Murder Suspects Having Their Heads Examined

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

Two Bonanno soldiers charged with different murders in the same indictment are also having their heads examined – for different reasons. The analyses are ongoing as the feds prepare to put them and five other wiseguys on trial for a half-dozen mob hits and a host of other racketeering charges.


The problem for Baldassare “Baldo” Amato, who allegedly took part 25 years ago in the storied execution of cigar-chomping Carmine “Lilo” Galante but was never charged, is that he suffers from sleep apnea and a potpourri of other ailments, according to court papers filed in Brooklyn Federal Court.


Bonanno wiseguy John Palazzolo also needs a shrink – to make sure he knew what he was doing when he rejected free legal advice – a judge ruled recently.


In Amato’s case, he has allegedly suffered from sleep disorder, memory loss, dizziness, and loss of smell. The jailed gangster says the problems pose a “substantial danger” to his health, and might even cause his death if he were to stand trial.


Amato, 53, is charged with the March 17, 1992, murder of Ridgewood, Queens, restaurant owner Sebastian DiFalco and the May 5, 1992, slaying of a former New York Post delivery superintendent, Robert Perrino.


His extensive medical problems began five years ago while he was serving 70 months for a series of racketeering charges piled up from Ridgewood to Albany, where Amato stored a small arsenal of weapons on property he owned, according to court records.


In 2000, Amato complained to prison officials about “a medical problem which he did not understand and which he believed had impaired his short term memory,” lawyer Michael Hueston writes in court papers. (Gang Land checked with the Bureau of Prisons, and at no time was Amato housed with the mob’s ultimate medical malingerer, legendary Mafia boss Vincent “Chin” Gigante.)


In August 2003, Mr. Hueston wrote, a doctor hired by Amato’s family “concluded that it was highly likely that Mr. Amato has obstructive sleep apnea,” and listed serious medical consequences including “hypertension and increased risk of heart attack and stroke.”


After several stops and starts by prison officials in Pennsylvania and New York, Amato, whose prior racketeering sentence ended last July but who is being detained without bail on the pending murder charges, was finally examined by a neurologist on October 28.


A Brooklyn federal judge, Nicholas Garaufis, ordered the tests to determine whether Amato has a mental disease or defect that would prevent him from going to trial. Earlier this month, Judge Garaufis instructed Bureau of Prisons officials to furnish the results of the neurological exam to Mr. Hueston and the prosecutors in the case by March 7.


***


While the reasons behind Amato’s neurological testing may be a bit unusual, Palazzolo was ordered to undergo psychological evaluation simply because Judge Garaufis wanted to be sure the veteran gangster knows what he’s doing.


Palazzolo, 67, who is charged with the May 29, 1991, murder of mobster Russell Mauro, was in court two weeks ago for a routine hearing regarding a potential conflict of interest that arose for his attorney, Flora Edwards, when her former client, Bonanno boss Joseph Massino, began to cooperate with the feds.


If Massino were to testify for the government, Judge Garaufis explained, Palazzolo would have been at an extreme disadvantage because Ms. Edwards still owed loyalties to Massino. This meant she could not use any helpful information she had obtained from Massino, and would essentially be prevented from cross-examining Massino.


With the ever-growing number of mob turncoats in recent years, potential conflicts have become common occurrences in organized crime cases. Defendants in similar situations discuss the possible pitfalls confidentially with court-appointed lawyers and then make a more reasoned determination to either retain a new attorney or waive any potential conflict of interest and proceed with the lawyer in question.


Palazzolo was having none of that.


After Judge Garaufis listed numerous pitfalls of continuing to retain Ms. Edwards, Palazzolo stated that he understood them, but wanted to waive any potential conflict and proceed with Ms. Edwards without discussing the matter confidentially with another lawyer the judge offered to appoint “free of charge.”


Prosecutor Greg Andres, obviously concerned that a conviction might later be overturned because Palazzolo had not consulted an attorney, suggested an adjournment to enable all parties to research whether the defendant’s waiver would pass legal muster.


“I think there’s nothing else we could do today,” Mr. Andres said.


“I know what I am going to do today,” Judge Garaufis said. “I’m directing the defendant receive a psychological evaluation to determine whether he’s competent to waive anything. We’ll start with that. I’m also going to appoint a guardian ad Litem for the defendant who will review the results of that to determine whether the defendant is capable of understanding what I’m asking him or whether he’s under some duress.”


***


Meanwhile, examinations of their heads aside, lawyers for Amato and Palazzolo contend that the two should not be tried together and lumped in the same trial with associate Anthony Basile and soldiers Joseph “Joe Desi” DeSimone, Generoso “Jimmy The General” Barbieri, Peter “Petey Boxcars” Cosoleto, and Michael “Mickey Bats” Cardello.


Putting aside all the individual motions for relief that lawyers for all seven defendants have made, no one wants to be tried with Mickey Bats Cardello, 63, a onetime captain who moved to Corpus Christi, Texas, in 1997 after his release from federal prison.


His co-defendants do not object to Cardello’s relocation to the Lone Star State, but claim they’ll be unduly prejudiced by his presence at the defense table because he’s charged with three murders, more than any of his co-defendants.


Prosecutors Mitra Hormozi, Nicolas Bourtin, and Mr. Andres say all seven men are partners in crime and should be tried together, noting that Cardello is charged in the Mauro murder with four others – Palazzolo, DeSimone, Barbieri, and Cosoleto – and in the Perrino murder with Amato and Basile.


In the third murder for which Cardello is charged, his alleged accomplices – capos Anthony “Tony Green” Urso and Joseph “Joe Saunders” Cammarano and soldier Louis Restivo – all took plea deals. Urso, 68, will receive 20 years in prison; Cammarano, 70, will take 15, and Restivo, 70, will get 10 years.


Among other things, Urso’s lawyer, Edward Jenks, told Gang Land, Massino’s decision to cooperate was a major factor in his client’s decision, even though the so-called Last Don has not yet signed a cooperation agreement and is technically awaiting trial for a murder for which the government is seeking his execution.


“No question about it,” Mr. Jenks said. “With Massino in the mix, it really became an overwhelming case.”



This column and other news of organized crime will appear later on www.ganglandnews.com.


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

By continuing you agree to our Privacy Policy and Terms of Use