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Thursday, September 18, 2008

Circuit Court Reinstates Convictions of Mob Cops

18cops_650The racketeering convictions of two retired New York City detectives who helped to kill at least eight men in their role as mob assassins were ordered reinstated on Wednesday by a federal appeals court. It ruled that a trial judge wrongly overturned the jury’s guilty verdicts two years ago.

The decision means that the two highly decorated detectives — Louis J. Eppolito and Stephen Caracappa — will now face sentencing for their convictions in one of the most spectacular cases of police corruption in city history.

The two men seem certain to spend the rest of their lives in prison. In 2006, after they were convicted of racketeering conspiracy, the trial judge, Jack B. Weinstein of United States District Court in Brooklyn, issued but did not officially impose life prison sentences for each man.

Then, saying the five-year statute of limitations for racketeering had run out, the judge overturned the convictions despite what he called “overwhelming evidence” that the two men were “heinous criminals” who were guilty of the “most despicable crimes of violence and treachery.”

But in a 70-page opinion released on Wednesday, a three-judge panel of the United States Court of Appeals for the Second Circuit, in Manhattan, concluded that Judge Weinstein’s view of the conspiracy was too narrow, and that it had continued to exist within five years of when the men were charged.

Although murders and other serious crimes that the men were accused of occurred in Brooklyn in the 1980s and 1990s, prosecutors used more recent and less serious charges — money laundering and narcotics distribution in Las Vegas in 2004 and 2005 — to bring the earlier acts under the umbrella of an ongoing criminal enterprise.

Judge Weinstein, in throwing out the men’s convictions, had found that the recent crimes were “singular, sporadic acts of criminality,” and could not be considered part of the earlier conspiracy, which included kidnapping, bribery and obstruction of justice. Because the older crimes dated back more than five years, the men, thus, could not be prosecuted for them.

“The government’s case against these defendants stretches federal racketeering and conspiracy law to the breaking point,” Judge Weinstein wrote.

Judge Weinstein had also decided that the earlier conspiracy ended when the two detectives retired and left the New York area and other co-conspirators were arrested.

But Judge Amalya L. Kearse, writing for the appellate panel, said Judge Weinstein’s views of the criminal enterprise were too restrictive, given the evidence presented at the trial.

Read full article here. [Brooks Holland]

http://lawprofessors.typepad.com/crimprof_blog/2008/09/circuit-court-r.html

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