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вторник, 4 сентября 2012 г.

You all know how they act

know they

from Hollywoodmafia by Jack Whalen


I will leave you with this for the weekend. This was some funny stuff. The best part? This is true. Go to the few places these guys have left in Bayridge or Staten Island or Queens.


This is what they look like. You all know how they act.


The wiseguys in California were at least more with it.


Anyone who ever saw Jokey DeRoss on the streets know he looked like a sack of shit.. What was the flowershop he was around.


Kenji live from the OC LMFAO


Jan 5, 2009 4:43 PM


Dino Saracino

United States

from Hollywoodmafia by Jack Whalen


I felt that I need to add a few things. All these guys that I talk about are nothing but cowards. I posted up a picture of my buddy stuck on the Afgani Border getting shot at everyday. These Army guys are the real tough guys.


To the rest of you wannabee Mafia Toughs, you live in dreamland. I see now that some of you bash Bill Cutolo Sr and Bill Jr. What the fuck do you know about that life?


All you people know is what you hear or read.


I love how people say that Bill Jr is not a man because he did not do anything. What the fuck! He did plenty, he took down that greedy beat up Jokey Deross and his Boi Allie.


They are in trouble because of their own greed. What was Bill Jr to do? Fight them? Bill Sr tried that and even with huge numbers he was not successful. I love it how everyone talks about what they would have done.


You are the same guys who yell at the TV during football games, yet you never played pro ball. This is real life and people die. People go away and people have famlies.


These LCN leaders ALL have caused their own downfall because of their greed and petty ways. They box guys in and leave them no choice. These guys face life with nothing.


They know that their famlies will suffer.


It is a joke. These guys are all punks, The Persico's are the worst, they are stupid and weak.


I am still here posting the blog. That means despite what people write about me, that what I write is true. They cannot shut me up.


Even with what I have done to the powers in the Colombo Famliys precious sons. Picture the clusterfuck that would be guys from Brooklyn looking for me in California. Who could not see one of those Bayridge guido's coming a mile away!


The only thing I wish I could do over.. would be to put away more of these losers. I salute those guys still on the street wearing wires. KEEP UP THE GREAT WORK. Those locked up, flip!


Why waste your life so a Family like the Persico's can benifit. I also hope that Jokey Deross, his family and those stupid relatives on Myspace feel the heat soon.


I had to post up this new Ori Spado letter to the Judge in his case. That old diabetes's fat prick. Ori is housed seprate from all the others that he was charged with in the RICO Case. Maybe because he was a Rat and his tape is online?


This guy loved to yell on the Telephone and make threats, now he is crying. Poor Ori. The fact that this guy and another wonderful Rat John Franzese helped bring down these other Colombo's is a great thing.


How could the Colombo's not know? Ori is a long time Rat and anytime spent in his company you can tell he is full of shit. A big talker. Then we have John this guy was never to be trusted.


I bet Frank Camps feels like a real ass now. this is twice now that a member of the Franzese family has put him away.


How about the Colombo's! They made a 90 year old man the Underboss, blind in one eye, cant drive with a bad ticker and hip. Look at what he does, read these petty crimes. Then you have that bitch titty Tommy Shots who looks like a real shitbag. What petty crimes.


Read this shit and soon he will face more time.


They went from Bill Cutolo to this... What pathetic people.


Kenji is LMFAO in the OC. http://af11.wordpress.com/ Read this BLOG.


The government respectfully submits this letter in


support of its motion for a permanent order of detention as to


defendant Dino Saracino. As set forth below, Saracino poses a


danger to the community and a risk of flight. In addition, there


is a serious risk that Saracino will attempt to obstruct justice.


Therefore, he should be detained pending trial.


