Post by Anja Nieser on Sept 25, 2006 0:40:01 GMT -5
Limits Used in Terror Cases Are Imposed on a Mob Figure
Alberto R. Gonzales the United States attorney general, has imposed a set
of highly restrictive rules generally reserved for terror suspects on an
imprisoned mob figure who is under investigation for plotting to kill a
federal judge, a prosecutor and 3 Mafia turncoats, prosecutors disclosed
yesterday.
The move was the latest development in an increasingly bizarre case. The
mob figure in the case, Vincent Basciano, has contended that a list he
wrote naming the judge and the others was not part of a murder plot but an
effort to use a mystical religion to improve his chances at his
forthcoming trial, at which he could face the death penalty.
The disclosure that Mr. Gonzales had imposed the measures was made at a
hearing in United States District Court in Brooklyn. The judge in the
case, Nicholas G. Garaufis, who prosecutors have said was one of Mr.
Basciano's targets, also unsealed a transcript from an Aug. 28 hearing at
which the investigation and the list were discussed.
In July, Mr. Basciano provided the handwritten list to a fellow inmate at
the Metropolitan Correctional Center in Manhattan who, unknown to Mr.
Basciano, was cooperating with the authorities. Prosecutors have said Mr.
Basciano indicated to the inmate that he wanted the people on the list
killed.
The transcript of the Aug. 28 hearing provided additional details about
what Mr. Basciano, known as Vinny Gorgeous, has said was his effort to use
Santeria, a Caribbean religion, to influence the outcome of the trial.
One of Mr. Basciano's lawyers, James Kousouros, said at the August hearing
that the inmate approached Mr. Basciano and told him that his mother was a
Santeria "priestess."
The inmate "told Mr. Basciano to make a list of everybody involved, put it
in your right shoe, stamp 5 times every day during the trial and it will
help," Mr. Kousouros said. He did not explain why Mr. Basciano instead
gave the list to the inmate.
The restrictive rules, known as special administrative measures, severely
limit Mr. Basciano's phone and mail privileges, visits, contacts with
other inmates and communications with people other than his lawyers. It
also requires lawyers to sign affidavits saying they will not carry
messages from him to others.
The measures, which were developed in 1996, have been carried out about 40
times, all but about 15 times in terrorism cases, according to Jaclyn
Lesch, a Justice Department spokeswoman.
In one of the most high-profile cases, they were imposed on Sheik Omar
Abdel Rahman, a Muslim cleric serving a life sentence for planning to bomb
New York City landmarks. The sheik's lawyer, Lynne F. Stewart, was
convicted last year of aiding terrorism by smuggling messages from the
sheik to his followers, and of lying when she pledged to abide by the
special rules.
Ms. Lesch said they had been used in three other organized-crime cases but
was unable to name them. Only the attorney general can impose the rules.
At the hearing yesterday, John Buretta, an assistant United States
attorney, suggested that the measures were meant to prevent Mr. Basciano
from communicating what prosecutors believe are his ill intentions.
Mr. Kousouros asked the judge to hold a hearing with testimony from the
other inmate, who has not been identified. He also indicated that he might
seek to have the judge recuse himself.
Judge Garaufis said that before he could determine whether to hold a
hearing, Mr. Basciano's lawyers must consult with their client and decide
whether they will seek to have him removed from the case.
Mr. Basciano was convicted earlier this year of racketeering conspiracy,
but the jury deadlocked on a murder charge. He now faces a murder and
racketeering indictment that includes accusations that he plotted to kill
the prosecutor in the earlier case, Greg Andres. He is the prosecutor
named on the list, along with the judge and 3 Mafia turncoats.
(source: New York Times)
Alberto R. Gonzales the United States attorney general, has imposed a set
of highly restrictive rules generally reserved for terror suspects on an
imprisoned mob figure who is under investigation for plotting to kill a
federal judge, a prosecutor and 3 Mafia turncoats, prosecutors disclosed
yesterday.
The move was the latest development in an increasingly bizarre case. The
mob figure in the case, Vincent Basciano, has contended that a list he
wrote naming the judge and the others was not part of a murder plot but an
effort to use a mystical religion to improve his chances at his
forthcoming trial, at which he could face the death penalty.
The disclosure that Mr. Gonzales had imposed the measures was made at a
hearing in United States District Court in Brooklyn. The judge in the
case, Nicholas G. Garaufis, who prosecutors have said was one of Mr.
Basciano's targets, also unsealed a transcript from an Aug. 28 hearing at
which the investigation and the list were discussed.
In July, Mr. Basciano provided the handwritten list to a fellow inmate at
the Metropolitan Correctional Center in Manhattan who, unknown to Mr.
Basciano, was cooperating with the authorities. Prosecutors have said Mr.
Basciano indicated to the inmate that he wanted the people on the list
killed.
The transcript of the Aug. 28 hearing provided additional details about
what Mr. Basciano, known as Vinny Gorgeous, has said was his effort to use
Santeria, a Caribbean religion, to influence the outcome of the trial.
One of Mr. Basciano's lawyers, James Kousouros, said at the August hearing
that the inmate approached Mr. Basciano and told him that his mother was a
Santeria "priestess."
The inmate "told Mr. Basciano to make a list of everybody involved, put it
in your right shoe, stamp 5 times every day during the trial and it will
help," Mr. Kousouros said. He did not explain why Mr. Basciano instead
gave the list to the inmate.
The restrictive rules, known as special administrative measures, severely
limit Mr. Basciano's phone and mail privileges, visits, contacts with
other inmates and communications with people other than his lawyers. It
also requires lawyers to sign affidavits saying they will not carry
messages from him to others.
The measures, which were developed in 1996, have been carried out about 40
times, all but about 15 times in terrorism cases, according to Jaclyn
Lesch, a Justice Department spokeswoman.
In one of the most high-profile cases, they were imposed on Sheik Omar
Abdel Rahman, a Muslim cleric serving a life sentence for planning to bomb
New York City landmarks. The sheik's lawyer, Lynne F. Stewart, was
convicted last year of aiding terrorism by smuggling messages from the
sheik to his followers, and of lying when she pledged to abide by the
special rules.
Ms. Lesch said they had been used in three other organized-crime cases but
was unable to name them. Only the attorney general can impose the rules.
At the hearing yesterday, John Buretta, an assistant United States
attorney, suggested that the measures were meant to prevent Mr. Basciano
from communicating what prosecutors believe are his ill intentions.
Mr. Kousouros asked the judge to hold a hearing with testimony from the
other inmate, who has not been identified. He also indicated that he might
seek to have the judge recuse himself.
Judge Garaufis said that before he could determine whether to hold a
hearing, Mr. Basciano's lawyers must consult with their client and decide
whether they will seek to have him removed from the case.
Mr. Basciano was convicted earlier this year of racketeering conspiracy,
but the jury deadlocked on a murder charge. He now faces a murder and
racketeering indictment that includes accusations that he plotted to kill
the prosecutor in the earlier case, Greg Andres. He is the prosecutor
named on the list, along with the judge and 3 Mafia turncoats.
(source: New York Times)