Showing posts with label Lupo. Show all posts
Showing posts with label Lupo. Show all posts

18 July 2018

Mafia infiltrates Federal Bureau of Investigation

On this date in 1975...

Camden Courier-Post
Former FBI office clerk Irene Kuczynski on July 18, 1975, admitted in federal court to photocopying secret Bureau investigation files and providing the copies to New Jersey underworld figure John DiGilio.

Mrs. Kuczynski, twenty-two, and her husband George, twenty-four, testified as the first prosecution witnesses in the Newark, New Jersey, federal trial of DiGilio and three other men. (The case initially involved several other co-defendants.)

DiGilio
Mr. Kuczynski testified that he was approached in 1971 by defendant Peter Szwandrak of Bayonne, New Jersey, who worked with him at Western Electric in the Newark suburb of Kearny. Szwandrak knew that Mrs. Kuczynski, then eighteen, was a member of the stenographic pool at the FBI's Newark offices and asked if she could obtain copies of information the FBI had assembled on DiGilio's criminal activities. Szwandrak promised "there'd be money in it" for the young married couple if they assisted DiGilio.

Refusing at first to take part in the plot, Mrs. Kuczynski only agreed after suffering several beatings at the hands of her husband. She then made photocopies of parts of DiGilio's file several times between fall of 1971 and spring of 1972. She hid the copies and smuggled them out of the office.

"I would put them in my purse and sometimes I would put them in a knitting bad and other times I would put them in my girdle to take them out," she stated.

Asked her reason for participating in the scheme, Mrs. Kuczynski first responded, "Because I loved my husband very much and I didn't want to lose him in any way." She then recalled her initial hesitation and revealed, "George beat me up black and blue numerous times."

After receiving the copied pages, Mr. Kuczynski delivered them to DiGilio or to DiGilio's co-defendants. He stated that he met with DiGilio in a back room of the Italian American Civil Rights Club in Bayonne. DiGilio provided payments between $20 and $200 for the papers. "Some of them were good, and some of them he didn't like and he wanted better stuff," Mr. Kuczynski explained when questioned by Assistant U.S. Attorney William Robertson.

Mr. Kuczynski found it profitable to turn the documents over a few pages at a time. He told the court that DiGilio provided him "an extra $200 as a Christmas bonus."

At the time the reports were stolen, the FBI was investigating DiGilio's role in loan sharking and extortion rackets in New Jersey and New York City. Federal authorities identified DiGilio as an important member of the Genovese Crime Family. Some of the stolen documents were transcriptions from FBI electronic surveillance. In addition, documents included the names of four underworld informants.

The Kuczynskis were charged for their part in the document theft in 1974, pleaded guilty and agreed to testify against DiGilio. The government held them in protective custody.

DiGilio, a forty-two-year-old resident of Paramus, was brought to trial for aiding and abetting the document theft. His co-defendants were Bayonne residents Szwandrak, Harry Lupo and John Grillo.

Before the trial began, the defense team argued that DiGilio was not mentally competent to stand trial due to brain damage suffered during a twelve-year boxing career. After hearing competing testimony from expert witnesses, federal Judge H. Curtis Meanor pronounced DiGilio competent in June. Just as trial was scheduled to open, DiGilio won a short postponement because of injuries he claimed he suffered in an automobile accident. The only witnesses to the accident were three DiGilio associates who had only hazy recollections of it. (DiGilio had a history of conveniently timed but unverifiable health problems. Once he collapsed during a trial and claimed to be suffering from a heart ailment. Doctors found his heart to be healthy. For an earlier trial, DiGilio appeared at the defense table in a wheelchair.)

A few days after the Kuczynskis testified, DiGilio defense counsel called witnesses who stated that George Kuczynski came up with the document theft plan on his own as a money-making scheme and offered documents to a number of Bayonne-area individuals investigated by the FBI.

During the trial, a large number of "burly supporters of DiGilio" took seats in the courtroom gallery. During recesses, these spectators lined up in the hallway to give DiGilio a friendly slap on the back and wish him luck. One of the well-wishers, according to New Jersey press reports, was former Middleweight boxing champion Rocky Graziano. (Graziano and other boxers attended a DiGilio trial in 1987 as well.)

Asbury Park Press
A number of DiGilio's boxing pals came out to show 

support during a 1987 trial. They included Rocco 
Graziano, Joe Frazier and Jake LaMotta.


The trial jury deliberated for nine hours on July 30 before finding DiGilio, Lupo and Szwandrak guilty. Defendant Grillo was acquitted.

In September, Judge Meanor sentenced DiGilio to nine years in prison (one year less than the maximum sentence) and a $10,000 fine. Szwandrak and Lupo were sentenced to six months behind bars.

For their part in the document theft, the Kuczynskis were given five-year suspended sentences in mid-February of 1976. They were assigned new identities and relocated through the witness protection program.

DiGilio remained free pending his appeal. A federal appeals court in Philadelphia the following summer trimmed about eight years from his sentence.