I. Proffered Facts


On June 19, 2008, a grand jury in this District


returned a sealed second superseding indictment (“Indictment”)


charging Saracino with murder in aid of racketeering,


racketeering conspiracy, obstruction of justice and extortionate


extension of credit. In support of this motion, the government


hereby incorporates by reference its detention memo filed on June


4, 2008 (see Docket No. 17), a copy of which is enclosed, in


which the government sought the detention of numerous of


Saracino’s criminal associates who were charged in the underlying


superseding indictment.


The Indictment identifies Saracino, as well as, inter


alia, Thomas Gioeli, Dino Calabro, and Joseph Competiello, as


members of the Colombo organized crime family of La Cosa Nostra


(the “Colombo family”), a violent criminal enterprise that


engages in a litany of crimes, including, among others, murder,


robbery, extortion, and obstruction of justice.


Case 1:08-cr-00240-BMC Document 74 Filed 06/23/2008 Page 1 of 6


Hon. Cheryl L. Pollak


June 23, 2008


Page 2


The following are brief summaries of some of the facts


underlying some of the charges against Saracino.


A. Murder of Frank Marasa


Saracino, along with Gioeli, Calabro and Competiello,


is responsible for the 1991 murder of Frank Marasa, also known as


“Chestnut.” Marasa was murdered in front of 8675 19th Avenue,


Brooklyn, New York on June 12, 1991. On that date, Marasa was


found by New York City Police Department officers laying shot in


the street. Marasa later died from the gun shot wounds.


Marasa was murdered in retaliation for his perceived


involvement in the murder of Colombo family associate Ennab


Awjab, also known as “OJ,” on May 30, 1991. Calabro, then a


Colombo family associate, sought and obtained permission to kill


Marasa from Gioeli, then a Colombo family soldier. After


obtaining Gioeli’s permission, Calabro, Saracino, Competiello and


others carried out the murder, ambushing Marasa on the street.


B. Murder of Richard Greaves


Saracino, Calabro and Competiello participated in the


1995 murder of Richard Greaves. Greaves was last seen on August


3, 1995, and his body was never recovered.


Greaves, a Colombo family associate, was murdered


because he had knowledge of criminal activities in which


Saracino, Gioeli, Calabro, Competiello and others participated,


including the murder of Frank Marasa, and they believed that


Greaves had the potential to cooperate with law enforcement


against them. To accomplish the murder, they lured Greaves to


meet them, and then shot and killed him.


C. Robbery of Furs by Mina


Saracino, along with Gioeli, Calabro and Competiello,


also participated in a violent robbery of a fur store, Furs by


Mina, located at 408 Jericho Turnpike, in Syosset, New York, on


February 11, 1991.


Gioeli, Calabro and another individual entered Furs by


Mina, posing as a father and two sons interested in purchasing a


fur for Valentine’s Day. Once inside the store, they drew guns


and then handcuffed and forced the owner and the owner’s son to


the floor. Saracino, Competiello and others then filled garbage


Case 1:08-cr-00240-BMC Document 74 Filed 06/23/2008 Page 2 of 6


Hon. Cheryl L. Pollak


June 23, 2008


Page 3


bags with fur coats from the store and loaded the coats into


vehicles that were waiting outside.


D. Obstruction of Justice


This year, Saracino has attempted to obstruct the


government’s investigation of the Colombo family. Commencing in


or about January 2008, numerous subpoenas were served on


Saracino’s associates. Aware that the individuals who were


served with subpoenas had information that might assist the


government in its investigation against Saracino, Saracino


corruptly attempted to persuade these individuals not to provide


the government with inculpating information.


II. Discussion


A. Bail Reform Act


Under the Bail Reform Act, 18 U.S.C. § 3141 et seq.,


federal courts are empowered to order a defendant’s detention


pending trial upon a determination that the defendant is either a


danger to the community or poses a risk of flight or obstruction


of justice. See 18 U.S.C. § 3142(e) (“no condition or


combination of conditions would reasonably assure the appearance


of the person as required and the safety of any other person and


the community”). A finding of dangerousness must be supported by


clear and convincing evidence. See United States v. Ferranti, 66


F.3d 540, 542 (2d Cir. 1995); United States v. Chimurenga, 760


2008 Page

F.2d 400, 405 (2d Cir. 1985). A finding of risk of flight must


be supported by a preponderance of the evidence. See United


States v. Jackson, 823 F.2d 4, 5 (2d Cir. 1987); Chimurenga, 760


F.2d at 405.


