USA v. Vallario, et al
Criminal Case New York Southern District Court, Case No. 1:02-cr-00743
District Judge Richard C. Casey, presiding

Tags No tags have been applied so far. Sign in to add some.
Last Updated November 5, 2021 at 3:12 PM EDT (2.8 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts
No Logo Peter Gotti, Defendant (7)

Represented by Law Offices Of Joseph A Bondy

Name Phone Fax E-Mail
LEAD ATTORNEY, Designation: Retained Joseph Aaron Bondy +1 212 219 3572 +1 212 219 8456 josephbondy@mac.com

Represented by Law Offices of Joseph R. Benfante

Name Phone Fax E-Mail
LEAD ATTORNEY, Designation: Retained Joseph A. DiBenedetto +1 212 227 4700 +1 212 406 6890

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

  Entries (154) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 479 Filed: 11/5/2021, Entered: None Internet Citation
    Request RequestSpace LREF
    Legal Document (Payment Possibly Required) 467 Filed: 1/12/2021, Entered: None Internet Citation
      Request RequestSpace LREF
      Legal Document (Payment Possibly Required) 466 Filed: 1/12/2021, Entered: None Internet Citation
        Request RequestSpace LREF
        Legal Document (Payment Possibly Required) 465 Filed: 1/12/2021, Entered: None Internet Citation
          Request RequestSpace LREF
          Legal Document (Payment Possibly Required) 464 Filed: 1/12/2021, Entered: None Internet Citation
            Request RequestSpace LREF
            Legal Document (Payment Possibly Required) 463 Filed: 1/12/2021, Entered: None Internet Citation
              Request RequestSpace LREF
              Legal Document (Payment Possibly Required) 462 Filed: 12/29/2020, Entered: None Order on Motion for Release from Custody
                Request RequestSpace LREF
                Legal Document (Payment Possibly Required) 461 Filed: 12/10/2020, Entered: None Notice (Other)
                  Request RequestSpace LREF
                  Legal Document (Payment Possibly Required) 457 Filed: 11/16/2020, Entered: None Release from Custody
                    Request RequestSpace LREF
                    Legal Document (Payment Possibly Required) 436 Filed: 1/16/2020, Entered: None Notice (Other)
                      Request RequestSpace LREF
                      Legal Document (Payment Possibly Required) 435 Filed: 1/15/2020, Entered: None Order on Motion for Hearing
                        Request RequestSpace LREF
                        Legal Document (Payment Possibly Required) 431 Filed: 12/17/2019, Entered: None Letter
                          Request RequestSpace LREF
                          Legal Document (Payment Possibly Required) 429 Filed: 12/13/2019, Entered: None Order
                            Request RequestSpace LREF
                            Legal Document (Payment Possibly Required) 427 Filed: 12/4/2019, Entered: None Reply to Response to Motion
                              Request RequestSpace LREF
                              Legal Document (Payment Possibly Required) 422 Filed: 10/22/2019, Entered: None Reply (non-motion)
                                Request RequestSpace LREF
                                Legal Document (Payment Possibly Required) 418 Filed: 9/23/2019, Entered: None Letter
                                  Request RequestSpace LREF
                                  Legal Document (Payment Possibly Required) 417 Filed: 9/23/2019, Entered: None Response to Motion
                                    Request RequestSpace LREF
                                    Legal Document (Payment Possibly Required) 416 Filed: 9/10/2019, Entered: None Order on Motion for Hearing
                                      Request RequestSpace LREF
                                      Legal Document (Payment Possibly Required) 415 Filed: 9/6/2019, Entered: None Hearing
                                        Request RequestSpace LREF
                                        Legal Document (Payment Possibly Required) 414 Filed: 7/15/2019, Entered: None Notice of Attorney Appearance - USA
                                          Request RequestSpace LREF
                                          Legal Document (Payment Possibly Required) 412 Filed: 6/28/2019, Entered: None Miscellaneous Relief
                                            Request RequestSpace LREF
                                            Legal Document (Payment Possibly Required) 411 Filed: 6/27/2019, Entered: None Order on Motion to Appear Pro Hac Vice
                                              Request RequestSpace LREF
                                              Legal Document (Payment Possibly Required) 409 Filed: 6/20/2019, Entered: None Appear Pro Hac Vice
                                                Request RequestSpace LREF
                                                Sealed Legal Document 390 Filed: 9/16/2011, Entered: None Unknown Document Type
                                                SEALED DOCUMENT placed in vault. (mps) (Entered: 09/16/2011)
                                                  Request RequestSpace LREF
                                                  Sealed Legal Document 386 Filed: 9/14/2011, Entered: None Unknown Document Type
                                                  SEALED DOCUMENT placed in vault. (mps) (Entered: 09/14/2011)
                                                    Request RequestSpace LREF
                                                    Legal Document (Payment Possibly Required) 382 Filed: 8/31/2011, Entered: None Unknown Document Type
                                                    FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - SENTENCING MEMORANDUM by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti. (Honig, Elie) Modified on 8/31/2011 (ka). (Entered: 08/31/2011)
                                                      Request RequestSpace LREF
                                                      Sealed Legal Document 371 Filed: 3/4/2010, Entered: None Unknown Document Type
                                                      SEALED DOCUMENT placed in vault. (nm) (Entered: 03/04/2010)
                                                        Request RequestSpace LREF
                                                        Sealed Legal Document 369 Filed: 12/7/2009, Entered: None Unknown Document Type
                                                        SEALED DOCUMENT placed in vault. (nm) (Entered: 12/07/2009)
                                                          Request RequestSpace LREF
                                                          Sealed Legal Document 368 Filed: 11/17/2009, Entered: None Unknown Document Type
                                                          SEALED DOCUMENT placed in vault. (jri) (Entered: 11/17/2009)
                                                            Request RequestSpace LREF
                                                            Legal Document (Payment Possibly Required) 365 Filed: 5/19/2009, Entered: None Unknown Document Type
                                                            MEMORANDUM OF LAW in Opposition to Defendant Peter Gotti's Motion for Reconsideration by USA as to Peter Gotti. (ae) (Entered: 06/02/2009)
                                                              Request RequestSpace LREF
                                                              Legal Document (Payment Possibly Required) 364 Filed: 5/19/2009, Entered: None Unknown Document Type
                                                              FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM in Opposition by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti re MOTION to Vacate under 28 U.S.C. 2255. Opposition to Gotti's Motion to Reconsider (Honig, Elie) Modified on 5/20/2009 (jar). (Entered: 05/19/2009)
                                                                Request RequestSpace LREF
                                                                Legal Document (Payment Possibly Required) 361 Filed: 11/14/2008, Entered: None Unknown Document Type
                                                                FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Opposition by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti re MOTION to Vacate under 28 U.S.C. 2255. (Honig, Elie) Modified on 11/17/2008 (jar). (Entered: 11/14/2008)
                                                                  Request RequestSpace LREF
                                                                  Legal Document (Payment Possibly Required) 358 Filed: 10/8/2008, Entered: None Unknown Document TypeCourt Filing
                                                                  ENDORSED LETTER: As to Peter Gotti addressed to Judge Harold Baer Jr. from Elie Honig dated 10/7/2008 re: The Government respectfully requests an extension of time for filing its response to defendant Peter Gotti's Rule 2255 Motion in the above-referenced case. The Court has ordered the Government to respond by October 17, 2008, Government counsel, however, is on trial in front of this Court, in the case United States v. Antonio Scott and O'Kene White, starting October 14, 2008. The Government therefore respectfully requests that its response be due by November 14, 2008. I have spoken with Joseph Bondy, Esq., counsel for Gotti, who consents to this request.ENDORSEMENT: Agreed - on consent November 14, 2008. So Ordered. as to Peter Gotti( Responses due by 11/14/2008) (Signed by Judge Harold Baer on 10/8/2008)(D'Avanzo, Daniel) (Entered: 10/08/2008)
                                                                    Request RequestSpace LREF
                                                                    Legal Document (Payment Possibly Required) 357 Filed: 9/22/2008, Entered: None Unknown Document TypeCourt Filing
                                                                    ENDORSED LETTER as to Peter Gotti addressed to Judge Baer from AUSA Elie Honig dated 9/18/08 re: submitted to request that the Government's response to defendant's Rule 2255 Motion be due by 11/14/08. ENDORSEMENT: November 14, on consent. So Ordered. (Signed by Judge Harold Baer on 9/22/08)(bw) (Entered: 09/23/2008)
                                                                      Request RequestSpace LREF
                                                                      Legal Document (Payment Possibly Required) 347 Filed: 8/13/2007, Entered: None Unknown Document Type