DiGilio's troubles with the law continued for about another decade. Through that time, he became a liability to Mafia higher-ups. In late May of 1988, his lifeless body was found floating in the Hackensack River near Carlstadt, New Jersey.

The final years of John DiGilio's life are discussed in "Death of 'Benny Eggs' severs link to Genovese Family's foundation," on The American Mafia history website.

Sources:
  • "DiGilio is ruled sane after secret hearing," New York Daily News, June 20, 1975, p. 82.
  • "DiGilio too hurt to stand trial?" Camden NJ Courier-Post, July 15, 1975, p. 24.
  • "Ex-FBI typist sold data to an alleged mobster," Camden NJ Courier-Post, July 19, 1975, p. 30.
  • "Typist admits copying FBI data on DiGilio," Asbury Park NJ Press, July 19, 1975, p. 3.
  • Wechsler, Philip, "Ex-FBI clerk tells of smuggling out reports for Mob," New York Daily News, July 19, 1975, p. 5.
  • "DiGilio lawyers vilify accuser," Asbury Park NJ Press, July 25, 1975, p. 2.
  • Wechsler, Philip, "Witness is called 'liar all his life' in FBI file trial," New York Daily News, New Jersey Edition, July 25, 1975, p. 7
  • "Rival lawyers assail DiGilio defendants, witnesses," Asbury Park NJ Press, July 30, 1975, p. 13.
  • "DiGilio, 2 men guilty," Asbury Park NJ Press, July 31, 1975, p. 3.
  • "Mobster convicted in FBI case," Camden NJ Courier-Post, July 31, 1975, p. 31.
  • "DiGilio out on bail during his appeal," Camden NJ Courier-Post, Sept. 13, 1975, p. 3.
  • "Secrecy protects thieves," Asbury Park NJ Press, Feb. 24, 1976, p. 24.
  • "Sentence sliced," Elmira NY Star-Gazette, June 12, 1976, p. 7.
  • "Body of a reputed mobster is found in a bag in river," New York Times, May 27, 1988, p. 19.

23 July 2017

Brooklyn's 1902 'Sack Murder' (4 of 4)

Investigation by Brooklyn police stalls,
Secret Service links killing to Mafia

(Return to Part 3)

Just a few days into the investigation, Detective Sergeant Vachris decided that there was no workable case against Troia or the four men who lived behind Catania’s shop. He began to explore other possibilities. One of those was provided by Catania’s son-in-law Dominick Tutrone, who spoke about it with a reporter from the Brooklyn Daily Eagle newspaper on Saturday morning.

“He was a good man,” said Tutrone. “When my wife [Catania’s oldest daughter] died, he was very kind to me. And, as if he did not have children enough of his own, took my two little ones home too.”

“What is your opinion of this murder?” the reporter asked.

“I do not know what to think. It seems too horrible to contemplate. I cannot think that this man Troia had anything to do with it. It seems impossible to believe that for such a trivial thing as fourteen dollars such a murder would be committed... Italians do not kill their friends for so slight a cause. There is something else behind this. Vengeance, I believe.”

Tutrone indicated that Catania had lived a peaceful life for all of his two decades in Brooklyn. He said, however, that a vendetta could have arisen from some earlier incident in Catania’s home city of Palermo, Sicily.

“These people cherish a wrong a long, long time, years and years,” Tutrone explained. “Of course there is talk, lots of it. But I do not know of anything that he ever did in Sicily that would result in his murder. He was not killed for his money. That is certain, for he had no money. He was not killed by any enemy he had made in this country. I am sure of that. Then the only thing that is left for us to believe is that this thing was done to settle up some old score.”

According to the Eagle, the “lots of talk” to which Tutrone referred was gossip relating to a Palermo offense allegedly committed by Catania against one or two men. One wild rumor specifically charged that he murdered two fellow Sicilians. The Italian quarter of Brooklyn, the newspaper said, was convinced that the families of the injured parties had tracked Catania to Brooklyn and avenged their relatives.

Vincenzo Troia was discharged from custody on July 29. The police admitted that, while there was evidence of some bad blood between Catania and Troia, they had no evidence linking Troia to the Catania killing.

William Flynn
Detective Sergeant Vachris gradually came to support a version of the vendetta theory. Unlike the Palermo murder rumor, the detective’s version left Catania innocent of any wrongdoing. The grocer merely testified against men charged of murder in Palermo. As a result of the testimony, the defendants were convicted and sentenced to twenty-year prison terms. They swore revenge. Fearing for his life, Catania fled to Brooklyn. Over the years, he became comfortable and forgot about the murderers he helped convict. When the two men were released from prison, they learned of Catania’s whereabouts, traveled to Brooklyn and fulfilled their vendetta.

Months later, part of that theory was supported by the arrest on Brooklyn's Washington Street of recent Sicilian immigrant Liborio Laveri. Investigators learned that Giuseppe Catania had been a government witness two decades earlier when Laveri was charged with the kidnapping of a merchant in Termini Imerese, Sicily. Laveri served a long prison sentence. Upon his release, he traveled to the U.S. and reached New York just one month before Catania's murder, becoming a resident of Main and Front Streets in Brooklyn. There was no evidence tying Laveri to the murder, but he was held at the Adams Street Police Station while authorities worked to have him deported as an undesirable alien.

