Last Rites (14 page)

An unrelated investigation revealed further information on federal wiretaps from Town Line Ten Pin Bowling Alley. The wiretaps revealed the information about Lubell and Racca, Lubell's shooting and their drug ring.

A day after Gigi was shot at outside the Caravan Club, Jackie Salemme was in federal court answering an eight-count indictment that dated back to 1993, when he was operating a football-betting ring in Massachusetts and Rhode Island.

C
HAPTER 7

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In December 1996, Gigi, McConnell and Mele all took a trip out to Las Vegas first and then Arizona. During the trip, Gigi met with an undercover DEA agent who hammered out a deal to ship cocaine to him through the mail. The agent attempted to sell McConnell an automatic rifle for $10,000, but he declined. Gigi got to see his son and spend some time with him, and he needed to get away from all of the problems back home. On the day the men left for the trip, a federal grand jury had handed down an indictment of Gigi for a drug deal that took place in November that had been video and audio taped. Presumably, Smiley Mele had helped the government set up the surveillance.

It had been about two weeks since Gigi's attempted assassination, and things were looking up, or so it seemed. On December 14 at 7:30 a.m., as Gigi and McConnell were exiting the plane at Logan Airport on their return home from Arizona, they were greeted by U.S. Drug Enforcement agents, who arrested them as they stepped off the plane. Gigi asked the agents how they had known where he was. DEA special agent Anthony Roberto jokingly suggested that a tracking device had been implanted in his buttocks when he underwent surgery to remove the bullet from the shooting in Revere. Gigi was charged with possession of cocaine with intent to distribute and conspiracy to violate the narcotic laws. McConnell was charged with conspiracy. Two days later, on December 16, 1996, Gigi's brother Eddie was arrested in a separate case and charged with possession of cocaine and intent to distribute. Shortly after Gigi was put into custody, a warrant was served on his Nahant home. DEA agents searched the home and seized guns and bulletproof vests. U.S. District Court Magistrate Judge Robert Collings ruled that Gigi was a danger to the public and a possible flight risk, so he was ordered held without bail pending trial.

As Gigi was being held in jail without bail, the government was amping up its case against the New England mob. The U.S. federal district attorney was going to bill the alleged actions of the accused as a bloody struggle by a rogue faction attempting to take over the remnants of the New England mob. Assistant U.S. attorney Jeffrey Auerhahn was assigned to the case. He was going to put ten men on trial and place the majority of the blame on Robert “Bobby Russo” Carrozza. In his opening statements, Auerhahn stated, “This case will be about organized crime, the mafia, and about La Cosa Nostra.” He went on to say, “The glue that holds it all together is that man—Bobby Russo.” They planned to put Sean Cote and Mark Spisak on the stand to testify against their former friends. They were originally on the indictment but agreed to cooperate with the government. Defense lawyer Martin Weinberg countered in his opening by stating that the government's case was built on “professional criminals” and an FBI informant who were hoping to have their sentences reduced. The defendants included John Patti III, Eugene “Gino” Rida, Vincent “Gigi” Marino/Portalla, Nazzaro “Ralph” Scarpa, Paul DeCologero, Christopher Puopolo, Anthony Diaz and Robert “Bobby Russo” Carrozza. Three other men reached plea agreements prior to trial: Leo Boffoli, John Arciero and Enrico Ponzo.

The week before the trial was set to begin, Leo Boffoli entered into an agreement with the government. Assistant U.S. attorney Auerhahn asked that Boffoli be able to serve his time in protective custody and, upon release, enter into the Witness Protection Program. Boffoli was charged with conspiracy to murder, attempted murder, illegal use of a firearm and four counts of perjury. However, he ended up pleading guilty only to conspiracy to murder and one count of perjury. The government then requested a dismissal of the other charges.

Boffoli was one of 208 potential witnesses whom the government could have possibly called to testify. The coup de grâce of the government's evidence was the wiretap of the mafia induction ceremony held in Medford, Massachusetts, in October 1989.

The strangest moment of the trial occurred after Boston Police officer Ralph Amoroso was done testifying about the grisly scene of murder victim John Souza. When he stepped down from the witness stand, he walked past the members of the jury and shook hands with the defendant, Michael Romano Sr. Amoroso had walked a beat in East Boston for twelve years and Romano had spent his entire life there.

