Weapons, Guns, Firearms La Cosa Nostra

[peace2lala]

I am trying to find a forum/advice/options for this case. I am not sure if it is even too late, but I am putting it out for as many people to see as possible.

Bare facts 56 year old man, who is a bookie, pays his taxes as a professional gambler. This is a one man operation. The man lives in a middle class neighborhood, his wife is a Registered Nurse and has two daughters. He has made his living this way for 25+ years.

The State Police INVADED his home in 2003, confiscating tapes/records from his makeshift office in the attic. They also confiscated some weapons, some were collectibles and some were firearms.

This is not to dispute if this man is guilty of posession of firearms or illegal gaming. The prosecution in cohorts with the State Police Officer has succeeded in representing this case as affiliated with the MAFIA? The Police Officer who initiated the warrant from a CONFIDENTIAL INFORMANT and a "CONTROLLED CALL" made to the defendants gaming line, neither which was either verified, demonstrated or produced, has made inflammatory and false statements inferring that the defendant is affiliated with the MAFIA, the actual words "La Cosa Nostra" are used by him and recorded in the court appeal document. This Officer also claims he is going to "run Organized Crime out of Boston" Well that would be great but Angiulo went away like 20 years ago. And my questions are how is it legal for this Officer to just use a stereotype/profile to associate Organized Crime with somone just because he is a Bookie and maybe 20 years ago and before that Italians and Bookies and Mafia hung out in the same circle or in some cases were definitely connected. Also this same Officer & the Prosecution declined to reveal the Informant because they feared the INFORMANT would be MURDERED Or Physically Harmed (they stated this in the document as well) What grounds do they have to make such a statement and how can it be recorded in the document when the defendant has no history, no record of violent crime, the informant Could be narrowed down to 1 out of 3 people, none of those people were threatened, hurt and all 3 signed Affadavits stating they were not an Informant. The judge suppressed the case, and the government overturned the JUDGES decision and time is running out.

The documents are available online please feel free to GOOGLE Gregory Tzannos and read the appeal document yourself. Please feel free to forward this to whomever or whatever agency, person, entity could help. Reading the documents are pretty frightening. Once you are a defendant in court, you are not a reputable human being anymore, being a Bookie that pays taxes, does not make you a murderer or a Mafioso. It is like they defined who he is by what he does which is PROFILING & STEREOTYPING and these Police Officers , this one in particular features himself on a website called MOB BUSTERS (check it out), This Police Officer is 6'5 and 300 lbs of muscle and screams all the time (can we say ROID RAGE) . But his word and inferences are accepted and respected and documented, why, what do we know about him apart from his profession. Please read the document and keep in mind that the defendant is just your average guy with a little dirt under the carpet.

Thank you for your help

If you Google the original story from the newspaper is there, also his listing a a member of the Wang Center for Arts, His Photo is in his WarBirds Bio, and the AmericanMafia.Com and check out he Salute to the MOB Busters and see the Officers name there in all his glory.

 

[CdwJava]

When it goes to trial, he can argue that he is not affiliated with the Mafia. However, unless this association is somehow an element to the offense, it may never be an issue at trial.

If the police have evidence to connect him to the Mafia in some way - and that connection is necessary to the prosecution - they will make the case at trial.

Oh, and the Mafia DID run numbers and bookmaking (or assist/tolerate ... for a fee) in Boston, Philly, and a few other locales out there at least in to recent years ... whether they are still doing so, I just don't know.

If there is a connection, then it will come out in court. If he thinks this is inflammatory, he can make a motion to a judge to put a gag order on the parties involved.

- Carl

 

[peace2lala]

Trial is over I think

Thank you, but as I stated the Judges decision to suppress was overturned by the government proscecution. So the main trial itself is over.

