‘Mafia Cop’ Lawyer Defends Strategy That Resulted in a Life Sentence

A criminal defense lawyer coming off a trial loss often sulks, reflects, and perhaps files an appeal. Being forced to defend a failed legal strategy in sworn testimony is not part of the usual post-trial wind-down. Bruce Cutler did just that yesterday.Mr. Cutler, who won fame representing the mobster John Gotti two decades ago, spent more than an hour fending off criticism that he provided shoddy counsel to “Mafia Cop” Louis Eppolito.Eppolito and a former partner, Stephen Caracappa, once highly regarded ex-NYPD detectives, received life sentences earlier this month for their roles in eight mob murders.Following the April verdict, Judge Jack Weinstein ordered an unusual hearing to determine whether Mr. Cutler and the attorney for Caracappa, Edward Hayes, adequately represented them. On Friday, Eppolito testified that although he paid Mr. Cutler $250,000, his attorney ignored him completely at times and refused to let him testify.Yesterday, Mr. Cutler mounted a robust defense on his own behalf, eliciting approval from Judge Weinstein, who said Eppolito’s “immorality” reduced the credibility of his criticism of his lawyer. Judge Weinstein did not rule yesterday on whether to dismiss Eppolito and Caracappa’s request for a new trial.The testimony provided a glimpse into the fierce relationship – full of bullying and nagging – that developed between Eppolito and Mr. Cutler.Mr. Cutler, who during the trial had devoted his lungs to attacking the credibility of government cooperators, was less bombastic yesterday on the other side of the witness stand. Eppolito’s new attorney, Joseph Bondy, sought to show that Mr. Cutler ignored Eppolito’s directives and failed to properly research the prior testimony of witnesses and pursue leads that might show different police officers, other than the convicted, were guilty of passing on police information to the Luchese crime family. Accused of ignoring Eppolito during court recesses, Mr. Cutler responded that during trials every thing, including the feelings of a client, takes a backseat to the job at hand.“On trial I don’t play footsie,” Mr. Cutler said. “Things were alright with Lou, but I sensed I couldn’t console him or hold his hand. It’s not in my nature to do that, and I think he needed that.”Mr. Cutler said he could not recall whether he spoke with Eppolito about putting him on the witness stand. After suggesting that Eppolito was given to making blustery and racist statements, he did say: “If Lou had wanted to testify, I would have tackled him to prevent him. I don’t mean that literally.”Mr. Cutler repeated the central piece of advice he gave his client before the trial began. “I said, ‘Lou, one of the most important things to me is that you comport yourself like a man. You dress properly. You shave that goatee.'”The drama soared after lunch, when Judge Weinstein announced he would sign an arrest warrant for Mr. Hayes, Caracappa’s trial lawyer, if he did not appear in court by 3:15 p.m. to respond to questions from Mr. Bondy.Mr. Hayes, a lifelong friend of Mr. Cutler and the model for a character in “Bonfire of the Vanities,” arrived 22 minutes late. While the judge waited, Mr. Bondy read a passage from Mr. Hayes’s memoirs in which the attorney writes about traveling in the same social circles as Police Commissioner Raymond Kelly. Mr. Bondy sought to convince Judge Weinstein that Mr. Hayes was too cozy with police brass to effectively represent Caracappa.Judge Weinstein used the down time to offer his own reflections on the job of criminal defense attorneys. Noting that many defense attorneys began their jobs as prosecutors Messrs. Cutler and Hayes each did – the judge said, “It’s in the very nature of the legal profession to circulate among private and public entities.”Mr. Hayes avoided, by minutes, Judge Weinstein’s review of his memoirs.To Mr. Bondy, Judge Weinstein said, “I’m delighted that you filled the waiting time with a reading.” But, he added, referring to the memoir: “It’s puffery. These books are written so the writers can claim high legal fees.”

‘Mafia Cop’ Lawyer Defends Strategy That Resulted in a Life Sentence

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