Just weeks before the government's star witness was due to testify, he died in custody. Sean Cote was dead at the age of twenty-seven. It appears that Cote died in his cell in the federal prison in Allenwood, Pennsylvania. His death was ruled a heart attack. Cote was in the Federal Witness Security Program waiting his turn to testify. It is believed that his long history of drug use and chain smoking led to his demise. His death did not have any indications of foul play. His death had a psychological effect on the prosecution for the moment, but that would soon pass.

The defense lawyers centered their arguments on the shootings of Michael Prochilo and Cirame and the stabbing of O'Toole. They used the fact that these men all could not identify their assailants and the witnesses all gave conflicting descriptions. One of the most damaging pieces of evidence was a letter dated December 16, 1996, written by Michael Romano and addressed to his cousin Gino Rida, who was incarcerated at the time. The letter suggests that Rida was having a problem with LaCorte and Romano was schooling him on how to handle the situation. The letter even referenced a club in Maverick Square, East Boston, that was unofficially owned by Carrozza and his half brother, J.R. Russo. In a P.S., Romano stated, “Raymond Jr. asks about you all the time. He knows how much I care about you.” This loyalty to Patriarca on the part of Carrozza's followers might be surprising, since they helped engineer the end of his reign. The defense lawyers argued that the letter, while damaging, could not establish a causal relationship between these men and the crimes that they were on trial for. They went on to say that it was reasonable to believe that Romano might have possibly been bragging or blowing off steam, especially since the letter had overtones that Romano and Rida were possibly in danger and were name dropping out of fear, as a means of self-preservation.

During the three-month trial, the government paraded almost 120 witnesses and over three hundred evidence exhibits before the jury. The jury deliberated for almost two weeks. On January 12, 1999, the jury returned with a verdict. The jury found Anthony Ciampi guilty of illegal gambling. Paul DeCologero and Christopher Puopolo were acquitted of all charges, and the remaining defendants were acquitted on some of the charges. The jurors were unable to reach a verdict on fifty-three of those charges, the most serious ones, such as racketeering and murder. It appeared that the defense strategy of attacking the credibility of the government's five former mob witnesses, upon whom the prosecution relied heavily, had worked. Chief of the U.S. Attorney's Criminal Division James B. Farmer stated, “It's a case eminently worthy of retrial.” First Assistant U.S. Attorney Mark Pearlstein said, “Fully expect to retry the charges on which the jury could not reach a verdict.” Anthony Diaz chose to plead out early to the murder of Paul Strazzulla. According to the plea agreement, Diaz had to serve fifteen years.

Less than five months after the first trial, the government was already working on the preliminary hearings for the second trial. It was during one of these preliminary hearings that it was first brought to Judge Groton's attention that the DEA may have implanted a tracking device in the buttocks of Vincent Marino, aka Gigi Portalla. Apparently, the DEA agent had asked Gigi to sign a release form allowing them to remove the device. The agent admitted in court that the remarks were made but that he was only “joking.” Attorney Sheketoff asked the court to order that the government come clean on the rumor of the tracking device. Later that day, U.S. attorney Donald Staern issued a statement saying, “We can confirm the U.S. Drug Enforcement Administration did not implant a tracking device in defendant Vincent M. ‘Gigi Portalla' Marino's buttocks. We cannot speak, however, for any extraterrestrial beings. I hope this will finally put the matter behind us.” Gigi informed Judge Groton in a statement at his arraignment saying, “They put an illegal device in my body. They did it during my surgery. There are no civil rights anymore. There's nothing left.” Gigi's lawyer, Robert Sheketoff, addressed reporters later and stated, “The bottom line is if the government did this I'd be surprised if they admitted it. I'm not saying they did. The only way to really know is to open him up.” Gigi had an X-ray taken of his buttocks, but it didn't show any device. Sheketoff asked the court to have an MRI done. It was denied on the grounds of cost and security. Gigi's family offered to pay the cost of the procedure and the added security costs, but still the request was denied.

Attorney Sheketoff informed the court that the only way to get to the bottom of this was to have Gigi undergo surgery. He went on to say that it was extremely unprofessional of the agent to make a comment like this, even if it was meant to be a joke, due to the fact that the technology is available for such a device. We may never know whether the device was implanted in him, since the courts refuse to allow surgery or an MRI.

