Thursday, July 13th, 2006
My guess is that one way or the other the Mafia cops are going to the can.
For life.
Although the federal prosecutors put on a masterful RICO case against Louis Eppolito and Steven Caracappa, convicting them on 70 counts in a racketeering case involving eight mob murders, kidnappings, money laundering, bribery, betraying the badge, drug dealing and general felonious low-lifery, Judge Jack Weinstein warned from pretrial hearings on that the racketeering case was “thin.” That the statute of limitations aspect of the prosecution, trying to tie together Mafia contract murders in Brooklyn in the late 1980s and early 1990s to a drug-dealing conspiracy in Las Vegas in 2004 as a single ongoing criminal enterprise, was a “ticking time bomb.”
Bang!
On June 30, Weinstein’s warning blew up in the faces of the prosecutors like a pre-Fourth of July cherry bomb. But it hardly signaled Independence Day for Louis Eppolito and Steven Caracappa.
In the end, all the prosecutors managed to accomplish by having a jury return a 70-0 rout of a scattered and lame defense was to remove the word “alleged” from any future mention of the Mafia cops. Eppolito and Caracappa can now until the end of time be legally called murderers, kidnappers, thieves, traitors, mutts, skels without the need of legal qualifiers. Just as we can now refer to Kerik the Krook, we can call them Killer Caracappa and Evil Eppolito, Mafia hit men.
But what lies ahead?
Federal prosecutors filed an immediate appeal to have the verdict reinstated. But if you read Weinstein’s beautifully written decision on the letter of the law, it’s hard to see where any appeals court will find wiggle room. If the appeals court upholds Weinstein, all the feds can retry the Mafia cops for are the Vegas drug charges, which are no joke since Weinstein sentenced each of them to 40 years on those counts.
Still, retried without the spillover prejudicial evidence of eight murders, kidnappings and badge selling, those charges might bring considerably less time for first offenders. If they’re convicted at all.
Which brings us full circle to the Brooklyn District Attorney’s office, where this Mafia-cops investigation was originally made as a murder case, before it was wrested from them in a superseding federal RICO indictment.
It’s no secret that there has been a long-standing competition between the Brooklyn DA’s office and the Brooklyn federal prosecutors who often snatch state cases and make headline federal cases out them. One insider tells of the day Brooklyn DA Charles Hynes pointed out of his window in the Metro Tech Center and saw the new headquarters of the Brooklyn prosecutor’s tower being erected and remarked, “Look, they’re even stealing my [expletive deleted] view.”
The reason this case should have stayed with the Brooklyn DA’s office all along is that there is no such thing as a federal murder charge. Murder is always a state charge. Murders can be used as tent poles to prop up federal racketeering cases. But racketeering cases have statutes of limitation. A New York state murder charge has no statute of limitations.
If Judge Weinstein’s case is upheld on appeal, the Brooklyn DA will be waiting on the courthouse steps to indict Louis Eppolito and Steven Caracappa on state murder charges. One suspects that there might even be more than the eight murders charged in the federal case. Plus there is the case of Barry Gibbs, who served 19 wrongful years in prison after, he says, he was framed by Eppolito for the 1986 murder of a prostitute on the Belt Parkway.
New defense attorneys will try to make double-jeopardy arguments against retrying Eppolito and Caracappa for the same murders presented in Brooklyn federal court. But just as they were acquitted on a legal technicality in federal court, the Mafia cops can technically be retried for the same murders on a state level because in federal court they were not charged with murder but with racketeering, which is a separate crime.
So, judgment day will come for the Mafia cops because the technical letter of the law will cut both ways.
There is simply no way that Hynes will ever rest knowing that these two monsters with gold shields, who ran around his county kidnapping, murdering, burying bodies in cement, talking bribes, framing people, selling out fellow undercover cops, facilitating murders with NYPD computers, might walk around free.
As Eppolito and Caracappa sit in the Brooklyn federal lockup awaiting a bail hearing until after Weinstein returns from vacation on July 21, they should know that just as there was a ticking time bomb of statute of limitations ticking in their federal case, another time bomb tick-tocks in the Brooklyn DA’s office where the Mafia-cops case was first triggered.
One way or the other, the Mafia cops are going to the can.
For life..