Police interest in the Catania murder diminished over time. The case remained officially unsolved.

However, the murder became a matter of intense interest to Agent William J. Flynn and his fellow Secret Service men of the New York bureau. The Secret Service had been trailing suspected members of a gang of Brooklyn and Manhattan counterfeiters for more than a decade. That gang of immigrant Sicilian Mafiosi was believed to be importing counterfeit currency within shipments of produce and olive oil from Mafia contacts in Sicily. (This theory was later abandoned.) While the Secret Service had managed to shut down some of the smaller operators in the counterfeiting ring, men who had been caught passing phony bills, it had little evidence against the suspected leaders.

Ignazio Lupo
As the police attributed the slaying of Catania to an unknowable team of old-world assassins, Flynn developed a contrary opinion. Believing the Columbia Street shop to be one of a number of New York area groceries used to distribute phony bills, Flynn was certain that Catania was killed because of his habit of drinking and chatting socially with his Brooklyn neighbors. The grocer occasionally drank a bit too much and chatted about things others wished to keep secret, Flynn concluded. Catania’s near-beheading was an act of savage discipline administered by ruthless higher ups in the counterfeiting ring.

When the corpse of a nearly beheaded murder victim turned up in a barrel on a Manhattan street the following spring, Flynn's agents recognized the victim as a man recently in the company of the Mafia counterfeiters they were trailing. Flynn announced that the same gang, led by Giuseppe Morello and Ignazio "the Wolf" Lupo, was responsible for both the "Barrel murder" and the killing of "Joe the Grocer" Catania.

Flynn's suspicions were confirmed by underworld informants, and New York police noted the Catania murder in Lupo's file. However, neither Mafia boss was ever brought to trial for the killing.

(Return to Part 3)

Sources:
  • Critchley, David, The Origin of Organized Crime in America: The New York City Mafia 1891-1931, New York: Routledge, 2009, p. 42.
  • Flynn, William J., Daily Reports of April 14, 19, 20, May 1, 1903, Department of the Treasury, United States Secret Service Daily Reports, R.G. No. 87, Roll 109, Vol. 9, National Archives.
  • Ignazio Lupo criminal record, New York Police Department, Ignazio Lupo Prison File, #2883, Atlanta Federal Prison, NARA.
  • United States Census of 1880, New York, New York County, Enumeration District 42
  • United States Census of 1900, New York, Kings County, Ward 8, Enumeration District 100.
  • "Police board's big detective shake-up," New York Times, Feb. 4, 1900, p. 1.
  • "Patrolmen offer protests," New York Times, Feb. 6, 1900, p. 9.
  • "Band of assassins murdered Catania," Brooklyn Daily Eagle, July 24, 1902, p. 1.
  • "Boys find a man's body sewn in a sack," New York Times, July 24, 1902.
  • "Brooklyn police suspect an Italian of concealing murdered victim in a sack," New York World, July 24, 1902, p. 3.
  • "No clew to the slayers of the man in the sack," Brooklyn Daily Eagle, July 25, 1902, p. 2.
  • "Murder due to vengeance it is believed," New York Press, July 25, 1902, p. 3.
  • "Body found sewed in a sack identified," New York Times, July 25, 1902, p. 14.
  • "Arrest in sack murder," New York Tribune, July 25, 1902, p. 2.
  • "Old vendetta in Sicily behind Catania killing," Brooklyn Daily Eagle, July 26, 1902, p. 18.
  • "Bay Ridge murder mystery," New York Times, July 26, 1902.
  • "No proof that Troyia murdered Catania," New York Times, July 27, 1902. 
  • "May be a victim of a vendetta," New York Tribune, July 27, 1902, p. 3.
  • "No clew to sack murder," Brooklyn Daily Eagle, July 29, 1902, p. 16.
  • "Catania fled from vendetta," New York Herald, July 31, 1902, p. 5.
  • "Clew for sack murder found," New York Tribune, July 31, 1902, p. 4.
  • "Trica returned to Sicily," Brooklyn Daily Eagle, Oct. 5, 1902, p. 5.
  • "Palermo police trying to solve Catania mystery," Brooklyn Daily Eagle, Oct. 5, 1902, p. 5.
  • "Catania's slayer may yet be caught," Brooklyn Standard Union, Oct. 5, 1902, p. 1.
  • "Unlucky Catania a witness," Brooklyn Daily Eagle, Dec. 5, 1902, p. 3.
  • "Former brigand caught here," New York Press, Dec. 6, 1902.
  • "May have been killed for spite," New York Tribune, Dec. 6, 1902, p. 4.
  • "Slain man in a barrel; may be a Brooklyn crime," Brooklyn Daily Eagle, April 14, 1903, p. 1.
  • "Coiners' gang killed him," New York Sun, April 14, 1903, p. 1.
  • "Counterfeiters cut throat of the man whose body was packed in barrel of sawdust," New York Press, April 16, 1903, p. 1.
  • "Eight Sicilians held for barrel murder," New York Times, April 16, 1903, p. 1.
  • "Like the Catania murder," Brooklyn Daily Eagle, April 17, 1903, p. 15.
  • "Desperate gang held in murder mystery," New York Times, April 17, 1903, p. 3.
  • “Barrel murder mystery deepens,” New York Times, April 20, 1903, p. 3.
  • "Anthony F. Vachris dies; retired peer of detectives," Brooklyn Eagle, Jan. 6, 1944, p. 11.