Just days before the second trial was about to get underway, three of the defendants changed their pleas. Anthony Ciampi admitted to several murder attempts and the murder of Richard Devlin. Eugene Rida pled out to conspiracy to commit murder. The government dropped six other charges that would have sent him to prison for life. Nazzarro “Ralph” Scarpa pled guilty to four attempted murders. Ciampi received eighteen years according to his deal, while Scarpa and Rida each received ten years. The government also agreed to the dismissal of certain other charges in exchange for the guilty pleas.

An hour before opening statements were due to begin, Michael Romano Sr. entered into a plea agreement. According to the agreement, Romano pled guilty to conspiracy to commit murder in the aid of racketeering, interstate travel for unlawful activity and attempted assault. The murder charge was dismissed along with thirteen other counts. A twenty-one-year sentence was recommended for Romano. One month into the new trial, Robert “Bobby Russo” Carrozza took a plea agreement while he had already been in prison for almost ten years. The agreement only added two years to the sentence he was already serving. According to the agreement, he was exempt from testifying or cooperating with the government. He pled guilty to a felony charge of gambling across state lines.

Mob associate Darin Bufalino pled guilty to robbery and gun charges. The plea agreement stems from a bank robbery he committed with Sean Cote. He went into the Boston Five Branch at Northgate Shopping Plaza, jumped over the counter, brandished a weapon and grabbed $3,000 in cash. In 1984, Bufalino was charged with killing reputed Revere drug dealer Vincent DeNino, whose bullet-riddled body was found in the trunk of a car.

During the second trial, Gigi's girlfriend and Corrine, his mother, attended, as well as John Patti's wife. When the reporters asked them for a comment, Mrs. Portalla said, “He has a good heart. He loves God very much.” While Gigi was in jail and going through the endless court proceedings of the first trial, his brother Louie passed away from a drug overdose. It seemed that Mrs. Portalla couldn't help but stand by her son, fearing that she might lose another son to a long prison sentence.

In the closing arguments, the defense attempted once again to discredit the government witnesses. The main whipping boy was John “Smiley” Mele, a convicted drug dealer turned witness to save himself from a long prison term. They also attempted to discredit Jerry Matricia. A week later, the jury was done deliberating and returned guilty verdicts against both men. Gigi and Patti were both convicted on two RICO counts and conspiracy to murder in aid of racketeering. Gigi was sentenced to thirty-five years in prison on April 14, 2000.

Enrico Ponzo is still at large and is being sought by the Boston FBI office. He was arrested in 1994 for possession with intent to distribute cocaine and conspiracy to violate the narcotics laws. He failed to appear in court, and an arrest warrant was issued. In December 1994, the United States District Court issued another warrant charging him with unlawful flight from prosecution. In 1996, he was charged with aggravated assault in Everett, Massachusetts. On April 4, 1997, a federal grand jury indicted him for conspiracy to commit murder, interference with commerce by threats or violence, violent crimes in aid of racketeering, RICO violations and firearms violations. It is believed that he may be in Florida or Italy under an assumed name. The FBI is currently offering a $15,000 reward for his capture.

As a side note, before Rico Ponzo fled the coming indictments, he called Gigi's brother Eddie for a ride one night. Eddie picked him up, and while en route to their destination, a Saugus Police officer pulled them over. While the officer was checking Eddie's license and registration, Rico turned to Eddie and told him that if the cop wanted to arrest him, he was going to kill the cop. Eddie, reassuring Rico that murder wouldn't be necessary, was able to stay collected during this harrowing experience. The officer returned, proceeded to give Eddie a warning and allowed him and his passenger to go on their way. Eddie dropped Rico off and never saw him again. A few days later, some FBI agents stopped by to see Eddie. They asked if he had seen Rico or at least knew where he might be. Eddie denied all knowledge of Rico's whereabouts. The agents proceeded to tell him that had the officer who stopped them the other night attempted to take Rico into custody, Rico would have killed the cop and Eddie as well. Eddie quickly realized just how close he had come to being killed. This is just how uncertain life in the mob can be—one day you're friends with somebody and the next day he's your possible executioner.