Mafia Boss Playing Lawyer

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

When it comes to Carmine and Alphonse Persico – the official and the acting bosses of the Colombo family, respectively – the apple didn’t fall far from the tree.


Three decades ago, Alphonse dropped out of college and gave up his childhood ambition of becoming a lawyer to emulate his father Carmine and become a gangster.


After following his old man to the heights of the Colombo mob, Alphonse may soon realize his boyhood dream of practicing law. He would do so by serving as his own attorney in an effort to beat new federal murder charges that could mean life in prison – or worse – for him.


In 1986, Carmine, who had already been convicted of racketeering and was looking at 39 years in prison, acted as his own lawyer during the historic Commission trial at which leaders of all five mob families were charged with extortion, murder, and other crimes as part of the same racketeering conspiracy.


“At the beginning of the case, I told you I’m not a lawyer, and I guess you found that was true,” the elder Persico, now 71, told the jurors in his summation, labeling the case against him as a “bus tour” through “tinsel town” with “no direct evidence.”


For more than a year now, Alphonse, who was charged last week with the 1999 murder of under boss William “Wild Bill” Cutolo, has spoken about defending himself if he were charged with Cutolo’s rubout, according to sources close to the case. Alphonse was officially tabbed as the architect behind the killing of Cutolo five months after Cutolo disappeared on May 26, 1999. His body has never been found.


Like his father, Alphonse, 50, has always played an integral role in his defense. In 1994, for example, after he was acquitted of racketeering charges stemming from the bloody Colombo war, trial lawyer Barry Levin said Persico had been “instrumental in preparing his own defense,” adding: “He worked as hard as any lawyer I have ever worked with. We were a team.”


Times change, though. Sometimes teammates split up.


With Persico and Mr. Levin, the breakup stems from a controversial plea deal in December 2001 when Persico pleaded guilty to racketeering, admitted being a high-ranked member of the Colombo family, and accepted a 13-year sentence. At the time, Persico was detained without bail. When he returned to the Metropolitan Detention Center from court, word of the plea deal had already reached the MDC and he was razzed by one wise guy about violating his oath of silence by admitting the existence of the Mafia in court.


Persico, who had taken some pre-law school courses as St. John’s University, denied it. “No,” he replied, “just some legal mumbo jumbo.”


Later, when he learned that the feds had decided that turncoat William Cutolo Jr. was unstable and not to call him as a witness, Persico tried to take back his plea. The request was denied, and he was sent to federal prison in Fairton, N.J.


This year, he fired Mr. Levin, who had represented him since the early 1990s, and in court papers, his new attorney, Dale Smith, claims that the plea deal should be rescinded because Mr. Levin provided Persico “ineffective assistance of counsel” in allowing him to take the plea.


Even if they could iron out their differences, the “ineffective assistance” charge would likely prevent the lawyer from defending Persico again, even if he wanted to. Also working against a reunion, sources say, is that Mr. Levin testified before the grand jury that indicted Persico, providing him an alibi for the Wednesday afternoon of May 26, 1999, when Cutolo disappeared and was allegedly killed on Persico’s orders.


According to the indictment, Persico and Cutolo’s successor as underboss, John “Jackie” DeRoss, ordered the slaying – under the statute, they could be executed – and later coerced and intimidated Cutolo’s son, wife, and sister-in-law to obstruct the grand jury’s probe into the killing.


Sources say former Colombo associate Giovanni “John The Barber” Floridia, who was convicted last May of the attempted murder in 2001 of longtime Cutolo ally Joseph “Joe Campy” Campanella, will be a key witness about the Cutolo hit for prosecutors Thomas Seigel and Nicolas Bourtin.


Floridia “had nothing to do with it, but he got an earful about it from DeRoss,” said a source close to the case, explaining that after Floridia was convicted and jailed in May, he was housed with DeRoss at the MDC. Sources said Floridia began cooperating two months ago.


Meanwhile, as authorities arrange for Persico to return to Brooklyn next week to face the music for the Cutolo slaying, Mr. Smith told Gang Land that his client has no current intention of representing himself.


“That may have been before I came into the case, but not since I came on,” said Mr. Smith. “I can’t imagine anyone wanting to represent himself if they have me as a lawyer. My skills are tremendous.”


Despite his prior lawyer’s praise of his legal talents, Persico might want to take a closer look at the results of his father’s efforts as a barrister before following through on his idea to represent himself. While his father’s efforts were no less effective than lawyers who represented his co-defendants – all were convicted and seven, including Persico, received 100-year prison terms – many mob colleagues, including Cutolo, didn’t see anything funny, or righteous, about the Colombo boss’s antics.


Citing his efforts as against Mafia rules, they sought to get him deposed by the Commission, and when that failed, they began a bloody mob war that cost the lives of 10 members and associates and sent many survivors to federal prison for the rest of their lives.


***


In his lawyer role, Carmine Persico, using an engaging smile, self-deprecating humor, quick wit, and excellent timing, often had the entire the courtroom – including the judge – in uproarious laughter.


In one exchange, after a key witness against him, Fred DeChristopher, denied accusations of criminal activities, he tried to turn the tables on Persico, asking bitterly, “Wouldn’t you like to see me down the sewer, altogether?” “I don’t think the judge would permit me to answer that question,” Persico responded with a smile, evoking laughter among the jury and spectators.


“I know what your answer would be,” stammered DeChristopher.


“I wish I could tell you,” Persico retorted, to more laughter.


The New York Sun

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