The Bail Reform Act lists four factors to be considered


in the detention analysis: (1) the nature and circumstances of


the crimes charged, (2) the history and characteristics of the


defendant, (3) the seriousness of the danger posed by the


defendant’s release, and (4) the evidence of the defendant’s


guilt. See 18 U.S.C. § 3142(g).


B. The Defendant Is a Danger to the Community


Saracino poses a substantial danger to the community.


He is affiliated with a violent criminal enterprise, and has


engaged in violence, planned violence, possessed firearms for the


purpose of engaging in violence, and threatened violence. As


Case 1:08-cr-00240-BMC Document 74 Filed 06/23/2008 Page 3 of 6


Hon. Cheryl L. Pollak


June 23, 2008


Page 4


discussed more specifically below, each of the relevant


considerations under the Bail Reform Act strongly favors


detention here.


First, Saracino is charged with multiple crimes of


violence under the relevant provisions of the Bail Reform Act,


specifically two murders and a violent robbery. See United


States v. Ciccone, 312 F.3d 535, 542 (2d Cir. 2002) (Bail Reform


Act defines a “crime of violence” as an offense that has as one


of its elements the “attempted use, or threatened use of physical


force against the person or property of another,” or “any other


offense that is a felony and that, by its nature, involves a


substantial risk that physical force against the person or


property of another may be used in the course of committing the


offense” (citing 18 U.S.C. §§ 3156(a)(4)(A), (B))).


Saracino’s history and “characteristics” also clearly


favor detention. He is a Colombo family soldier who is charged


with committing two murders and a violent robbery. In addition,


Saracino has access to firearms. In March 2005, nine firearms


were recovered from a property owned by a member of Saracino’s


family. Upon learning of this incident, Saracino informed a


cooperating witness that the firearms belonged to him and


corruptly attempted to persuade the witness to claim


responsibility for the firearms. More recently, Saracino has


obstructed the federal grand jury investigation of the Colombo


crime family.


Moreover, the seriousness of the danger posed by the


defendant’s release cannot be underestimated in light of his


affiliation with the Colombo family, a violent criminal


enterprise, and his involvement in crimes of violence and/or


possession of weapons. Courts in this circuit have recognized


that when organized crime defendants, such as the defendant in


this case, is charged with employing violent conduct, the risk of


continued violent conduct is substantial and justifies detention.


See United States v. Salerno, 631 F. Supp. 1364, 1364 (S.D.N.Y.


1986).


Lastly, the evidence of the defendant’s guilt is


exceedingly strong. The government intends to prove the


defendant’s guilt at trial through the testimony of numerous


witnesses, included cooperating witnesses, many of whom were once


the defendant’s co-conspirators. In addition, the defendant was


intercepted on numerous consensual recordings discussing charged


Case 1:08-cr-00240-BMC Document 74 Filed 06/23/2008 Page 4 of 6


Hon. Cheryl L. Pollak


June 23, 2008


Page 5


crimes. Physical and documentary evidence, such as phone


records, further underscores his guilt.


* * *


In sum, in considering each of four relevant


“detention” factors, the defendant Saracino is a danger to the


community and should be detained.


C. The Defendant Poses a Risk of Flight


The defendant also poses a risk of flight. If


convicted of the pending death-eligible charges, the defendant


must be sentenced, if not to death, then to a statutory mandatory


life term of imprisonment. The significant sentence faced by the


defendant gives him a substantial incentive to flee. See United


States v. Dodge, 846 F. Supp. 181, 184-85 (D. Conn. 1994)


(possibility of a “severe sentence” heightens the risk of


flight).


