U.S. v. Resek, 602 F. Supp. In a conversation in early 1984 between Cafaro and one "Pete," Cafaro states that he told Frankie Salerno to "get a hold of this kid [that owes him money] and bring him to me.

In another murder conspiracy, one Milton Parness requested permission of Salerno to kill Anthony Giordano, a debtor to Parness' extortion operations. Detention, which is regulatory, in order to keep a criminal from flight, is not impermissible pre-trial punishment. I'll knock his f_____g brains in."

The cumulative nature of the proffered testimony of Salerno's role in murder conspiracies, the taped evidence of Salerno's willingness to kill Giordano, and the taped evidence of Salerno's role as "Boss" of the enterprise establish by clear and convincing evidence that Salerno is a danger to the community. He argued that the tapes revealed at most "tough talk" and that the government had offered no proof that the violent acts discussed by Cafaro were actually carried out.

Id. In fact, the proposed conditions closely parallel those found clearly erroneous in United States v. Colombo, supra. Respondent, Salerno, in connection with his ties to la cosa nostra, was arrested on charges of various RICO violations. Dr. Laragh's stated: "Since he has been under our care, we have simplified his medical regimen and accomplished much better blood pressure control." Later, Cafaro reports to Salerno: "So, if you hear that he wants to see you about the stores, that they broke them up or whatever they did, I told them, Go ahead do what youse want, and I said, but leave him alone, I don't want him to get...." Later, Cafaro says: "We ain't going to f__k around with him, we just going to break up any store he puts 9 to 1, we are going to break him up." On the record of this case, the court finds that these interests outweigh any prejudice claimed by Salerno in not being able to directly impeach Fratianno and Lonardo. It determined that the Bail Reform Act of 1984, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community, was constitutional.

When business as usual involves threats, beatings, and murder, the present danger such people pose to the community is self-evident.

The "contract" was not carried out when Ullo got wind of the plan in California and was himself able to kill the hitman.

LEXIS 13674, 34 Fed.

The government has established by clear and convincing evidence that Cafaro was actually conducting the business of the enterprise and that he did so by directing others to commit violent acts. T. 24-29. Lonardo will also testify that two individuals, John Nardi and Danny Green in the Cleveland LCN were killed in 1977. Thus, the government has, by clear and convincing proof, demonstrated that Cafaro has directed violent acts and is ready, willing and able to direct violent acts in the future. The government concedes that neither defendant poses a risk of flight but urges strenuously that no condition of bail or combination of conditions will assure the safety of the community or of any person and that therefore pretrial detention is mandated under 18 U.S.C. T. 13-15.

section 3142(e). Since he was not indicted in the "Commission" case, the government could not have sought detention earlier as to Cafaro. Salerno offers several arguments in favor of his release. The activities of a criminal organization such as the Genovese Family do not cease with the arrest of its principals and their release on even the most stringent of bail conditions.

The trial at which Fratianno testified resulted in the conviction of Tieri. May 26, 1987. The illegal businesses, in place for many years, require constant attention and protection, or they will fail. In a conversation in April 1984, Cafaro reports to Salerno about one "Bobby" controlled by "Buddy" who has opened up a numbers store across the street from one of theirs. R. Evid. Racketeer Influenced and Corrupt Organizations Act, List of United States Supreme Court cases, volume 481, List of United States Supreme Court cases, Lists of United States Supreme Court cases by volume, List of United States Supreme Court cases by the Rehnquist Court, "Danger and Detention: A Second Generation of Bail Reform", "Eighth Amendment: Pretrial Detention: What Will Become of the Innocent? He later tells his son that he better tell Crazy Tom that this fellow better not come by the club because he would then have to get Crazy Tom to "break the f_____g kid's head." Moreover, the government proffered that one such witness, John Squitieri was a "day-to-day participant in the gambling operation" of the enterprise. Given the Bail Reform Act's legitimate and compelling regulatory purpose and the procedural protections that it offers, Rehnquist, joined by White, Blackmun, Powell, O'Connor, Scalia, This page was last edited on 13 July 2019, at 02:52. He contends that the government should be precluded from moving for detention now because it failed to move for detention then. Cafaro tells Salerno that they said that "They don't believe that the store across the street belongs to us, that I should go see Buddy." The indictment charges that Anthony Salerno is the present "Boss" of the Genovese Family and has served in the past as its "Acting Boss" and "Consigliere" and that Vincent Cafaro is a "Capo" in the Genovese Family. Fine, I got up and I said, `come on, get out.' Cafaro proffered no evidentiary material. Further, Salerno is not named in any specific murder conspiracy in the "Commission" indictment. The key point is that under these conditions, Salerno, like Colombo, is not prevented from doing the very thing that makes him a danger to the community: running his organized criminal enterprise.

Nor is it claimed that his condition cannot be treated during detention.

