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News and Features about Organized Crime, Mafia and La Cosa Nostra taken from National and Local News Sources. In an attempt to get you this type of coverage in a timely manner we can not be responsible for the content of the following material. |
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9-8-00 Lawyer defends right to defend. Santaguida rebuts government claims he has mob conflict. September 8, 2000
by Kitty Caparella Defense attorney Joseph Santaguida has asked a federal judge to dismiss government charges that could bar him from representing jailed mob underboss Steven Mazzone. Last month, federal prosecutors cited five conflicts of interest in trying to disqualify Santaguida from representing Mazzone, the mob's No. 2 man. In one allegation, the government cited an intercepted Aug. 22, 1995, telephone call in which onetime mob boss Ralph Natale boasted to Mazzone that he only made one phone call and a debt involving Santaguida and his son was resolved in a week. Santaguida disputed that account as "false." In a 22-page response filed last week, Santaguida submitted 12 pages of documents that showed he negotiated with real-estate mogul Michael Grasso on behalf of his son, Rocco Santaguida, for four months after Natale allegedly called Grasso to resolve the matter. "Mr. Grasso has no recollection of any attempt by Mr. Natale to collect a debt," Santaguida added. Natale is cooperating with the government. This conflict and four others, prosecutors have argued, could lead to an indictment, or at least put Santaguida's license to practice law in jeopardy. U.S. District Judge Herbert J. Hutton has not issued an opinion. Santaguida, however, challenged the government's facts and their view of specific incidents. Santaguida submitted copies of five documents that showed his September though December negotiations, regarding Rocco's disputed real-estate commissions, with Grasso. They included: A Sept. 13, 1995, memorandum to his file outlining Rocco's disputed commissions; an Oct. 9, 1995, counter-proposal to Grasso; Grasso's Oct. 17, 1995, response; a Nov. 22, 1995, counter-proposal from Santaguida, and a Dec. 7, 1995, general release signed by his son. Rocco Santaguida, a real-estate salesman, initially was seeking $104,171.19 in rental commissions from Grasso's firm, U.S. Realty, but settled for $45,712.73. "Perhaps, it is Mr. Natale who had sinister intentions; he obviously was not truthful." Santaguida admitted that he asked several friends, including attorney Nicholas Nastasi, to help him resolve the issue. "I don't know if Mr. Natale was present," he said. The government also charged that Santaguida, jailed mob boss Joey Merlino's longtime attorney, had "divided loyalties" and could not properly represent Mazzone. But Santaguida pointed out that Edwin Jacobs Jr. is Merlino's attorney of record, and Santaguida is representing Mazzone, who doesn't believe the government's allegations. Santaguida said no conflict existed between Merlino or Mazzone, because both deny committing any of the crimes alleged in the upcoming murder-racketeering trial. Mazzone's "choice of counsel is me and he is not willing to compromise this right," said Santaguida. Another issue was Santaguida's visit to jailed mobster Gaeton Scafidi, shortly before he agreed to cooperate. Santaguida said he visited Scafidi "after he asked me to do so." Before the visit, Santaguida said he called assistant U.S. Attorney Barry Gross because "I did not want to engage in potentially problematic behavior if Mr. Scafidi was cooperating." Gross did not state Scafidi was a government witness, and "spoke as if he did not care if I visited Mr. Scafidi," Santaguida said. Regarding a March 1997 joint birthday party for Natale and Merlino, Santaguida said he was a guest. To suggest that he could be a witness to those in attendance was "nonsensical," he said. The government knew through surveillance or other law enforcement techniques who attended.
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