                                                                      MANDATE of USCA (certified copy) as to John Matera, Thomas Carbonaro, Peter Gotti re: 258 Notice of Appeal - Final Judgment, 297 Notice of Appeal - Final Judgment, 300 Notice of Appeal - Final Judgment. USCA Case Numbers: 05-0392-cr(L), 05-4259-cr(Con), 05-4289-cr(Con). On consideration whereof, it is hereby Ordered, Adjudged and Decreed that the judgments of the District Court are AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 8/9/07. (bw) (Entered: 08/14/2007)
                                                                        Request RequestSpace LREF
                                                                        Legal Document (Payment Possibly Required) 308 Filed: 9/7/2005, Entered: None Unknown Document TypeCourt Filing
                                                                        TRANSCRIPT of Proceedings as to Peter Gotti held on July 27, 2005, 5:00 p.m. before Judge Richard C. Casey. (dt, ) (Entered: 09/07/2005)
                                                                          Request RequestSpace LREF
                                                                          Legal Document (Payment Possibly Required) 304 Filed: 8/16/2005, Entered: None Unknown Document Type
                                                                          USCA SCHEDULING ORDER as to John Matera, Thomas Carbonaro, Peter Gotti related to 300 Notice of Appeal - Final Judgment filed by Peter Gotti,, 258 Notice of Appeal - Final Judgment filed by John Matera,, 297 Notice of Appeal - Final Judgment filed by Thomas Carbonaro,, USCA Case Number 05-0392-cr. Roseann B. MacKenhnie, Clerk USCA. Defendant Reply Brief due by 10/6/2005. Government Reply Brief due by 11/7/2005. Appeal Record due by 9/6/2005. (nd, ) (Entered: 08/17/2005)
                                                                            Request RequestSpace LREF
                                                                            Legal Document (Payment Possibly Required) 300 Filed: 8/4/2005, Entered: None Unknown Document Type
                                                                            NOTICE OF APPEAL by Peter Gotti from 298 Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A. (tp, ) (Entered: 08/08/2005)
                                                                              Request RequestSpace LREF
                                                                              Legal Document (Payment Possibly Required) 298 Filed: 7/29/2005, Entered: None Unknown Document TypeCourt Filing
                                                                              JUDGMENT as to Peter Gotti (7), Count(s) 1, 1s, 1ss, 2, 2s, 2ss, 5, 5s, 5ss, 8, 8s, 8ss, 300 months to be served as follows, 240months on counts 1&2 & 120 months on count 5 with the first 60 months on count to be served consecutively to the sentence on count 1. All remaining terms will be concurrent. 36 months supervised release on each count to run concurrently. $400.00 special assessment. The determination of restitution is 10/25/05. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. Deft. remanded.. (Signed by Judge Richard C. Casey on 7/29/05)(pr, ) (Entered: 08/03/2005)
                                                                                Request RequestSpace LREF
                                                                                Legal Document (Payment Possibly Required) 294 Filed: 7/28/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy and Beth H. Citron dated 7/25/05 re: Peter Gotti respectfully submits this letter in response to the Court's Order dated June 30, 2005. For all of these reasons, Mr. Gotti respectfully submits that his sentence may not be enhanced based on the attacks on Parasole and Kuehne. (jw, ) (Entered: 07/29/2005)
                                                                                  Request RequestSpace LREF
                                                                                  Legal Document (Payment Possibly Required) 292 Filed: 7/28/2005, Entered: None Unknown Document Type
                                                                                  SENTENCING MEMORANDUM by Peter Gotti. (jw, ) (Entered: 07/29/2005)
                                                                                    Request RequestSpace LREF
                                                                                    Legal Document (Payment Possibly Required) 291 Filed: 7/28/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                    Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 6/28/05 re: The Government respectfully submits this letter in response to defendant Peter Gotti's Memorandum in Aid of Sentencing. For the foregoing reasons, Gott's objections to the PSR's Sentencing Guidelines calculations and his motions for a sentence below the applicable Guidelines range should be rejected. (jw, ) (Entered: 07/29/2005)
                                                                                      Request RequestSpace LREF
                                                                                      Legal Document (Payment Possibly Required) 290 Filed: 7/28/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                      Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 6/29/05 re: The Government respectfully submits this letter in advance of the sentencing of defendant Thomas Carbonaro scheduled for July 1, 2005. For the foregoing reasons, the Government respectfully submits that Carbonaro should be sentenced to life imprisonment (jw, ) (Entered: 07/29/2005)
                                                                                        Request RequestSpace LREF
                                                                                        Legal Document (Payment Possibly Required) 289 Filed: 7/28/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                        Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Jooh H. Kim and Victor L. Hou dated 7/11/05 re: The Government respectfully submits this letter in response to the Court's Order dated June 30, 2005. (jw, ) (Entered: 07/29/2005)
                                                                                          Request RequestSpace LREF
                                                                                          Legal Document (Payment Possibly Required) 288 Filed: 7/21/2005, Entered: None Unknown Document Type
                                                                                          NOTICE of Fed. R. Crim. P. 32(h) as to Thomas Carbonaro, Peter Gotti. Pursuant to Fed'l Rule of Crim Procedure 32(h), the parties are given notice that the Court is contemplating an upward departure from the dfts' sentencing ranges under Application Note 8 of U.S. Sentencing Guidelines section 2B3.2 (2002) on the ground that the construction-industry extortion conspiracy involved organized criminal activity. Cnsl will have the opportunity to be heard on this matter at the sentencing hrg. The parties may also submit their views in writing prior to the hrg if they so wish. SO ORDERED. (ja, ) (Entered: 07/26/2005)
                                                                                            Request RequestSpace LREF
                                                                                            Legal Document (Payment Possibly Required) 284 Filed: 7/1/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                            ORDER as to Thomas Carbonaro, Peter Gotti. After considering the parties' recent sentencing submission, the Court directs the parties to address the following two interrogatories: [see Order]... The chance to address these issues prior to the sentencing hearing will benefit all parties and the Court. If counsel cannot respond by the end of business today, the Court will entertain an application to adjourn the sentencings. (Signed by Judge Richard C. Casey on 6/30/05)(bw, ) (Entered: 07/07/2005)
                                                                                              Request RequestSpace LREF
                                                                                              Legal Document (Payment Possibly Required) 280 Filed: 5/19/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                              Letter by Peter Gotti addressed to Judge Casey from Attorney Joseph A. Bondy dated 4/14/05 re: submitted this letter-reply in support of Peter Gotti's post-verdict motions for a judgment of acquittal and new trial pursuant to F.R.Cr.P. 29 and 33. (bw, ) (Entered: 05/20/2005)
                                                                                                Request RequestSpace LREF
                                                                                                Legal Document (Payment Possibly Required) 279 Filed: 5/19/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                MEMORANDUM AND ORDER denying 261 Motion for Acquittal as to Thomas Carbonaro (5); denying 270 Motion for Acquittal as to Thomas Carbonaro (5); denying 267 Motion for Acquittal as to Peter Gotti (7). SO ORDERED. (Signed by Judge Richard C. Casey on 5/19/05) (ja, ) (Entered: 05/19/2005)
                                                                                                  Request RequestSpace LREF
                                                                                                  Legal Document (Payment Possibly Required) 277 Filed: 4/6/2005, Entered: None Unknown Document Type
                                                                                                  MEMORANDUM in Opposition by USA as to Thomas Carbonaro, Peter Gotti re 261 MOTION for Acquittal after verdict, 267 MOTION for Acquittal. 270 MOTION for Acquittal. (ja, ) (Entered: 04/11/2005)
                                                                                                    Request RequestSpace LREF
                                                                                                    Legal Document (Payment Possibly Required) 274 Filed: 3/10/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                    Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti addressed to Judge Richard Conway Casey from Michael G. McGovern dated 12/21/05 re: requesting that the Court respond as set forth in this letter two question posed on the jury note marked Court Exhibit #10. (kw, ) (Entered: 03/14/2005)
