Opinion
Cr. No. 05-0192 (S-3) (JBW).
March 9, 2006
ORDER
Upon consideration of the government's Motion In Limine To Admit Certain Evidence, the defendants' opposition to that motion, and the hearing held on February 10, 2006, IT IS HEREBY ORDERED that the government's motion is GRANTED in part and DENIED in part, as follows:
1. The government may introduce evidence at trial that the defendants attended the New York City Police Department ("NYPD") Academy together.
2. The government may introduce evidence at trial regarding charged racketeering acts 3 through 18, 23 and 24 in Count One. The government may not introduce evidence at trial regarding charged racketeering acts 19 and 20 in Count One. The government may introduce evidence at trial regarding charged racketeering acts 21 and 22 only as proof of Counts Two and Three, but not as evidence of any element of Count One.
3. The government may not introduce in its direct case at trial evidence that the defendants robbed delicatessens in the 1970s.
4. The government may introduce evidence at trial that Frank Santora, Jr., was the defendant LOUIS EPPOLITO's cousin and that Santora was associated with the Gambino crime family of La Cosa Nostra ("LCN").
5. The government may not introduce evidence at trial that Santora told Burton Kaplan that he had "done work" or committed murders with the defendants in the past or that the defendants were "capable guys." The government may introduce evidence at trial that, when Kaplan asked Santora if the defendants were interested in the contract to murder Israel Greenwald, Santora told Kaplan that he could give Kaplan the assurance that the defendants were trustworthy based on his past experience with the defendants.
6. The government may not introduce evidence at trial that defendant LOUIS EPPOLITO provided law enforcement documents to Rosario Gambino in approximately 1984.
7. The government may introduce evidence at trial that in 1984 defendant STEPHEN CARACAPPA became a member of the NYPD's Major Case Squad and that in 1987 he became a member of the NYPD's Organized Crime Homicide Unit.
8. The government may introduce evidence at trial that the defendants received money from Lorenzo Mannino, a member of the Sicilian faction of the Gambino crime family, in exchange for sensitive law enforcement information.
9. The government may introduce evidence at trial that beginning in 1987, the defendants received a stipend each month from members and associates of the Luchese crime family.
10. The government may introduce evidence at trial that the defendants provided information to LCN about the impending arrest of Salvatore "Sammy the Bull" Gravano.
11. The government may introduce evidence at trial that the defendants provided information to LCN about an accountant of Vic Orena who was a government informant.
12. The government may introduce evidence at trial that the defendants disclosed to LCN the fact that the government had bugged a telephone belonging to Luchese family member Louie Daidone.
13. The government may introduce evidence at trial that in October 1990 CARACAPPA disclosed to LCN the existence of a pen register operated by the Safe Loft and Truck Squad of the NYPD major case squad.
14. The government may introduce at trial the statements John "Otto" Heidel made to Federal Bureau of Investigation ("FBI") Special Agent Patrick F. Colgan on approximately February 14, 1987.
15. The government may introduce evidence at trial regarding the defendants' involvement in the murders of John Petrocelli, James Bishop, Larry Taylor, and Al Visconti.
16. The government may introduce evidence at trial that EPPOLITO retired from the NYPD in 1990 and that CARACAPPA retired in 1992.
17. The government may not introduce evidence at trial that EPPOLITO asked Kaplan for money to bribe a doctor to enable him to retire from the NYPD with a tax-free medical pension.
18. The government may introduce evidence at trial that EPPOLITO and Kaplan had a falling out because EPPOLITO demanded more money for his and CARACAPPA's services.
19. The government may introduce evidence at trial that the defendants accepted a contract to murder Gravano.
20. The government may introduce evidence at trial that the defendants had accepted a contract to kill Bartholomew "Bobby" Borriello, but they were spotted by others law enforcement officere while they were conducting surveillance of him, and the contract was taken away.
21. The government may introduce evidence at trial that EPPOLITO moved to Las Vegas, Nevada in 1994 and that CARACAPPA moved to Las Vegas in 1996.
22. The government may introduce evidence at trial that the defendants and Kaplan discussed that Anthony "Gaspipe" Casso became a cooperating witness. The government may also introduce evidence that, after they learned that Casso was cooperating, CARACAPPA assured Kaplan that he would keep an eye on EPPOLITO because Kaplan feared EPPOLITO would cooperate against him and CARACAPPA.
23. The government may introduce evidence at trial that the defendants worked together in CARACAPPA's protective services business in Las Vegas, Nevada. The government may not introduce evidence at trial that, during the course of their work in CARACAPPA's protective services business, the defendants assaulted anyone.
24. The government may introduce evidence at trial that Stephen Corso was a cooperating witness with the FBI. The government may also introduce evidence that Corso and EPPOLITO developed a business relationship after EPPOLITO was introduced to Corso by John Prate.
25. The government may introduce evidence at trial that EPPOLITO told Corso that he was looking for investors and did not care whether the money was from drugs or from the Gambino family.
26. The government may introduce evidence at trial that CARACAPPA was protecting EPPOLITO in the course of EPPOLITO's business dealings with Corso.
27. The government may not introduce at trial CARACAPPA's statements that (a) he used cocaine as an undercover officer with the NYPD and (b) he refused to investigate Italians or members of LCN when he was an undercover narcotics officer with the NYPD.
28. The government may not introduce at trial EPPOLITO's statements regarding turning a blind eye to the activities of LCN when he was an NYPD detective.
29. The government may introduce coconspirator's statements made in furtherance of a conspiracy, regardless of whether the statements were made in furtherance of the RICO conspiracy, as long as the statements were made in furtherance of a criminal conspiracy in which the defendants participated.
Each of the rulings herein is subject to modification and reconsideration based on the opening statements, evidence, cross-examination and arguments made at trial.
It is SO ORDERED.