Hearing ordered on threat in mob case
In an unusual move, the federal judge in the Family Secrets mob case decided today to call back a juror in the case, more than five months after the trial ended, to question him about a threat that he says he saw defendants Frank Calabrese Sr., a convicted mob killer, make during closing arguments.
The juror, who has never been publicly identified, met with prosecutors after the case ended to tell them that, during prosecutor T. Markus Funk’s closing argument, he heard Calabrese Sr. tell Funk, “You’re a f------ dead man.”
The juror apparently discussed the threat with several other jurors, who agreed they saw Calabrese make the threat.
Calabrese’s attorney has denied his client made the threat. No one else has come forward to say they saw or heard a threat.
Defense attorneys want to know what the juror saw, who he discussed it with and whether it means their clients should get a new trial.
Some defense attorneys wanted all the jurors questioned on the matter, but U.S. District Judge James Zagel decided he would hold a hearing only to question the juror who met with prosecutors.
“The purpose of the hearing will be to hear from the juror . . . in order to establish the details surrounding the alleged remark,” Zagel wrote in his decision.
The trial resulted in the convictions of five men, including mob boss James “Little Jimmy” Marcello, top mobster Joseph “Joey the Clown” Lombardo and Calabrese Sr.