                                                                                                      Request RequestSpace LREF
                                                                                                      Legal Document (Payment Possibly Required) 273 Filed: 3/10/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                      Letter by USA as to Louis Vallario, Edward Garafola, Peter Gotti addressed to Judge Richard Conway Casey from John M. Hillebrecht dated 4/2/05 re: in response to the third round of defense motions. (kw, ) (Entered: 03/14/2005)
                                                                                                        Request RequestSpace LREF
                                                                                                        Legal Document (Payment Possibly Required) 269 Filed: 2/9/2005, Entered: None Unknown Document Type
                                                                                                        COURT EXHIBITS #1 - 12 & 14 (dtd 12/17/04) as to Thomas Carbonaro, Peter Gotti. (ja, ) (Entered: 02/09/2005)
                                                                                                          Request RequestSpace LREF
                                                                                                          Legal Document (Payment Possibly Required) 268 Filed: 2/9/2005, Entered: None Unknown Document Type
                                                                                                          COURT EXHIBIT # 13 (Verdict Sheet)(dtd 12/22/04) as to Thomas Carbonaro, Peter Gotti. (ja, ) (Entered: 02/09/2005)
                                                                                                            Request RequestSpace LREF
                                                                                                            Legal Document (Payment Possibly Required) 267 Filed: 1/24/2005, Entered: None Unknown Document Type
                                                                                                            POST-VERDICT MOTION filed by Peter Gotti for a Judgment of Acquittal and for a New Trial in the interests of justice, pursuant to Federal Rules of Criminal Procedure 29 and 33. (bw, ) (Entered: 02/07/2005)
                                                                                                              Request RequestSpace LREF
                                                                                                              Legal Document (Payment Possibly Required) 266 Filed: 1/26/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                              ORDER as to Thomas Carbonaro, Peter Gotti.... WHEREAS, no party in this matter objects to permitting Carbonaro the add'l time and adjusting the briefing schedule accordingly; It is ORDERED that: 1) Carbonaro's request for 45 days to file a memorandum of law is granted; 2) Carbonaro shall file the memorandum by 3/10/05; 3) The Gov't shall file its opposition to both dfts' motions by 4/7/05; and 4) The dfts shall file their replies due by 4/14/2005. SO ORDERED. (Signed by Judge Richard C. Casey on 1/25/05)(ja, ) (Entered: 02/07/2005)
                                                                                                                Request RequestSpace LREF
                                                                                                                Legal Document (Payment Possibly Required) 262 Filed: 1/31/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                TRANSCRIPT of Proceedings as to Edward Garafola, Thomas Carbonaro, Peter Gotti held on 10/5/04 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/31/2005)
                                                                                                                  Request RequestSpace LREF
                                                                                                                  Legal Document (Payment Possibly Required) 257 Filed: 1/7/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                  TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on 11/05/04 before Judge Richard C. Casey. (es, ) (Entered: 01/07/2005)
                                                                                                                    Request RequestSpace LREF
                                                                                                                    Legal Document (Payment Possibly Required) 256 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                    TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on 12/23/04 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                      Request RequestSpace LREF
                                                                                                                      Legal Document (Payment Possibly Required) 255 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                      TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on 11/4/04 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                        Request RequestSpace LREF
                                                                                                                        Legal Document (Payment Possibly Required) 254 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                        TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on December 15, 16, 20, 21, 22, 23 2004 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                          Request RequestSpace LREF
                                                                                                                          Legal Document (Payment Possibly Required) 253 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                          TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on December 8, 9, 10, 13, 14, 15 2004 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                            Request RequestSpace LREF
                                                                                                                            Legal Document (Payment Possibly Required) 252 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                            TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on December 1, 2, 6, 7, 8, 9 2004 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                              Request RequestSpace LREF
                                                                                                                              Legal Document (Payment Possibly Required) 251 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                              TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on November 15, 16, 17, 18, 19, 22, 23, 23 2004 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                                Request RequestSpace LREF
                                                                                                                                Legal Document (Payment Possibly Required) 250 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on November 23, 24, 29, 30 and December 1,2 2004 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                                  Request RequestSpace LREF
                                                                                                                                  Legal Document (Payment Possibly Required) 249 Filed: 1/6/2005, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                  TRANSCRIPT of Proceedings as to Thomas Carbonaro, Peter Gotti held on November 4, 5, 8, 9, 10, 15 2004 before Judge Richard C. Casey. (Martin, Leslie) (Entered: 01/06/2005)
                                                                                                                                    Request RequestSpace LREF
                                                                                                                                    Legal Document (Payment Possibly Required) 248 Filed: 12/27/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                    ORDER as to Thomas Carbonaro, Peter Gotti. It is hereby ORDERED that John Meringolo, Esq., having previously been assigned to assist as a paralegal trial counsel for the defendant, Thomas Carbonaro, be paid from CJA funds for his time both in court and out of court at a rate of $50.00 per hour. (Signed by Judge Richard C. Casey on 12/23/04)(jw, ) (Entered: 01/04/2005)
                                                                                                                                      Request RequestSpace LREF
                                                                                                                                      Legal Document (Payment Possibly Required) 247 Filed: 12/29/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                      ORDER as to Thomas Carbonaro, Peter Gotti. It is ORDERED that the Bureau of Prison shall expeditiously transfer the defendant, Peter Gotti, from the Metropolitan Correctional Center to the Metropolitan Detention Center. Upon transfer, the defendant shall be given a physical examination by a medical professional. (Signed by Judge Richard C. Casey on 12/29/04)(jw, ) (Entered: 01/03/2005)
                                                                                                                                        Request RequestSpace LREF
                                                                                                                                        Legal Document (Payment Possibly Required) 246 Filed: 12/23/2004, Entered: None Unknown Document Type
                                                                                                                                        Supplemental Verdict Sheet [Exhibit # 15]. as to Peter Gotti, Thomas Carbonaro. (ja, ) (Entered: 12/29/2004)