One of the reasons why the so called CONFIDENTIAL INFORMANT was not disclosed was because the Officer keeps referring to the Mafia, La Cosa Nostra and murder as the possible outcome of revealing the confidential informant. None of those inferences are applicable, and were all smoke and mirrors displayed by this officer to get somone to believe that this was a significant arrest and the Informant was in danger. All done so he did not have to produce the informant that he obviously fabricated if one reads the documents. All the evidence in this case is based on the fruits of the search warrant. There is no evidence at all if the search was illegal, the informant and the controlled call could have proved the search was legal, right. That is what the JUDGE seemed to think, but the call couldnt be produced nor would they reveal the informant The CONFIDENTIAL INFORMANT and the "Controlled CALL" was the way the Officer got the search warrant 3 days after the alleged "controlled call" (which was supposedly taped and then unable to be located). The order to suppress was recently overturned. But the document for the appeal reads like a Mario Puzo novel.

As far a the Mafia presence I am quite aware of their presence but fact is in Boston after Angiulo, Salemmi gone, the Italian Mafia or La Cosa Nostra has pretty much dwindled to a bare minimum in Boston. The presence of Whitey Bulger is quite prevalant Hmmm THE BIG DIG, and of course Domination of the Chinese Mafia. But the facts are that the defendant has nothing to do with it. The Officer wants it to look that way so he can have his claim to fame as MOB Buster.

I am not sure what the best course of action is for the defendant, or what his options are but I would appreciate some advice. Thank you

 

[CdwJava]

Okay ... I am confused.

A judge suppressed the evidence (I presume the evidence seized in the search warrant) and an appellate court overturned the suppression ... correct?

You say the "main trial" is over ... has he been found guilty by a jury? Was he found guilty in the trial with the suppressed evidence? If so, then he's pretty much sunk, I would think. However, you mention appellate court documents and that time is running out ... is he appealing the appelate decision?

Where is the case right now. Is it pending a jury trial? Or has he been tried and convicted?

In a nutshell, it's going to be tough to argue that the information was incorrect if the items sought in the affidavit were, indeed, found in the search. Either the officer would have to be clairvoyant or he had to somehow know the details of the operation.

As for his best course of action, I would think that should be up to his attorney and not to you, me, or anyone else on an internet board.


- Carl

 

[peace2lala]

Sorry, I am a little jumbled, Im a nurse no law experience , yes the Judge did the motion to suppress, The government appealed and overturned the judges decision/motion/suppression what have you. So that is where it is right now. I dont know what the next move is, Is it usually a jury trial that comes next, can the defendant appeal the overturning of the judge.

Judging by my questions I am not sure if this Attorney has been doing a very good job. The document says a whole lot of things that dont sound lawful. Nothing is clear, the course of action is not clear. The defendant definitely will be found guilty if the evidence obtained from the search warrant is able to be used. But if the search warrant was obtained by an Officer fabricating an Informant, then all bets are off (forgive the pun) right?

The defendant does not believe there is an Informant, the defendant believes this Officer has ulterior motives and fabricated the informant and the "controlled call" to obtain the search warrant.

When the judge did the motion to suppress it was because the defendant provided affadavits from the 3 possible informants stating they were not informants and did not make the said "controlled call" on the date of the tape recording. (the defendant taped the incoming calls/bets) That was good enough for him to throw the warrant and the evidence/fruits out of the picture. But now it is overturned. And, in this appeal document by the government they now start to use words like the Mafia, La Cosa Nostra, suggesting the possiblility of the informant being murdered or hurt. Do those type of insinuations affect a decision to overturn a Judges decision or are they irrelevant??

Anyway thank you for your insight, I appreciate it ..Peace

 

[CdwJava]

If there was no informant than what did the officer do, make a lucky guess about the operation?

As for the affidavits ... if one of them HAD been the informant, and the informant was scared for his life, of course he would give the defendant an affidavit swearing it wasn't him!

The state apparently made a compelling argument to convince an appellate court the statements were good. And arguing Mafia connections would generally require giving a court SOMETHING to hang its hat on as to the proof or likelihood of the assertion ... i.e. the reasonableness of the state or the informant's belief that his life is in danger. The information might have been provided in camera (behind closed doors) to the court to prove the matter.

At this point, all he can do is listen to his attorney. If the warrant is in, it sounds like it is time to make a deal.

- Carl