D. There is a Serious Risk that Defendant


Would Obstruct Justice


A court may also order detention if there is “a serious


risk that the [defendant] will ... attempt to obstruct justice,


or ... to threaten, injure, or intimidate, a prospective witness


or juror.” 18 U.S.C. § 3142(f)(2)(B); see United States v.


Friedman, 837 F.2d 48 (2d Cir. 1988). As set forth above,


Saracino has recently engaged in obstruction of justice in an


effort to avoid prosecution. Moreover, Saracino participated in


the murder of Richard Greaves, in part, because he believed that


Greaves could cooperate with law enforcement against Saracino and


his criminal associates. Accordingly, there is a serious risk


that Saracino will attempt to obstruct justice by corruptly


interfering in the government’s prosecution of Saracino and his


criminal associates. Saracino’s obstruction also shows that


Saracino does not respect the federal justice system and thus


further evidences that he would not abide by release conditions.


Case 1:08-cr-00240-BMC Document 74 Filed 06/23/2008 Page 5 of 6


Hon. Cheryl L. Pollak


June 23, 2008


Page 6


III. Conclusion


For the reasons cited above, the government


respectfully requests that the Court enter a permanent order of


detention with respect to defendant Dino Saracino.


Respectfully submitted,


BENTON J. CAMPBELL


United States Attorney


By:


Elizabeth A. Geddes


James D. Gatta


Assistant U.S. Attorneys


Dec 5, 2008 4:55 PM


The Colombo's have a Capo on the street in LA Donnie "pissbag" Montemarano

 Chris Paciello

from Hollywoodmafia by Jack Whalen


Another week. There are so many stories coming out about Chris Paciello in Los Angeles. he is high profile, yet the LCN can do nothing to him. Chris testified against Allie "boi" Persico, the boss of the Colombo family. The Colombo's have a Capo on the street in LA, Donnie "pissbag" Montemarano. The famed woman beater.


I guess if Chris was a woman Donnie would do something. Donnie surrounds himself with idiots and wannabee's. How about faux tough guy Paulo Tattoo's. The guy covers himself in Tats to make himself seem tough.


The tough act? beating a collage kid with brass knuckles while his friends stood by just in case the kid beat his ass. The kid did beat his ass the night before.


Now Paulo can act tough at his restaurant's with his biker buddies. He can intimidate bettors with his sportsbook. Shakes Milano stays in the shadows while those others take the risk. That is why Shakes has been boss for so long.


He is shifty like that.


The family ages. Jimmy Caci is like the crypt keeper, John Vaccaro is in Las Vegas and has no need for the family. Fat Stevie Cino is in Las Vegas a black book man, he can no longer enter a casino.


The moral of this blog? Get out and get on with your life. Chris Paciello and Michael Franzese made good in LA.


Donnie Pissbag, Ronnie lorenzo and Joe Isgro blew it in LA.


Chumps..... kenji LMFAO in SO Cal


Oct 27, 2008 3:43 PM


This evidence has been completely refuted by subsequent events after trial proving that DeMartino was not the shooter

 crime family

from Hollywoodmafia by Jack Whalen


Goodbye Allie Boi and Jokey (Pokey) Deross!


Out of the closet!


You two dimwits have been found guilty! All that crap for nothing. Now Allie Boi can join his father. I know both these guys like the "can". Now they have all the time in the world to hang out, brag and be with their boi's.


Will this spell the end of the Persico rule of the Colombo family? Sadly I think not. There are to many more Persico relatives willing to take the top spot.


Maybe after 20 years away, (4 years courtesy of me) Teddy "the Tool' will get his shot at infamy.


Whoever assumes the top spot will only have it a short time. I guess these morons can look back now and see what their greed got them.