                                                                                                                                          Request RequestSpace LREF
                                                                                                                                          Legal Document (Payment Possibly Required) 245 Filed: 12/23/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                          Letter addressed to Judge Robert P. Patterson from Michael G. McGovern dated Joon H. Kim re: in response to the Court's inquiry of the parties earlier this morning in Court with regard to charging the jury on premeditation with respect to Counts One. Filed by USA as to Peter Gotti. (kw, ) (Entered: 12/27/2004)
                                                                                                                                            Request RequestSpace LREF
                                                                                                                                            Legal Document (Payment Possibly Required) 241 Filed: 12/14/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                            ORDER as to Peter Gotti, Thomas Carbonaro. Defendant Peter Gotti has moved to exclude from introduction at trial video/audio recordings of his conversations with his deceased brother John Gotti, Sr taken while the latter was incarcerated at USP Marion. Gotti argues that John Gotti, Sr's statements should be excluded pursuant to the Supreme Court's decision in Crawford v. Washington, and that the recordings contain inadmissible hearsay. Defendant Gotti also seeks to introduce portions of one Marion recording dated May 23, 1997 under the doctrine of completeness. After examining transcripts of the recordings that the Government seeks to introduce, the Court finds that they are admissible in part. The Court further finds that the portions that Defenant Gotti offers do not properly fall within the completeness doctrine. (Signed by Judge Richard C. Casey on 12/14/04)(jw, ) (Entered: 12/20/2004)
                                                                                                                                              Request RequestSpace LREF
                                                                                                                                              Legal Document (Payment Possibly Required) 239 Filed: 12/14/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                              ORDER as to Peter Gotti, Thomas Carbonaro. The Court finds that the following portions of the Marion recordings are inadmissible pursuant to Federal Rule of Evidence 403: March 15, 1996: In its entirety. May 23, 1997: Page 2, line 1 through page 3, line 28, Page 11, line 9 through page 15, line 19; Page 20, line 47 through page 21, line 31. The Court will issue its ruling regarding the admissibility of the remaining portions that the Government and the Defendant seek to admit on December 14, 2004. SO ORDERED. (Signed by Judge Richard C. Casey on 12/13/04)(jw, ) (Entered: 12/16/2004)
                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                Legal Document (Payment Possibly Required) 238 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti, addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim/Victor L. Hou, AUSAs, dated 12/8/04, re: letter in further support of its motion to preclude certain lines of irrelevant and potentially inflammatory cross-examination by defense counsel. (ja, ) (Entered: 12/16/2004)
                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                  Legal Document (Payment Possibly Required) 237 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                  Letter as to Peter Gotti, Thomas Carbonaro, addressed to Judge Casey, from Joseph A. Bondy, Atty for the dft Peter Gotti, dated 12/6/04, re: response to the Govt's 12/5/04 ltr informing the Crt that no photographs or video from Arizona were provided to dft Zarger or his counsel... (ja, ) (Entered: 12/16/2004)
                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                    Legal Document (Payment Possibly Required) 236 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                    Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti, addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim/Victor L. Hou, AUSAs, dated 12/5/04, re: advising the Crt of the results of our inquiry into Ilan Zarger... (ja, ) (Entered: 12/15/2004)
                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                      Legal Document (Payment Possibly Required) 235 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                      Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti, addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim/Victor L. Hou, AUSAs, dated 11/27/04, re: response to the dfts' letter of 11/24/04. In their letter, the dfts concede the impropriety of attacking the Govt's alleged motives for this prosecution and otherwise presenting irrelevant and improper evidence and arguments... (ja, ) (Entered: 12/15/2004)
                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                        Legal Document (Payment Possibly Required) 234 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                        Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim/Victor L. Hou, AUSAs, dated 11/22/04, re: a request that the Court direct the defendants to discontinue their ongoing attempt to impute improper motives on the Gov't and the instant prosecution, and to otherwise present irrelevant and improper arguments to the jury... (ja, ) (Entered: 12/15/2004)
                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                          Legal Document (Payment Possibly Required) 233 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                          Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim/Victor L. Hou, AUSAs, dated 10/29/04, re: ltr submitted to clarify certain issues relating to (i) the surveillance photographs and videos, and (ii) the crime scene photographs the Gov't intends to introduce at trial. (ja, ) (Entered: 12/15/2004)
                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                            Legal Document (Payment Possibly Required) 232 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                            Letter submitted on behalf of Peter Gotti, addressed to Judge Casey, from Joseph A. Bondy, Atty for the dft, dated 10/29/04, re: reply to the prosecution's letter regarding the disputed Garafalo/Hydell crime scene pictures. (ja, ) (Entered: 12/15/2004)
                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                              Legal Document (Payment Possibly Required) 231 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                              Letter submitted on behalf of Peter Gotti, addressed to Judge Casey, from Joseph A. Bondy, Atty for the dft, dated 10/28/04, re: at the courts request, we supplement our in limine letter on 10/27/04 objecting to the admission of photographs depicting blood and corpses at trial... (ja, ) (Entered: 12/15/2004)
                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                Legal Document (Payment Possibly Required) 230 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                Letter as to Peter Gotti, addressed to Judge Casey, from Joseph A. Bondy, Atty for the dft, dated 10/28/04, re: Peter Gotti moves, in limine, to exclude all photographs containing blood or corpses which the Gov't seeks to introduce at trial. (ja, ) (Entered: 12/15/2004)
                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                  Legal Document (Payment Possibly Required) 229 Filed: 12/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                  Letter by USA as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim/Victor L. Hou, AUSAs, dated 10/26/04, re: the Gov't has provided defense counsels with copies of the photographs of the crime scenes for the Edward Garofalo and Frank Hydell murders to determine whether defense counsel have any objections to the admission of the photographs... The Gov't respectfully submits that the proposed photographs... are properly admissible at trial. (ja, ) (Entered: 12/15/2004)
                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                    Legal Document (Payment Possibly Required) 226 Filed: 12/8/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                    TRANSCRIPT of Proceedings as to Peter Gotti, Thomas Carbonaro held on 11/22/04 before Judge Richard C. Casey. (Gonzalez, Jose) (Entered: 12/08/2004)
                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                      Legal Document (Payment Possibly Required) 225 Filed: 12/8/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                      TRANSCRIPT of Proceedings as to Peter Gotti, Thomas Carbonaro held on 11/29/04 before Judge Richard C. Casey. (Gonzalez, Jose) (Entered: 12/08/2004)
                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                        Legal Document (Payment Possibly Required) 217 Filed: 11/10/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                        ORDER as to Peter Gotti, Thomas Carbonaro. HEREBY ORDERED that the Metropolitan Correctional Center Manhattan, is to permit Defts Peter Gotti & Thomas Carbonaro to have co-defendant meetings with counsel every day, or in evenings upon return from court, as needed from today through to completion of their trial on or about 2/1/05. . (Signed by Judge Richard C. Casey on 11/9/04)(pr, ) (Entered: 11/10/2004)
                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                          Legal Document (Payment Possibly Required) 215 Filed: 11/4/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                          ORDER as to Peter Gotti, Thomas Carbonaro. The Gov't has moved to admit at trial crime-scene photographs of two murders charged in this case. The dfts have objected under Fed'l Rule of Evidence 403, arguing that nine of the photographs are overly prejudicial and cumulative... After considering the photographs and the parties' written submissions to Judge Casey, I find that the photographs are admissible... The dfts' objections to the nine photographs under Fed'l Rule of Evidnce 403 are overruled. The danger of undue prejudice or cumulativeness does not substantially outweigh their probative value. Therefore, they are admissible at trial. SO ORDERED. (Signed by Judge John F. Keenan on 11/3/04)(ja, ) (Entered: 11/05/2004)