11 June 2017

Vendetta ends life of 'Black Sam' Todaro

Son, wife, nephew of murdered 'Big Joe' Lonardo
participate in the slaying of Cleveland Mafia boss

Salvatore Todaro
On this date in 1929 - Cleveland Mafia boss Salvatore "Black Sam" Todaro was murdered in front of a Porrello corn sugar warehouse at Woodland Avenue and 110th Street. Though recent killings in the region had resulted from underworld rivalries, authorities determined that the assassination of Todaro was an act of personal vengeance.

Todaro took power in the local crime family after the October 1927 murders of boss Joseph "Big Joe" Lonardo and his brother John. His position was secured with the murder of Lonardo loyalist Lorenzo Lupo the following spring. The Lonardo faction, closely aligned with the national Mafia leadership of boss of bosses Salvatore D'Aquila, was replaced by an administration of Todaro and the Porrello brothers. The new regime was supported by rising New York Mafia boss Giuseppe Masseria. (Masseria had relatives in Cleveland.)

The murdered Lonardos were given a lavish gangland funeral - reports said their caskets were silver. But Lonardo kin almost immediately began experiencing money problems.

Concetta Lonardo and Fannie Lanzone Lonardo both claimed to be the widows of Joseph Lonardo. Though never formally married, Concetta had lived with Lonardo for many years until their 1925 separation and she was mother to their five children. Fannie was with Lonardo in the last few years of his life and claimed that the two had been married in Sandusky, Ohio on September 8, 1925. A court battle between the widows tied up the family fortune - cash and property estimated to be worth $200,000. Lacking financial resources, Concetta faced the loss of the family home at 13700 Larchmere Boulevard. She reached out for support from the new underworld boss.

Concetta Lonardo
(Cleveland Public Library)
Early in 1929, she began making regular visits to the front of the Porrello corn sugar warehouse - the Mafia leadership's local headquarters. Todaro dutifully stepped out of the building to meet her at her car, a maroon and black Chrysler Model 75 coupe, and provide her with some money. (Cleveland detectives considered the possibility that these were blackmail payments extracted by the Lonardo family under threat of cooperating in the investigation of the Joseph and John Lonardo murders.) Concetta was generally driven to the meetings by her oldest child, eighteen-year-old Angelo.

On the afternoon of June 11, Concetta's twenty-two-year-old nephew Dominic Sospirato came along for the  ride to see Todaro. As usual, Todaro emerged from the warehouse to greet his former boss's widow. As he crossed the sidewalk toward the waiting car, gunshots were heard and "Black Sam" collapsed. He had been shot five times. The Chrysler sped away.

Todaro's brother-in-law, Angelo Sciara, witnessed the shooting and gave authorities the names of the occupants of the car. Concetta was later taken into custody as a material witness, though she claimed to know nothing of the fatal shooting of Todaro. Angelo Lonardo and Dominic Sospirato could not be located. Concetta and the two young men were all indicted for first-degree murder.

“Black Sam” Todaro's funeral featured an expensive bronze and silver casket and abundant floral tributes, but restrictions on the use of marching bands and the route of the cortege were put in place by local Safety Director Edwin Barry.

On November 12, Concetta went to trial alone for the Todaro murder. The prosecutor argued that she must have known that occupants of her automobile planned to shoot and kill Todaro. The state's case included a jury visit to the Cleveland corner where Todaro was killed. After a deliberation of more than six hours, the jury acquitted her.

Angelo Lonardo in later years.
The not-guilty verdict seems to have encouraged Angelo Lonardo and Dominic Sospirato to come out of hiding and take their own chances with a jury. They surrendered to authorities in February 1930, pleading not guilty to the murder charges against them. They were convicted of second-degree murder on June 11, 1930 (the anniversary of Todaro's killing). They were immediately sentenced by Judge James B. Ruhl to life terms at the Ohio State Penitentiary. A successful legal appeal gave them a second chance, and they were both acquitted at retrial in November 1931.

Authorities briefly considered Lonardo a suspect when Rosario and Raymond Porrello and their bodyguard Dominic Mangino were murdered in February 1932.