In the report below, Jokey's lawyer seems to be placing the blame for the Cutolo murder on Allie Boi, the boss. He also talks about his kids and grandkids, who cares! old Smash faced Jokey will be home now!


I see Brooklyn is having some nice weather. I wonder how the guys in MDC like it? I will enjoy my week in sunny California.


It is really a great day.


Kenji OC LMFAO @ the WHOLE Persico clan.


Please accept this letter on behalf of my client John J. DeRoss ("Mr. DeRoss") respectfully objecting to portions of the Pre-Sentence Report ("PSR"). In regard to the upcoming sentence, Mr.


DeRoss maintains that he is innocent, not only for the crimes of murdering William Cutolo, Sr. ("Cutolo") (Count 1) and witness tampering (Counts 5-6), for which he was convicted, but likewise for the Joseph Campanella’s ("Campanella") shooting for which the jury acquitted him (Counts 2-4). As such, we respectfully object to the entire "Offense Conduct" section of the PSR, particularly noting our objections to the following portions:


¶¶11; 34 The PSR incorrectly reports that Mr. DeRoss was both the "underboss" and "acting underboss" of the Colombo organized crime family. The evidence presented at Mr. DeRoss’ trial refuted these assertions.


As noted in our recent submission to the Court, "Mr. DeRoss was never elevated to the position of underboss, and the government conceded as much in its recent detention memorandum in the Gioeli prosecution before Judge Brian Cogan alleging Mr. DeRoss to be a family administration member, not the underboss. (See, government December 18, 2008 letter at page 3, footnote 2) During our trial, Salvatore Vitale testified that Joel Cacace, also known as, "Joe Waverly" ("Cacace") was the Colombo family member who assumed the position of underboss after Cutolo’s murder (See, T. 3086-87) And most significantly, Campanella, a soldier in Mr.


DeRoss’ crew, testified that Mr. DeRoss was never the underboss. (T. 1637) Furthermore, in a surreptious recording made in May 2000 (9 months after Cutol


cooperating with the government, Mr. DeRoss is intercepted identifying himself as Campanella’s captain and not the underboss in the Colombo family. (See, government Exhibit 67B at page 16)." (See, Mr. DeRoss submission, electronically filed as Document 728 on February 3, 2009)


Additionally, we respectfully request that the Court remove from the U.S. Probation Department Recommendation Report the comment that Mr. DeRoss "was the acting underboss in the Colombo organized crime family."


¶18 We object to the inclusion of the sentence that, "[s]pecifically, they were told to tell the investigator that they were unaware that Cutolo had a scheduled meeting with Persico on the day of his disappearance and not to provide an opinion on what happened to Cutolo on the date of hid disappearance." There was absolutely no evidence supporting this statement.


¶¶20-30; 38; 42 These sections, which relate to the Campanella shooting, should be removed from the PSR because Mr. DeRoss, and co-defendant Alphonse Persico, were acquitted of all the charges relating to the offense. (Counts 2-3-4) Moreover, there was no credible evidence that Mr. DeRoss or Mr. Persico participated in the crime.


Cooperating witness Giovanni "John" Floridia ("Floridia") was the only government witness that implicated Mr. DeRoss in Campanella’s shooting. The jury rejected Floridia’s testimony.


 crime family

The Court itself found Floridia to have committed perjury during the trial, and noted that criminal charges could be brought against Floridia for his false testimony. (T. 5489) The statement in the PSR that "the government reports that there is a preponderance of the evidence that he committed [the Campanella] crimes" is pure speculation, and based upon the government’s misconceived belief that Floridia’s fabricated story was truthful, a position rejected by the jury.


¶22 We respectfully request that a Fatico hearing be held


and reliability of the government’s statement that "[i]n the spring of 2001, a confidential informant advised the FBI that Alphonse Persico and John DeRoss placed a hit on Campanella, and that John DeRoss ordered the murder." As the Court is well aware from the trial testimony, Mr. DeRoss was not in a position to order the murder of an organized crime member given his rank as well as his then-bail status on house arrest. Moreover, the trial evidence clearly refuted any assertion that Mr.