Dissent. Cafaro states "I was going to give him a f_____g beating like when Richie was here. Respondent, Salerno, in connection with his ties to la cosa nostra, was arrested on charges of various RICO violations.

I'm the f_____g boss." Later in the conversation, Cafaro, referring to the debt, says that to collect the money he should tell him "I will break your f_____g *1369 ass. There was a vote taken and, Fratianno testified that "Gigante said `I vote to hit,' Tieri said `Hit,' Salerno said `Hit,' and it went around the table in a unanimous fashion." But no such impediment exists under this indictment where the government has moved for detention at the defendant's first appearance. In an intercept in February, 1984, Vincent Cafaro, his son Thomas Cafaro, and a third individual are overheard discussing an Uzi machine gun in their possession at 2244 First Avenue.

Accordingly, the government has established by clear and convincing proof that pretrial detention of Salerno is appropriate in this case.

Thus, after carefully considering all the factors enumerated in 18 U.S.C.

In holding the order of releasing Colombo on the specified bail conditions to be "clearly erroneous," the Court of Appeals stated: Colombo also held that consideration of the length of detention due to the probable delay in bringing the case to trial was inappropriate at the pretrial detention hearing since it remained a speculative matter and the Speedy Trial Act, 18 U.S.C. These kids here, these Cuban kids I got around me, they are good kids. (Callaghan) 1 (2d Cir.

"Break it up and put locks on the door, and whoever is in there, knock their f_____g brains out." 2d 141 (1982), in upholding the constitutionality of a statute similar to the Bail Reform Act, that court stated: While the defendant at a pretrial hearing may cross-examine witnesses who do testify, such cross-examination may be limited to prevent premature discovery, protect witnesses' lives or protect ongoing investigations. He could also attend to business outside his residence with the permission of the Agency, but he would be prohibited from visiting his residence at 115th Street. United States v. Salerno, 481 U.S. 739 (1987), was a United States Supreme Court decision. Salerno made no proffer, however, that the factual account by either witness would contradict the government's proffer. The government has moved pursuant to the Bail Reform Act of 1984, 18 U.S.C. At a pretrial detention hearing, many of the rights a defendant enjoys at a criminal trial are absent. Media. Salerno did proffer that if cross-examined, both witnesses were impeachable based upon their prior bad acts and their "deals with the government." LEXIS 13674, 34 Fed. Upset at this unauthorized use of his name, Cafaro tells the man to tell the phone caller: "Just say: `Fish' said if you ever mention this name again or this guy's name again, he is going to come over here personally and break your f_____g legs." ), at 10-11.

*1375 The government, therefore, has met its burden of persuasion by clear and convincing evidence that no conditions of Cafaro's release would assure the safety of the community or of any person. section 3142(f) continuances.

When Thomas Cafaro states that Crazy Tom started yelling at the kid, Vincent Cafaro interjected "Why didn't he give him a f_____g beating?" Chief Judge Weinstein concurred with the magistrate's conclusion that the government had failed to establish by clear and convincing evidence that detention was necessary. Such a presumption shifts to the defendant the limited burden of production and not the burden of persuasion. Such conditions of release would at most assure Cafaro's presence at trial. In January 1984, Cafaro's son Thomas explains to his father that an associate, "Crazy Tom", was asking another person for $2,500 owed to him. Salerno argued that 18 U.S.C. I used them against the Jews the way I used Blood [an enforcer for the Genovese gambling operation] against the niggers. N.Y. June 28, 1991) Brief Fact Summary.

Challengers who bring a facial challenge to a statute claim the statute is 'void on its face' and should be declared unconstitutional.

The government proffered that Fratianno would testify, as he had in a previous trial, that in 1976 he attended a meeting in a back room of a store in which members of Genovese Family including Salerno were present. Both defendants moved for a 5-day continuance as provided in 18 U.S.C. On the basis of the government's proffer, the magistrate ordered Colombo's detention. Given the clandestine nature of such organized criminal activity, the fact that many people are unaware of Salerno's behavior and role in the enterprise and thus can be expected to testify as to his lack of dangerousness is neither surprising nor useful to the court in *1374 deciding this application.

Lonardo at the time was the head of the Cleveland LCN family that reported to the Genovese Family in New York and Tronolone was its *1368 "consigliere" who, in effect reported to two bosses, Salerno and Lonardo. Citation 481 US 739 (1987) Argued. You understand when there is a beef with a nigger, don't worry, Frankie, I'll handle it." Salerno's proffer of witnesses to testify to his lack of dangerousness to the community is of marginal utility to the court.

I am going to stay there." United States District Court, S.D. at 100-101. ", https://en.wikipedia.org/w/index.php?title=United_States_v._Salerno&oldid=906023259, United States Supreme Court cases of the Rehnquist Court, United States substantive due process case law, Creative Commons Attribution-ShareAlike License.

T. 31-32.

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