                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                            Legal Document (Payment Possibly Required) 212 Filed: 11/4/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                            ORDER as to Peter Gotti, Thomas Carbonaro. It is ordered that no spectators at the trial of this case will be permitted to stand in the courtroom. In addition, five seats shall be reserved each trial day for members of the in-resident press, five seats for outside press members, and three seats for sketch artists. The spaces will be filled on a first-come, first-served basis. (Signed by Judge Richard C. Casey on 11/3/04)(jw, ) (Entered: 11/04/2004)
                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                              Legal Document (Payment Possibly Required) 211 Filed: 11/3/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                              ORDER as to Peter Gotti, Thomas Carbonaro. The Gov't has moved to admit at trial crime-scene photographs of the Edward Garofala and Frank Hydell murders. The dfts have objected to nine specific photographs on the ground that they are overly prejudicial and cumulative. Because this objection requires visual observation of the photographs, I notified the parties that I would refer the issue to a colleague in this district. I am therefore referring the matter to the Honorable John F. Keenan. SO ORDERED. (Signed by Judge Richard C. Casey on 11/1/04)(ja, ) (Entered: 11/04/2004)
                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                Legal Document (Payment Possibly Required) 210 Filed: 10/29/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                MEMORANDUM ORDER as to Peter Gotti, Thomas Carbonaro. Before the Crt are various motions from the parties requesting evidentiary rulings in preparation for trial, to begin 11/1/04. The Gov't has moved to admit 1) the testimoney of a criminal investigator...; 2) 3 categories of statements on the basis that they are statements of co-conspirators...; and 3) evidence of uncharged crimes against the dfts. Dft Gotti has again moved to sever his trial from those of his co-dfts... Therefore, the Gov't is directed to identify to the dfts the visual exhibits at least one week prior to the day it will seek to admit the surveillance evidence. The dfts shall then inform the Crt by the next business day whether they believe the admissibility question requires viewing the evidence. If so, the Crt will refer the issue to a colleague in this district. SO ORDERED. (Signed by Judge Richard C. Casey on 10/28/04)(ja, ) (Entered: 11/01/2004)
                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                  Legal Document (Payment Possibly Required) 207 Filed: 11/1/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                  ORDER as to Peter Gotti, Thomas Carbonaro. Voir dire is anticipated to begin in this case on November 4, 2004, at 9:00am in Courtroom 14C. The Court will conduct the voir dire in the jury room. Because of space constraints, the Court will permit no more than two credentialed members of the press and one sketch artist to observe voir dire. Members of the press shall designate no more than two individuals to act as pool reporters during the voir dire each morning and no more than two individuals each afternoon. The sketch artist may not sketch any prospective jurors. (Signed by Judge Richard C. Casey on 10/29/04)(jw, ) (Entered: 11/01/2004)
                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                    Legal Document (Payment Possibly Required) 205 Filed: 10/28/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                    ORDER FOR EMPANELED JURORS as to Peter Gotti, Thomas Carbonaro. It is ORDERED that the US Marshal for the Southern District of NY furnish the jurors empaneled and sworn in this case with the necessary transportation during trial and deliberations to and from the Courthouse. The bills for such transportation are to be directed to the Clerk of the Court for the Southern District of NY, 500 Pearl Street, NY, NY 10007. SO ORDERED. (Signed by Judge Richard C. Casey on 10/28/04)(jw, ) (Entered: 10/29/2004)
                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                      Legal Document (Payment Possibly Required) 202 Filed: 10/27/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                      ENDORSED LETTER as to Peter Gotti addressed to JUDGE CASEY from JOSEPH A. BONDY dated 10/25/04 I respectfully request that Beth Citron, J.D. be allowed to accompany me at the counsel table during Gotti's trial.APPLICATION GRANTEDCASEY, USDJ. (Signed by Judge Richard C. Casey on 10/26/04)(pr, ) (Entered: 10/28/2004)
                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                        Legal Document (Payment Possibly Required) 201 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                        MEMORANDUM & ORDER as to Peter Gotti, Thomas Carbonaro. Defendants Peter Gotti and Thomas Carbonaro move to strike the sentencing allegations as surplusage under Federal Rule of Criminal Procedure, arguing that Blakely does not apply to the Sentencing Guidelines in this circuit. For the reasons stated below, their motion is GRANTED IN PART nad DENIED IN PART. These issues may be resolved by the Supreme Court's forthcoming decision in Booker anf Fanfan. SO ORDERED. (Signed by Judge Richard C. Casey on 10/25/04)(jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                          Legal Document (Payment Possibly Required) 200 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                          Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/25/04 re: The Government respectfully submits this letter in response to the Court's inquiry about the nature of the Marion federal prison recordings that the Government intends to introduce at trial. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                            Legal Document (Payment Possibly Required) 199 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                            Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/22/04 re: The Government respectfully submits this letter in response to defendant Peter Gotti's letter dated October 19, 2004, objecting to the expert testimony of Kenneth J. McCabe, a Criminal Investigator with the US Atty's Office. For the foregoing reasons, and the reasons set forth in the Government's October 12, 2004 letter, the Government respectfully submits that the Court should permit the expert testimony of Mr. McCabe at trial. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                              Legal Document (Payment Possibly Required) 198 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                              Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/22/04 re: The Government respectfully submits this letter to address some confusion that may exist among defense counsel with regard to the Government's October 12, 2004 in limine motion to admit various categories of co-conspirator statements at the upcoming trial. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                Legal Document (Payment Possibly Required) 197 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/20/04 re: The Government respectfully submits this letter in opposition to defendant Gotti's October 19, 2004 in limine motions seeking preclusion at trial of a September 23, 1997 conversation between defendant Gotti and his brother, John J. Gotti, that was recorded while the latter was incarcerated at FCI Marion, and all surveillance photographs and videotapes of Gotti associating with members and associates of the Gambino Organized Crime Family. For the reasons stated below, both motions are patently meritless (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 196 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                  Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy dated 10/19/04 re: Defendant Peter Gotti joins in the motions of co-defendant Edward Garafola, and similarly reserves the right to make specific objections and in limine motions to exclude certain types of co-conspirator statements until such time as the prosecution sets out the particular statements it hopes to elicit at trial (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 195 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                    Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy dated 10/19/04 re: Defendant Peter Gotti moves once again for a severance of trial from his co-defendants. A joint trial with co-defendants Edward Garafola and Thomas Carbonaro, who are named in the Indictment in substantial, violent, criminal activity, which Peter Gotti has neither been charged with nor linked to, and who are also subjects of uncharged violaent crimes including murders which the government seeks to introduce as enterprise evidence, would result in otherwise inadmissible and unduly prejudicial evidence being introduced against Peter Gotti (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 194 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                      Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy dated 10/19/04 re: Peter Gotti moves to exclude the audio/video recording of Peter Gott's September 23, 1997 visit with his then-incarcerated late brother, John. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 193 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                        Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy dated 10/19/04 re: Peter Gotti respectfully responds to the government's motion in limine seeking to call Federal Bureau of Investigation Agent Kenneth J. McCabe as an expert witness to provide testimony concerning, among other things, the identities, structure, membership, and rules governing the organized-crime families of La Cosa Nostra, as well as the jargon used by its members. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                          Save 25% on a pre-paid one year subscription.