Many years later, the seventy-seven-year-old Angelo "Big Ange" Lonardo, by then a former Cleveland Mafia underboss who had become a government informant, testified before the U.S. Senate Permanent Subcommittee on Investigations. Early in his testimony, he matter-of-factly stated, "...My father was murdered by Salvatore Todaro in 1927. In revenge, my cousin, Dominic Sospirato, and I killed Todaro."

Sources:
  • Gentile, Nick, Vita di Capomafia, Rome: Editori Riuniti, 1963.
  • Neilsen, Sgt. William T., Criminal Complaint, Cleveland Police, June 11, 1929.
  • Porrello, Rick, The Rise and Fall of the Cleveland Mafia: Corn Sugar and Blood, Fort Lee NJ: Barricade, 1995.
  • Reports of the Detective Bureau, Police Department of the City of Cleveland, Oct. 13-16, 1927; June 13, 1929; July 2, 1929.
  • United States Census of 1930.
  • United States Census of 1940.
  • Zicarelli, Det., Information report to Inspector of Detectives Cornelius W. Cody, Oct. 16, 1927, Nov. 16, 1929.
  • "2 brothers murdered in bootleg war," Cleveland Plain Dealer, Oct. 14, 1927.
  • "Hits new lead in murder of two Lonardos," Cleveland Plain Dealer, Oct. 15, 1927.
  • "Police seek gunman in yellow car," Cleveland Plain Dealer, June 1, 1928, p. 1.
  • "Seize gunman as suspect in Lupo murder," Cleveland Press, June 1, 1928, p. 1.
  • "Police hunt Lonardo, Jr. as slayer," Cleveland Plain Dealer, June 12, 1929.
  • "Lonardo's son indicted for feud killing," Cleveland Press, June 12, 1929.
  • "Bootleggers in Cleveland open warfare," Mansfield OH News-Journal, June 12, 1929, p. 1.
  • "Mrs. Lonardo indicted with son in murder," Cleveland Plain Dealer, June 13, 1929.
  • "Detectives see blackmail sign as murder clue," Akron OH Beacon Journal, June 13, 1929, p. 20.
  • "Slain 'baron' given gangster funeral," Cleveland Press, June 15, 1929.
  • "Royal burial," Wilmington OH News-Journal, June 17, 1929, p. 4.
  • "Mrs. Lonardo faces trial for murder," Akron OH Beacon Journal, Nov. 12, 1929, p. 29.
  • "Try woman for gang murder in Cleveland," Zanesville OH Times Recorder, Nov. 13, 1929, p. 3.
  • "Gang murder trial," Zanesville OH Times Recorder, Nov. 14, 1929, p. 1.
  • "Acquit Mrs. Lonardo of Todaro's murder," Mansfield OH News-Journal, Nov. 15, 1929, p. 19.
  • "Fails to get share of Lonardo estate," Akron OH Beacon Journal, Feb. 24, 1930, p. 23.
  • "Cleveland racketeers are under pen life sentence," Chillicothe OH Gazette, June 12, 1930, p. 1.
  • "Cleveland men found guilty," Mansfield OH News-Journal, June 12, 1930, p. 1.
  • "Extermination of gang about complete today," Piqua OH Daily Call, June 12, 1930, p. 1.
  • "United States Courts," Cincinnati Enquirer, July 19, 1930, p. 20.
  • "Marriage here basis of suit," Sandusky OH Register, July 22, 1930, p. 12.
  • Kenen, I.L., "Corn sugar racket has taken seven lives in Cleveland with five marked for death; once mighty Porello clan is tottering," Cincinnati Enquirer, Aug. 4, 1930, p. 13.
  • "Acquitted at retrial," Akron OH Beacon Journal, Nov. 25, 1931, p. 9.
  • "Free two convicts," East Liverpool OH Evening Review, Nov. 25, 1931, p. 11.
  • "Jail Lonardo in probe of feud killings," Cleveland Plain Dealer, Feb. 28, 1932.
  • Koziol, Ronald, "Jailed mob chief agrees to testify in casino trial," Chicago Tribune, Aug. 29, 1985, p. 10.
  • Culnan, Dennis, "Former boss calls Mafia disrespectful," Cincinnati Enquirer, April 16, 1988, p. A4.
Read more about Salvatore "Black Sam" Todaro, Prohibition Era underworld murders and the Mafia organizations of the region in DiCarlo: Buffalo's First Family of Crime, Volume I - to 1937 by Thomas Hunt and Michael A. Tona.

14 April 2017

The Barrel Murder of 1903


New York Evening World, April 14, 1903.
On this date in 1903 - Agents of the United States Secret Service were called upon to help New York City police identify a corpse found in a barrel on Manhattan's East Eleventh Street near Avenue D. 

Frances Connors was on her way to work at 5:30 in the morning, when she spotted a garment sticking out of a sugar barrel between piles of lumber on the sidewalk in front of the New York Mallet and Handle Company (743 East Eleventh Street). She thought she could make use of the fabric and went to take it from the barrel. As she removed it, she uncovered the dead man inside. The corpse had been folded and crammed into the barrel. The body showed a number of stab wounds. The obvious cause of death was a pair of razor slashes that nearly severed the head from the torso.

