Did mob killer threaten prosecutor?
FAMILY SECRETS TRIAL | Juror said he heard Calabrese call lawyer a 'dead man'
In an unusual move, the federal judge in the Family Secrets mob case decided Tuesday to call back a juror in the case -- more than five months after the trial ended -- to question him about an alleged threat he says convicted mob killer Frank Calabrese Sr. made during closing arguments.
The juror, who has never been publicly identified, met with prosecutors after the case ended to tell them that Calabrese Sr. told prosecutor T. Markus 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, according to court records.
Calabrese's attorney, Joseph Lopez, has denied his client made the threat, noting no one else came forward to say they saw or heard it.
Defense attorneys want to know what the juror saw, who he discussed it with and whether it means their clients should get new trials.
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.
Rick Halprin, Lombardo's attorney, praised the judge's ruling, saying he looked forward to hearing the evidence.
Lopez said the hearing could be only a first step.
"This is a fresh beginning for a new day for my client," he said.
A spokesman for the U.S. Attorney's office, which opposed questioning the juror, declined to comment.