                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 192 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                          Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy dated 10/19/04 re: Defendant Peter Gotti respectfully respond to the prosecution's in limine motion seeking to introduce evidence of other crimes, which largely do not involve Peter Gotti, (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 191 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                            Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/19/04 re: For the foregoing reasons, the Government respectfully requests an in limine ruling by the Court recognizing the admissibility of Witness-1's statement to the police in the immediate aftermathe of the Garofalo murder (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 190 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                              Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/14/04 re: The Government respectfully submits this letter in response to defendant Gotti's and defendant Garafola's respective October 12, 2004 letter motion to strike or, at a minimum, temporarily "redact and save for proof at sentencing" the Sentencing Allegations of the above-referenced indictment. Accordingly, defendant's motions to strike the Indictment's Sentencing Allegations should be denied. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 189 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/12/04 re: The Government respectfully submits this letter to apprise the Court and the defendants of additional details relating to certain of the predicate racketeering acts charged in the above-referenced superseding indictment and evidence that the Government will offer at trial concerning certain crimes committed by the defendants and their co-racketeers that are not the subject of any charged racketeering acts. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 188 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                  Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/12/04 re: The Government respectfully submits this letter in support of its request to call Kenneth J. McCabe, an organized crime expert, at trial to provide testimony concerning, among other things, the identities, structure, membership, and rules governing the organzied-crime families of La Cosa Nostra, as well as the jargon used by its members. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 187 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                    Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/12/04 re: The Government respectfully submits this letter in support of its motion for an in limine ruling recognizing the admissibility of certain types of co-conspirator statements that the Government expects to elicit from its witnesses during trial. For the foregoing reasons, the Government respectfully submits that it should be permitted to introduce at trial the evidence discussed above. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 186 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                      Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern, Joon H. Kim and Victor L. Hou dated 10/12/04 re: The Government respectfully submits this letter in limine to request that the Court preclude cross-examination, evidence and argument to the jury regarding the decision by the Richmond County District Atty's Office to arrest, charge and subsequently dismiss charges against Wayne Powell for shooting Frank Hydell and limit cross-examination regarding the personal affairs of Government witnesses. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 185 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                        Letter by USA as to Peter Gotti addressed to Judge Casey from Michael G. McGovern and Joon H. Kim and Victor L. Hou dated 10/12/04 re: The Government respectfully submits this letter in support of its motion for an in limine ruling recognizing the admissibility of certain types of co-conspirator statements that the Government expects to elicit from its witnesses during trial. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 184 Filed: 10/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                          Letter by Peter Gotti addressed to Judge Casey from Joseph A. Bondy dated 10/5/04 re: Defendant Peter Gotti therefore respectfully moves to strike all sentencing enhancement issues from the Eight Superseding Indictment, and to remove from the jury's consideration any issue other than deciding the statutory criminal violations charged. (jw, ) (Entered: 10/26/2004)
                                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 183 Filed: 10/25/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                            ORDER as to Peter Gotti, Edward Garafola, Thomas Carbonaro. The Court will use a jury questionnaire to facilitate jury selection in this case. The Court has received the parties' proposed questionnaire and the Government's objections to specific questions therein. The Court adopts the proposed questionnaire with the alterations, which the Court will make. The trial day shall last from 9:30 a.m. until approximately 5:00 p.m., Monday through Thursday, but will be extended if necessary. The Court will also sit on Fridays if it becomes necessary. (Signed by Judge Richard C. Casey on 10/22/04)(ph, ) . (Entered: 10/26/2004)
                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 182 Filed: 10/22/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                              TRANSCRIPT of Proceedings as to Peter Gotti, Edward Garafola, Thomas Carbonaro held on 10/15/04 before Judge Richard C. Casey. (Cardona, Gilbert) (Entered: 10/22/2004)
                                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 179 Filed: 10/18/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                TRANSCRIPT of Proceedings as to Peter Gotti, Edward Garafola, Thomas Carbonaro held on 10/06/04 before Judge Richard C. Casey. (Simpson, Evon) (Entered: 10/18/2004)
                                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 178 Filed: 10/14/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                  TRANSCRIPT of Proceedings as to Peter Gotti, Edward Garafola, Thomas Carbonaro held on 10/6/04 before Judge Richard C. Casey. (pa, ) (Entered: 10/14/2004)
                                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 177 Filed: 10/7/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                    MEMORANDUM & ORDER as to Peter Gotti, Edward Garafola, Thomas Carbonaro. The Govt has moved for an anonymous jury and other protective measures to be implemented during the trial in this matter, scheduled to commence on 11/1/04. Deft Peter Gotti does not object to the jurors' identifying information being concealed from the defts and the public, but argues that his counsel should have access to the potential jurors' names, addresses, and places of employment during voir dire. Defts Edward Garafola and Thomas Carbonaro object to the protective measures based on their rights to a public trial and an impartial jury. In the alternative, Carbonaro joints Gotti's request to permit his lawyer access to identifying juror information during voir dire. Garafola also moves to inspect the jury lists from which the petit jury in this case will be selected, and from the grand jury that returned the indictment was selected. For the reasons stated below, both the Govt's and Garafola's motions are GRANTED.... III. CONCLUSION: For the foregoing reasons, the Govt's motion for protective jury measures is GRANTED. The potential jurors shall not reveal their names, addresses, or places of employment; the jurors shall be kept together during lunch recesses; and the U.S. Marshal Service shall transport the jurors each trial day between the courthouse and an undisclosed location. Garafola's motion pursuant to 28 U.S.C. Section 1867(f) is also GRANTED, but only to the extent that he shall be permitted to inspect, reproduce, and copy the information on the Master Jury Wheel for this courthouse. (Signed by Judge Richard C. Casey on 10/6/04)(bw, ) (Entered: 10/13/2004)
                                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 173 Filed: 10/5/2004, Entered: None Unknown Document Type
                                                                                                                                                                                                                                      (S8) SUPERSEDING INDICTMENT FILED as to Edward Garafola (4) count(s) 1sssss, 2sssss, 5sssss, 8sssss, Thomas Carbonaro (5) count(s) 1ssss, 2ssss, 3ssss, 4ssss, 6ssss, 7ssss, 8ssss, Peter Gotti (7) count(s) 1ss, 2ss, 5ss, 8ss. (ja, ) (Entered: 10/22/2004)
                                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 161 Filed: 8/12/2004, Entered: None Unknown Document Type
                                                                                                                                                                                                                                        MEMORANDUM in Support by USA as to Peter Gotti, Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro re 160 MOTION for an anonymous jury and related protective measures. (ja, ) (Entered: 08/17/2004)
                                                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 160 Filed: 8/12/2004, Entered: None Unknown Document Type
                                                                                                                                                                                                                                          NOTICE OF MOTION for an anonymous jury and related protective measures. Document filed by USA as to Peter Gotti, Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro. Affirmation in support attached. (ja, ) (Entered: 08/17/2004)
                                                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 152 Filed: 6/15/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                            MEMORANDUM ORDER as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti, RE: Interim Payments for Representation of Counsel....pursuant to para. 2.30 B of the Guidelines for the Administration of the Criminal Justice Act, the procedures for interim payments shall apply during the course of your representation in this case. (Signed by Judge Richard C. Casey on 6/15/04)(ja, ) (Entered: 06/17/2004)
                                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 151 Filed: 5/25/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                              TRANSCRIPT of Proceedings as to Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti held on 5/6/04 before Judge Richard C. Casey. (dfe, ) (Entered: 05/25/2004)
                                                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 142 Filed: 4/30/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                TRANSCRIPT of Proceedings as to Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti held on 4/23/2004 before Judge Richard C. Casey. (jp, ) (Entered: 04/30/2004)
                                                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 140 Filed: 4/30/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                  TRANSCRIPT of Proceedings as to Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti held on 4/14/04 before Judge Richard C. Casey. (dfe, ) (Entered: 04/30/2004)
