violence - particularly murders. Doesnt take a PHD to add one and two together to get three.

Yeah at best this is a temporary reprieve for the defense. Long term it's bad news for them. The odds go down for the defense should a retrial occur. Should be interesting. Wonder what the turnaround time would be on a new trial? If they flip Nicodemo I would guess at least a year?

So who can Nicodemo bury if he flips? Obviously Ligambi and the guys in the Gongs hit. Who else has he associated with that he would have info on?

Jury chaos, but no mistrial at Philly mob trial

PHILADELPHIA (AP) — A foreman has resigned. Another juror has been hospitalized. And a third juror in a Philadelphia mob case suddenly recalls knowing a defense witness, and not liking him.

The jury is seemingly in chaos two weeks into deliberations. But federal Judge Eduardo Robreno denied a mistrial Friday and instead ordered a newly-configured panel to start over.

The two-month trial involves 73-year-old reputed mob boss Joseph "Uncle Joe" Ligambi and six others.

They're charged with racketeering, gambling and loansharking.

Defense lawyers have called the prosecution's case "mob light" because of the lack of bloodshed.

The original foreman remains on the panel despite asking to be replaced. He says his fellow juror's criticism of the defense witness influenced him.

A prosecutor said Thursday he feared the jury was "wandering in the desert."


http://news.yahoo.com/jury-chaos-no-mistrial-philly-mob-trial-163124628.html

So.... I know it's 2013 and all, but is there a chance somebody in OC got to some or even one of these jurors?

In this day and age where everyone is looking to make a buck, wouldn't surprise me if a juror got to them.

Gotta love South Philly

Highly unlikely. The jury was sequestered.

First, I don't think they were but I could be wrong.

Secondly, that doesn't stop someone from getting to a brother, sister, son or daughter and making a visit with a large envelope....

Bail will need to be revisited of there's a miss-trial.

I don't think this is a big enough trial to be bribing anyone,plus you could be paying someone thats already on your side.They are sequestered at an undisclosed location.

It wouldnt be that hard to find, they take marked vans to and from the undisclosed location.

weird that u guys are saying a mistrial would be good for prosecution but from what i can tell it was the defense that asked for a mistrial...I could be wrong...i think they all walk tuesday

).
I think what everyone is saying is that a mistrial greatly benefits the prosection IF the speculation about Nicodemo turns out to be correct. It would give the Feds time to add the Gongs and Long John murders to the indictment. But that's all a big if (that's why I put in in bold type ).

But, man-oh-man, I keep going back to the legal fees if there's a mistrial. Because after a ten year investigation (bullshit investigation or not), the Feds are certain to re-try them. How the fuck can the lower guys on the totem pole pay out hundreds of thousands in legal fees?

And don't get caught up in that "Family Slush Fund for Attorneys" crap. A lot of these guys end up on their own when paying their legal fees. It's part of the game. The lawyers are the only ones getting rich in Philly right now. It's crazy.

If Borgesi is found guilty, I think he has great grounds for an appeal due to a juror admitting she knew and didn't like a defense witness.

What in the world would the grounds be for them all walking on Tuesday.Apparantley there is going to be no mistrial and with all the questions the jurors are asking somebody is doing time here.You mean to tell me the jury is going to walk in Tuesday and say we can't figure this out,you [defendants] can all go home now,sorry for the incovience.

grounds would be that the jury would come back not guilty

but its just my opinion...neither verdict will have anything to do with my life...if they are guilty then i was wrong...i respect your opinion 22...have a nice weekend...monday morning sure does seem to come fast

If and when they bring those two hits in , gongs and mortarano, I would bet there are more guys in south Philly shaking right now other than Ligambi ... he's fucked either way ... at some point they will make something stick...that said I think they walk on Tuesday as well.

Cheech, same here,I understand where your coming from.When you first came on here you really seemed to be pro-defendants.Not saying your still not rooting for them but you seem to look at it more from both sides.You always make good pts. and I make it a point to read your posts.I respect you as well,we will see what happens win or lose life goes on.