The victim.
NY Evening World, April 15, 1903.
Connors' screams caused Special Officer Joseph McCall, on patrol on East Eleventh Street, to rush to the site. He summoned detectives. When the body was removed from the barrel, a slip of paper containing Italian language writing was found. That was sufficient reason for Detective Bureau supervisor "Chesty George" McCluskey to assign the case to Detective Joseph Petrosino, who resolved many criminal matters relating to the immigrant Italian community in New York City. 

Reports of the barrel victim reached William Flynn, chief agent of the New York office of the U.S. Secret Service. Flynn's men, assigned to surveil the counterfeiting gang of Mafia leader Giuseppe Morello, had noticed some odd behavior and a stranger with gang members the night before. Flynn arranged for his men to take a look at the victim and cooperate with the NYPD murder investigation.

The agents recognized the deceased man as the stranger they observed with the Morello Mafia members. Police gathered up known members of Morello's organization, including top Mafiosi Giuseppe Morello and Ignazio Lupo. They were unable to locate Morello adviser Vito Cascio Ferro. They later learned that Cascio Ferro fled back to his native Sicily through New Orleans.

The Morello Mob
NY Evening World, April 16, 1903.
The victim was eventually identified as Buffalo resident Benedetto Madonia, brother-in-law of Giuseppe DePrima, a Morello gangster recently imprisoned for counterfeiting. Authorities believed the New York City Mafiosi lured Madonia to his death because DePrima was judged a traitor. (Secret Service Agent Flynn gave Mafia leaders this mistaken impression through a favorable treatment of DePrima, which he hoped would lead other gang members to cooperate.)

Using the barrel's label and some sawdust and garbage found at the bottom of it, police were able to link the barrel to a Morello gang hangout. They also found that a Mafia suspect known as Petto the Ox was in possession of a pawn ticket for a watch that belonged to the victim. Though certain of the gang's responsibility for Madonia's killing, authorities could not assemble a convincing case. 

Read more about the Barrel Murder on the American Mafia history website:
Sources:
  • "Barrel murder inquest," New York Times, May 8, 1903, p. 7.
  • "Counterfeiters cut throat of the man whose body was packed in barrel of sawdust," New York Press, April 16, 1903, p. 1.
  • "Killed and packed in barrel," New York Sun, April 15, 1903, p. 1. 
  • "Madonia's knowledge cost him his life," Washington D.C. Times, April 21, 1903, p. 1.
  • "Mafia murder victim," New York Tribune, April 15, 1903, p. 1.
  • "Man found in barrel known," New York Sun, April 21, 1903, p. 1.
  • "Man in barrel was tortured, then murdered," New York World, April 14, 1903, p. 1.
  • "Slain man in barrel; may be a Brooklyn crime," Brooklyn Daily Eagle, April 14, 1903, p. 1.
  • "Twelve suspects held in barrel murder case," Brooklyn Daily Eagle, April 16, 1903, p. 22. 
  • Carey, Arthur A., Memoirs of a Murder Man, Garden City NY: Doubleday, Doran and Company, 1930.
  • Flynn, William J., Daily Reports, April 13-22, 25, 29-30, May 1, 7-8, 1903, Department of the Treasury, United States Secret Service Daily Reports, R.G. No. 87, Roll 109, Vol. 9, National Archives.
  • Flynn, William J., Daily Report, March 21-22, 1904, Department of the Treasury, United States Secret Service Daily Reports, R.G. No. 87, Roll 109, Vol. 11, National Archives. 
  • Flynn, William J., The Barrel Mystery, James A. McCann Company, 1919.
  • Benedetto Madonia Certificate and Record of Death, certificate no. 12640, City of New York, April 14, 1903.
  • Prisoner's Criminal Record, Bureau of Detectives, Police Department of the City of New York, Giuseppe Morello Prison File, inmate no. 2882, Atlanta Federal Prison, National Archives and Records Administration.


26 November 2016

'Wrongly Executed?' book now available

Sing Sing Warden Lewis Lawes had no doubt on the evening of January 5, 1939: He had just presided over the electric-chair-execution of an innocent man. The prison chaplain and many guards also felt that convicted cop-killer Charles Sberna had been sent to his death unjustly.

Lawes made his feelings known in a published book a short time later. Syndicated Broadway columnist Walter Winchell also called attention to the flawed case against Sberna in the summer of 1939 and again early in 1942. According to Winchell, the government knew that District Attorney Thomas Dewey's office had sent an innocent man to the chair and was providing "hush money" payments to Sberna relatives. Since then, opponents of capital punishment have included Sberna's name in collections of those deemed "wrongly executed" and have used the case as a somewhat vague example of the possibility of death penalty error. Still, little is known about Sberna or the circumstances that led him to the electric chair.

The story is a complex and controversial one, involving celebrity attorneys, Mafia bosses, violent political radicals, media giants and ruthless establishment figures, all set in a period in which Americans sought stability and government-imposed order after years of political upheaval, economic depression and Prohibition Era lawlessness.