                                                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 139 Filed: 4/30/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                    TRANSCRIPT of Proceedings as to Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti held on 4/23/04 before Judge Richard C. Casey. (dfe, ) (Entered: 04/30/2004)
                                                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 138 Filed: 4/27/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                      ORDER as to Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti. Deft Peter Gotti moves the Court to sever him from his codefendants. For the reasons stated in this Memorandum & Order, the motion is DENIED. (Signed by Judge Richard C. Casey on 4/26/04)(bw, ) (Entered: 04/29/2004)
                                                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 137 Filed: 4/27/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                        TRANSCRIPT of Proceedings as to Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti held on 3/16/04 before Judge Richard C. Casey. (ps, ) (Entered: 04/27/2004)
                                                                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 131 Filed: 4/14/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                          ENDORSED LETTER as to Peter Gotti addressed to Judge Casey from Attorney Joseph DiBenedetto dated 4/12/04 re: requesting that the defendant not be produced and that his appearance be waived for the status conference scheduled for Wednesday 4/14/04 at 5:00 p.m. Judge memo-endorsed: Application granted. (Signed by Judge Richard C. Casey on 4/12/04)(ph, ) . (Entered: 04/14/2004)
                                                                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 130 Filed: 4/6/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                            ENDORSED LETTER as to Peter Gotti addressed to Judge Casey from Attorney Joseph DiBenedetto dated 4/2/04 re: requesting that the defendant not be produced and that his appearance be waived for the status conference scheduled for Monday, April 5, 2004 at 4:00 p.m. Judge memo-endorsed: Application granted. (Signed by Judge Richard C. Casey on 4/2/04)(ph, ) . (Entered: 04/06/2004)
                                                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 129 Filed: 4/1/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                              TRANSCRIPT of Proceedings (Arraignment) as to Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti held on 2/26/04 before Judge Richard C. Casey. (ja, ) (Entered: 04/05/2004)
                                                                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 127 Filed: 3/26/2004, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                MEMORANDUM in Support by Peter Gotti re 126 MOTION to Sever Defendant. (ja, ) (Entered: 03/30/2004)
                                                                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 126 Filed: 3/26/2004, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                  MOTION to Sever Defendant from his co-defendants and for such other relief as is necessary and proper. Affirmation in support attached. Document filed by Peter Gotti. (ja, ) (Entered: 03/30/2004)
                                                                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 125 Filed: 3/26/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                    MEMORANDUM OPINION & ORDER # 89854 as to Louis Vallario, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti.Defendants Peter Gotti, Louis Vallario, Frank Fappiano, Edward Garafola, Thomas Carbonaro, and John Matera, are charged in an 8-count indictment alleging various violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). Presently before the Court are dfts 2nd set of pretrial motions. Gotti and Materia move to sever themselves from their codfts and to dismiss certain counts of the Indictment. Matera moves to dismiss various counts... Carbonaro moves to dismiss a charge based on double jeopardy; and Fappiano moves to dismiss a charge due to government misconduct... CONCLUSION: For the foregoing reasons, dfts' motions are DENIED IN PART AND GRANTED IN PART. SO ORDERED. (Signed by Judge Richard C. Casey on 3/25/04)(ja, ) (Entered: 03/30/2004)
                                                                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 102 Filed: 2/18/2004, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                      (S5) SUPERSEDING INDICTMENT FILED as to Louis Vallario (1) count(s) 1ssss, 2ssss, Frank Fappiano (3) count(s) 1ssss, 2ssss, 8ssss, Edward Garafola (4) count(s) 1ssss, 2ssss, 5ssss, 8ssss, Thomas Carbonaro (5) count(s) 1sss, 2sss, 3sss-4sss, 6sss, 7sss, 8sss, John Matera (6) count(s) 3sss-4sss, 6sss, 7sss, Peter Gotti (7) count(s) 1s, 2s, 5s, 8s. (ph, ) (Entered: 02/23/2004)
                                                                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 98 Filed: 1/6/2004, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                        MEMORANDUM & OPINION # 89526 as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti. Moving defendants move: (1) to dismiss certain charges in the indictment, (2) to sever certain charges, and (3) to compel the government to provide a bill of particulars and discovery. In addition, Moving Defendants move to strike all references to "organized crime" in the indictment and move to inspect jury lists. Defendant Vallario also moves to compel the government to provide him with a bill of particulars and to sever the charges against him from those against his co-defendants. The Court denies the motions with the exception of the motion to inspect jury selection materials, which the Court grants in part and denies in part. (Signed by Judge Richard C. Casey on 1/5/04)(ph, ) (Entered: 01/07/2004)
                                                                                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 95 Filed: 12/9/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                          REPLY MEMORANDUM OF LAW in Support as to Peter Gotti re: 72 Motion to to sever defendant Peter Gotti from his co-defendants, and to produce all Brady/Giglio materials not later than two months before trial, including all such materials which may exist with respect to witnesses that the Government has interviewed but does not inted to call at trial, and to compel the Government to nofity the defense not later than February 1, 2004, of its intent to introduce prior bad act and/or uncharged misconduct evidence, and to compel the Government to notify the defense not later than February 1, 2004 of its intent to utilize expert witness testimony and to produce to the defense the identities of suchexperts, summaries of their anticipated testimony, and to compel the Governmentto produce its intended witness list two months before trial, and to compel theGovernment to disclose a list of individuals it construes as co-conspirators of Mr. Gotti two months before trial, and to compel the Government to specificallyidentify all audio or video tape recordings it intends to introduce at trial not later than February 1, 2004, and Granting early production of 3500 materials, and allowing joinder in the co-defendant's motions, to the extent that they do not conflict with the arguments set forth herein, and filing of additional motions as may be required by newly discovered or available evidence, and for leave to file such other relief as if necessary and proper. Certificate of Service attached. (ph, ) (Entered: 12/10/2003)
                                                                                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 92 Filed: 12/2/2003, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                            ENDORSED LETTER as to Peter Gotti, addressed to Judge Casey, from Michael G. McGovern/Joon H. Kim, AUSAs, dated 11/24/03, re: a request. Enclosed is a courtesy copy of the Government's Memorandum of Law in Opposition to Defendants' Second Round of Pretrial Motions, along with a computer diskette containing the Memorandum of Law in WordPerfect format. Because the Memorandum of Law responds to motions made by five defendants and more than 100 pages of briefing, it exceeds the 25-page limit set by the Court's Individual Rule 2C. Accordingly, the Government seeks leave to file this over-sized Memorandum of Law. SO ORDERED. (Signed by Judge Richard C. Casey on 12/1/03)(ja, ) (Entered: 12/05/2003)
                                                                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 91 Filed: 11/25/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                              MEMORANDUM in Opposition by USA as to Frank Fappiano, Edward Garafola, John Matera, Thomas Carbonaro, Peter Gotti, re: defendants second round of pretrial motions....the Moving defendants seek the following relief: 1) defendants Gotti, Carbonaro, and Matera each move for a severance, asking that they be tried separately from any of their co-defendants; 2) Matera moves to dismiss all charges against him for lack of venue; 3) Matera moves to dismiss Count Six, alleging that the statute charged -- Title 18, U.S.C., Section 1512 -- is unconstitutional; 4) Matera moves to dismiss Count Three for failure to allege an overt act; 5) Carbanaro moves to dismiss Racketeering Act Fourteen of Count One as barred by the Double Jeopardy Clause of the Fifth Amendment; 6) Fappiano moves to dismiss the Indictment for alleged prosecutorial misconduct, including pre-indictment delay; and 7) the Moving defendants seek a variety of additional discovery and pretrial disclosures. For the reasons set forth, the Moving defendants' various motions are meritless and should be denied in their entirety.(ja, ) (Entered: 12/03/2003)
                                                                                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 88 Filed: 11/17/2003, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                ORDER as to Peter Gotti, the United States of America ("the Government") has submitted for the Court's in camera review two Federal Bureau of Investigation reports of interviews conducted in 1991 and 1993; the Court has considered the reports and the legal standard set forth in Brady v. Maryland, 373 U.S. 83 (1963), and its progeny; the Court proceeding out of an abundance of caution and in the interests of ensuring defendants a fair trial; IT IS ORDERED that the Government disclose to defendants in this case both reports. SO ORDERED. ( Signed by Judge Richard C. Casey ); (ja) (Entered: 11/18/2003)
                                                                                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 87 Filed: 11/18/2003, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                  TRANSCRIPT of record of proceedings as to Louis Vallario, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti for dates of September 12, 2003, before Judge Richard C. Casey . (dt) (Entered: 11/18/2003)
                                                                                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 85 Filed: 11/18/2003, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                    TRANSCRIPT of record of proceedings as to Louis Vallario, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti for dates of September 12, 2003, before Judge Richard C. Casey . (dt) (Entered: 11/18/2003)
                                                                                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                                                                                      Sealed Legal Document 84 Filed: 11/17/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                      SEALED DOCUMENT as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti (kre) (Entered: 11/17/2003)
