By TOM HAYS
Associated Press Writer
July 24, 2006,
NEW YORK — It was a sensational case that seemed finished when guilty verdicts and life sentences were announced earlier this year against the defendants, both former NYPD detectives accused of moonlighting as hitmen for the mob.
But a stunning ruling last month has made a new scene possible: The portly and talkative Louis Eppolito and his spindly and taciturn former partner, Stephen Caracappa, walking out of jail.
The defendants are due back in court on Tuesday, when their lawyers are expected to ask U.S. District Judge Jack Weinstein to free them based on his decision to toss out the verdict finding them guilty of participating in eight murders while on the payroll of a brutal mob underboss. The judge found that the statute of limitations had expired on the slayings, which occurred between 1986 and 1990.
Papers filed recently by the defense note that Eppolito, 57, and Caracappa, 57, each were out on $5 million bail for nine months before their convictions and return to jail on April 3. They argue that the similar conditions should apply while they await the outcome of a government appeal of Weinstein’s ruling or _ if it’s upheld _ a retrial on lesser charges stemming from a 2005 drug sting in Las Vegas, where the partners both had retired.
Eppolito “respectfully submits that a reasonable bail pending the highly likely retrial on allegations that he distributed a small quantity of methamphetamine and laundered a small amount of money is appropriate,” his attorney, Joseph Bondy, wrote in a July 21 letter to Weinstein.
Bondy said his client hopes to return to Las Vegas, where he would “live with his wife and near his children.”
Prosecutors, calling the evidence that the defendants were killers “overwhelming,” have argued that they are too dangerous to go free.
“The fact that these men, who swore to serve and protect, were so willing to betray the public trust by committing unspeakable acts of violence for money is a testament to the serious threat of danger to the community their release constitutes,” wrote prosecutor Robert Henoch.
In his ruling, Weinstein said he agreed with the jury that Eppolito and Caracappa were guilty of murder, kidnapping and other crimes, but the law compelled him to set aside the verdict. The decision came less than a month after he told the pair they would receive life in prison _ a sentence that could still be imposed if prosecutors win their appeal.
Caracappa retired in 1992 after establishing the police department’s unit for mob murder investigations. Eppolito, whose father was a member of the Gambino crime family, was a much-praised street cop who went on to play a bit part in “GoodFellas” and launch an unsuccessful career as a screenwriter.
In a jailhouse interview following his conviction, Eppolito called himself “the most perfect scapegoat in history.”
Copyright 2006 Newsday Inc..
