Opinion
Criminal Action No. 01-10373-RWZ.
December 14, 2004
ORDER
The Government has moved to set trial dates on the basis of its division of defendants into three groups.
Group 1 — Paul A. DeCologero, John P. De Cologero, Jr., Paul J. DeCologero, and Joseph F. Pavone
These defendants have been charged with substantive Racketeer Influenced and Corrupt Organizations Act ("RICO") violations and RICO conspiracy as well as a number of other conspiracy and substantive counts, some of which duplicate the RICO predicate acts. These defendants and co-defendant Derek Capozzi were scheduled to go to trial on September 26, 2004, on all counts. That trial was aborted because a late Brady disclosure by the government created irreconcilable conflicts for four trial counsel who then had to withdraw. Given the quantity of material produced in this case, new counsel insist that they need a substantial amount of time to digest it and prepare for trial. The government estimates the trial time to be two months.
The Court does not doubt the need for preparation time. Accordingly, the trial of this group of defendants on all counts in which they are charged will begin on January 9, 2006.
Group 2 — Daniel G. Tsoukalas
Mr. Tsoukalas is the only defendant not charged in the RICO counts. The counts against him allege a Hobbs Act conspiracy (Count 8), and three counts related to the robbery of Gerard Godreau (Counts 14, 15, and 16). This trial is estimated to require five days of evidence.
Since there is no reason to continue to postpone the trial of this case, it will commence on April 18, 2005.
Group 3 — Derek Capozzi
After the postponement of the September 26, 2004 trial, the government moved for a separate trial for defendant Capozzi on most, but not all, non-RICO counts. The Court acceded to the government's request for a separate trial, but further realigned the counts for trial. Thus, Mr. Capozzi was tried and convicted on Count 8 (the Hobbs Act conspiracy), acquitted on Count 19 (Felon in Possession), and the jury was hung on Counts 9, 10, and 11, concerning the robbery from Michael Stevens. The government now proposes to combine in one trial the so-called murder counts and those pertaining to the Stevens robbery on which the jury could not agree. I continue to adhere to the view that the robbery and murder counts should not be combined and will therefore now schedule two trials.
Trial of the murder counts (Counts 3, 4, and 7) will commence on April 25, 2005 and the retrial of the Counts pertaining to the Stevens robbery (Counts 9, 10, and 11) will commence immediately upon the conclusion of the trial on the murder counts which, on the basis of the government's trial estimate, the Court assumes will be May 16, 2005. If, after these trials, the government decides to proceed against Mr. Capozzi on the RICO counts, he shall be tried on those counts with the Group 1 defendants on January 9, 2006.