                                                                                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                                                                                        Sealed Legal Document 83 Filed: 11/13/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                        SEALED DOCUMENT as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti (wv) (Entered: 11/13/2003)
                                                                                                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                                                                                                          Sealed Legal Document 80 Filed: 11/7/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                          SEALED DOCUMENT as to Peter Gotti (wv) (Entered: 11/07/2003)
                                                                                                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                                                                                                            Sealed Legal Document 79 Filed: 11/7/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                            SEALED DOCUMENT as to Peter Gotti (wv) (Entered: 11/07/2003)
                                                                                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 77 Filed: 11/5/2003, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                              TRANSCRIPT of record of proceedings as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti for dates of 7/25/03, before Judge Richard C. Casey . (df) (Entered: 11/05/2003)
                                                                                                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 72 Filed: 10/24/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                MOTION by Peter Gotti to sever defendant Peter Gotti from his co-defendants , and to produce all Brady/Giglio materials not later than two months before trial, including all such materials which may exist with respect to witnesses that the Government has interviewed but does not inted to call at trial , and to compel the Government to nofity the defense not later than February 1, 2004, of its intent to introduce prior bad act and/or uncharged misconduct evidence , and to compel the Government to notify the defense not later than February 1, 2004 of its intent to utilize expert witness testimony and to produce to the defense the identities of such experts, summaries of their anticipated testimony , and to compel the Government to produce its intended witness list two months before trial , and to compel the Government to disclose a list of individuals it construes as co-conspirators of Mr. Gotti two months before trial , and to compel the Government to specifically identify all audio or video tape recordings it intends to introduce at trial not later than February 1, 2004 , and Granting early production of 3500 materials , and Allowing joinder in the co-defendant's motions, to the extent that they do not conflict with the arguments set forth herein, and filing of additional motions as may be required by newly discovered or available evidence , and for leave to file such other relief as if necessary and proper Return Date not specified. Certificate of Service attached. (jw) (Entered: 10/27/2003)
                                                                                                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 70 Filed: 10/8/2003, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                  TRANSCRIPT of record of proceedings as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti for dates of 8/20/03, before Judge Richard C. Casey . (df) (Entered: 10/20/2003)
                                                                                                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                    Sealed Legal Document 68 Filed: 10/8/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                    SEALED DOCUMENT as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti (wv) (Entered: 10/08/2003)
                                                                                                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                      Sealed Legal Document 67 Filed: 10/7/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                      SEALED DOCUMENT as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti (wv) (Entered: 10/07/2003)
                                                                                                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                        Sealed Legal Document 66 Filed: 10/2/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                        SEALED DOCUMENT as to Peter Gotti (wv) (Entered: 10/02/2003)
                                                                                                                                                                                                                                                                                                          Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                          Sealed Legal Document 65 Filed: 10/1/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                          SEALED DOCUMENT as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti (wv) (Entered: 10/01/2003)
                                                                                                                                                                                                                                                                                                            Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                            Sealed Legal Document 61 Filed: 9/12/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                            SEALED DOCUMENT as to Louis Vallario, Michael DiLeonardo, Frank Fappiano, Edward Garafola, Thomas Carbonaro, John Matera, Peter Gotti (js) (Entered: 09/12/2003)
                                                                                                                                                                                                                                                                                                              Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 60 Filed: 9/8/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                              NOTICE of Appearance for Peter Gotti by Attorney Joseph A. Bondy (jw) (Entered: 09/09/2003)
                                                                                                                                                                                                                                                                                                                Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 59 Filed: 9/8/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                NOTICE of Appearance for Peter Gotti by Attorney Joseph DiBenedetto (jw) (Entered: 09/09/2003)
                                                                                                                                                                                                                                                                                                                  Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 57 Filed: 8/18/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                  Arrest warrant issued as to Peter Gotti (ja) (Entered: 08/26/2003)
                                                                                                                                                                                                                                                                                                                    Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 56 Filed: 8/18/2003, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                    (S4) SUPERSEDING INDICTMENT as to Louis Vallario (1) count(s) 1sss, 2sss, Frank Fappiano (3) count(s) 1sss, 2sss, 8sss, Edward Garafola (4) count(s) 1sss, 2sss, 5sss, 8sss, Thomas Carbonaro (5) count(s) 1ss, 2ss, 3ss, 4ss, 6ss, 7ss, 8ss, John Matera (6) count(s) 3ss, 4ss, 6ss, 7ss , Peter Gotti (7) count(s) 1, 2, 5, 8 (ja) (Entered: 08/26/2003)
                                                                                                                                                                                                                                                                                                                      Request RequestSpace LREF

                                                                                                                                                                                                                                                                                                                      Statistics

                                                                                                                                                                                                                                                                                                                      This case has been viewed 23 times.

                                                                                                                                                                                                                                                                                                                      No comments have been added yet. Sign in to post a comment.
                                                                                                                                                                                                                                                                                                                      Space
                                                                                                                                                                                                                                                                                                                      Issues Laws Cases Pro Articles Firms Entities
                                                                                                                                                                                                                                                                                                                      Issues Laws Cases Pro Articles Firms Entities
                                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                                      PlainSite
                                                                                                                                                                                                                                                                                                                      Sign Up
                                                                                                                                                                                                                                                                                                                      Need Password Help?