Dust jacket for 'Wrongly Executed?' hardcover

I first became aware of Charles Sberna's story during research into U.S. capital punishment errors. Archived newspaper columns by Winchell revealed a tale worthy of retelling. Sberna and Gati both were convicted and executed for the 1937 murder of Patrolman John H.A. Wilson. Gati admitted his role but insisted that Sberna was not present for the crime. Names of other possible Gati accomplices were revealed, but prosecutors made little effort to check into them.

Email conversations with publisher Rick Mattix relating to the startup of the On the Spot Journal of "gangster era" crime history led me to assemble an article on the Sberna case for the journal's December 2006 issue.

That first article noted the relation by marriage of Charles Sberna and the Morello-Lupo-Terranova clan, which had been a major influence in early New York organized crime. Sberna took as his bride Carmela Morello, daughter of former Mafia boss of bosses Giuseppe Morello and niece of New York City rackets leaders Ignazio "the Wolf" Lupo and Ciro "Artichoke King" Terranova.

Sberna's own family background remained a mystery until later research into Amedeo Polignani of the NYPD shed light on the involvement by Charles Sberna's father Giuseppe in the anarchist-terrorist bombings of the 1910s. Giuseppe Sberna was a vocal leader in the East Harlem-based Bresci Circle, the nation's largest anarchist organization. Local, state and federal authorities hunted Giuseppe Sberna, but he escaped to his native Italy, leaving his wife and children behind in New York. Learning this, I began to wonder whether Charles Sberna, so closely connected to so many fearsome public enemies, possibly could have received a fair trial. My decision to fully explore the Sberna case soon followed.

Accused cop-killers Charles Sberna (left)
and Salvatore Gati (right) in court.

I examined court documents, the careers of prosecutors and elected officials, the history of law enforcement efforts against the early Mafia and the American anarchist movement, the questionable philosophies and courtroom tactics of D.A. Thomas Dewey and his assistants, and the known and suspected crimes of the men who might have committed the murder attributed to Sberna. Much of what I found was deeply troubling.

A fair trial may have been denied to Charles Sberna. Given the mood of the time, the background of the defendant and the circumstances of the case, a truly fair trial may have been impossible.

Wrongly Executed? - The Long-Forgotten Context of Charles Sberna's 1939 Electrocution is now available in hardcover, paperback and ebook formats. For more information and purchase options, visit the Wrongly Executed? website.

(I wish to express my appreciation to Christian Cipollini, C. Joseph Greaves, Ellen Poulsen and Robert Sberna for their support and assistance on this project.)

29 October 2016

U.S President commutes sentence of Mafia's Lupo

On this date in 1921 - President Warren Harding granted paroled counterfeiter Ignazio Lupo a conditional commutation of a thirty-year sentence imposed in 1910. 

Ignazio Lupo
This turned out to be a significant moment in U.S. Mafia history, so let's take a closer look at what went on. Though Lupo was already out of prison (paroled on June 30, 1920), the Oct. 29, 1921, commutation lifted parole restrictions and allowed Lupo to leave the U.S. legally and return. Harding's decision followed months of pressure by Lupo and his allies.

In September of 1920, U.S. Pardon Attorney James A. Finch received requests to process an application for clemency that had been filed when Lupo was still an inmate at Atlanta Federal Prison. Finch's office found the requests improper, as Lupo was essentially a free man at that moment. The clemency application had become void upon Lupo's parole. In December, Lupo filed a new application for executive clemency, noting that other men imprisoned at the same time as Lupo and for the same offense were out of prison and unimpeded by parole restrictions at that time. The application went unnoticed.

Lupo made appeals to U.S. Senator William M. Calder, a resident of Brooklyn. In June of 1921, Calder wrote to Pardon Attorney Finch, saying that Lupo recently had received a telegram from Italy reporting his father's death. (Lupo's father appears to have died about 1916.) Calder argued that it was necessary for Lupo to return to Sicily to settle the family estate. Finch and acting Superintendent of Prisons Sewall Key reviewed the situation and found there was nothing they could do for Lupo. They reported back to Senator Calder in July, suggesting that only a Presidential pardon could lift the parole restrictions. A clemency petition bearing 60 signatures was submitted to Senator William M. Calder in August. Calder then received clemency requests in letters from Lupo and others, including a former assistant U.S. attorney and the editor of the Italian-language newspaper Il Giornale Italiano.

Early in October, Lupo parole officer Louis Miller of Brooklyn approached President Harding with a formal request for a temporary conditional pardon of six months. According to Miller, Lupo needed to travel to settle his father's estate.

Lupo elected not to reveal that he wished to travel abroad in order to escape a death sentence imposed by American Mafia boss of bosses Salvatore D'Aquila. Following the prison releases of Lupo and his brother-in-law Giuseppe Morello, D'Aquila apparently felt that his position was threatened. Morello was the previous boss of bosses and had been D'Aquila's underworld commander until heading to prison for counterfeiting. At a Mafia meeting in the summer of 1920, D'Aquila trumped up a conflict with Morello and his loyalists and condemned Morello, Lupo and ten other Mafiosi to death. Most of the targeted men traveled to Sicily hoping to find a safe haven and some underworld support.