DeRoss participated in or ordered an attack on Campanella. We submit this information is unreliable and should be removed from the PSR.


¶34 The statement that "John J. DeRoss … ordered and orchestrated the murder of William Cutolo" is incorrect. (Emphasis Added) There is again absolutely no evidence that Mr. DeRoss ordered or orchestrated Cutolo’s murder. As noted in our February 3, 2009 letter for reconsideration of the Court’s ruling on the post-verdict motions, the government in its opening statement made abundantly clear that Mr.


DeRoss did not order Cutolo’s murder, but instead was charged with carrying it out: "[t]he evidence in this case will show that . . . Alphonse Persico, a boss of the crime family, ordered the hit.


And Jackie DeRoss dutifully made sure that his boss’ orders were carried out . . . Alphonse Persico as boss of the Colombo organized crime family gave the order that only he had the power to give. Billy Cutolo, the underboss of the Colombo crime family, must die . . . And who made sure that the boss’ order was carried out? The defendant, Jackie DeRoss." (T.


19-21)(Emphasis added) In a post trial submission, the government itself acknowledged that their theory regarding Mr. DeRoss’ role in carrying out the order to kill Cutolo never changed from the opening statement to the conclusion of the trial. (See, government’s October 23, 2008 letter at pages 17-18, submitted as Document #704).


¶35 The Court should also strike the statement that "DeRoss, with the assistance of Alphonse Persico, orchestrated the murder of William Cutolo, Sr. and directed others." (Emphasis Added) There was "no" evidence that Mr. Persico "assist[ed]" Mr. DeRoss or that Mr. DeRoss orchestrated anything in connection with the murder.


More importantly, there is "no" evidence that he directed anyone. At trial, the government’s evidence and theory was that Mr. DeRoss recruited Vincent DeMartino ("DeMartino") to kill Cutolo.


This evidence has been completely refuted by subsequent events after trial proving that DeMartino was not the shooter. As the court noted in its latest decision, "DeMartino was not the shooter, nor was he physically present at the scene of the shooting at the time of the murder." (See, page 5 of the Court’s February 17, 2009 order, filed as Document #733) The trial evidence does not support for the statement that Mr. DeRoss "orchestrated the murder of Cutolo" or "directed others."


¶99 Please include at the end of the paragraph that Mr. DeRoss’ daughters’ Cheryl and Tammy have three children between them Mr. DeRoss considers the children his grandkids.


¶100 Please correct the sentence which states, "Jack J. DeRoss (Age 42) is married with two children," to reflect another grandchild, that is, his son has "three children."


In regard to the failure of my client to provide a Personal Financial Statement


and execute the necessary waiver forms, please be advised that it was my decision to withhold providing the requested information and documents. Mr. DeRoss, who has been in custody since February 6, 2002, previously filed a PFS in 2005 in connection with Mr. DeRoss’ sentence in a prior case. There has been no change in his financial condition since the 2005 filings.


If the Court or the Probation Department request that a new PFS or re-issued waivers are necessary, I will ensure that the forms are completed and submitted before sentence.


Lastly, we respectfully request that the Court not follow the "suggestion" of the Probation Department that you impose "a prohibition on association with organized crime figures for [Mr. DeRoss] while he is incarcerated." As noted, Mr. DeRoss has been in prison since February 2002, and has been effectively removed from any on-going criminal activities of the Colombo crime family.


Additionally, after Mr. DeRoss was placed on home-detention in February 2001 before his conviction on February 6, 2002, when he was incarcerated, the members of his crew, including Campanella, Spataro and


DeMartino, were reassigned to other Colombo captains, again removing Mr. DeRoss from Colombo family activities.


Feb 23, 2009 4:57 PM