Miller managed to interest Harding in the case, and the President asked Attorney General Harry M. Daugherty to weigh in on the matter. On October 10, Daugherty responded that there was no precedent for a limited-time pardon. "Further," wrote the shrewd attorney general, "I am not entirely satisfied that [Lupo] goes to Europe for the purpose stated." Assistant Attorney General John W.H. Crim wrote to Harding with a similar opinion but suggested that the President could commute Lupo's sentence to expire fully, effectively causing parole also to expire, and place "conditions subsequent" to the commutation.

The commutation issued by President Harding on October 29, 1921, was specifically conditional on Lupo remaining law-abiding, "of which fact the President himself shall be the sole judge."

The short-term impact of Harding's decision was to allow Lupo to escape D'Aquila's wrath in November 1921. While he was away, a new rival, Giuseppe Masseria, emerged to challenge the boss of bosses. By the time of Lupo's return on May 13, 1922, D'Aquila and Masseria were at war for control of the Mafia in New York. Masseria emerged victorious, and figures from the Morello faction became his trusted advisers.

The long-term impact of the decision was not as favorable for Lupo. In July of 1936, then-President Franklin Roosevelt determined that the fifty-nine-year-old Lupo had not lived up to the conditions imposed by Harding (Lupo had been arrested in connection with murder investigations, extortion and labor racketeering). Roosevelt ordered that Lupo's original counterfeiting sentence be restored and that Lupo be arrested and returned to Atlanta Federal Prison to serve the remaining 7,174 days (more than nineteen and a half years) of that sentence. He remained in prison for about ten years. A generous "good time allowance" permitted the release of the ailing and senile Lupo just in time for Christmas 1946. Lupo died in mid-January, 1947.

Sources:

  •   Ciro Terranova passport application, submitted Oct. 14, 1921, approved Oct. 17, 1921.
  •   Flynn, William, Daily Report, Feb. 19, 1910, Department of the Treasury, United States Secret Service Daily Reports, R.G. No. 87, Vol. 29, National Archives.
  •   Gentile, Nick, with Felice Chilante, Vita di Capomafia, Rome: Crescenzi Allendorf, 1993, p. 71-72, 75, 86.
  •   Ignatio Lupo, appellant, v. Fred Zerbst, appellee, United States Circuit Court of Appeals for the Fifth Circuit, No. 8471, Oct. 19, 1937.
  •   Ignazio Lupo Prison File, #2883, Atlanta Federal Prison, National Archives and Records Administration.
  •   New York City Death Index, certificate no. 524, Jan. 13, 1947. 
  •   Passenger manifest, S.S. Dante Alighieri, sailed from Naples on April 30, 1922, arrived in New York City on May 13, 1922.
  •   Passenger manifest of S.S. Presidente Wilson, arrived New York on Jan. 18, 1922.
  •   Santo Calamia, application for passport, 73710, New Orleans, LA, Aug. 5, 1921.
  •   "150 years in all for the Lupo gang," New York Times, Feb. 20, 1910, p. 1.
  •   "30 years for 'Wolf,'" Washington Post, Feb. 20, 1910, p. 1.
  •   "Bread racket violence traps Lupo 'the Wolf' at baker's door," New York Herald, July 17, 1935.
  •   "Contractor slain by Bath Beach gang," New York Times, Oct. 9, 1930, p. 29.
  •   "Gangland adds 2 more murders to its Brooklyn list," Brooklyn Daily Eagle, Oct. 9, 1930, p. 23.
  •   "Girl, woman, 4 men shot in battle of two bootleg bands," New York Times, May 9, 1922, p. 1.
  •   "Gunmen kill cousin of 'Lupo the Wolf,'" New York Times, May 9, 1922, p. 3.
  •   "Law's limit given," Washington D.C. Evening Star, Feb. 20, 1910, p. 5.
  •   "Long jail terms," New York Tribune, Feb. 20, 1910, p. 1.
  •   "Lupo freed from Ellis Island," Brooklyn Daily Eagle, June 13, 1922, p. 2
  •   "Mulrooney orders harder crime fight by police officials," New York Times, Aug. 29, 1931, p. 1.
  •   "Only two crimes reported in 24 hours as police seize 84 suspects in city round-up," New York Times, Aug. 28, 1931, p. 1.
  •   "Police round up eight," New York Times, Dec. 3, 1923, p. 19
  •   "Prison shuts again on Lupo the Wolf," New York Times, July 16, 1936, p. 1.
  •   "U.S. bars 'Lupo the Wolf,'" Brooklyn Daily Eagle, May 14, 1922, p. 6.
  •   "'Lupo the Wolf' notorious criminal, freed by Washington from Ellis Island," New York Times, June 13, 1922, p. 1.

- Thomas Hunt