Judge allows lawyer to continue defense of Palermo
NWI Times
Apr 5, 1991
http://www.nwitimes.com/uncategorized/judge-allows-lawyer-to-continue-defense-of-palermo/article_13c4e5c0-7bae-5b99-9d89-20a01a1b3405.html
HAMMOND - A federal judge will allow a lawyer to defend two key members of an alleged Chicago crime family, ruling that the lawyer's past government involvement is not sufficient for disqualification.
The ruling Thursday by U.S. District Court Judge James Moody will allow Kevin Milner to continue his representation of alleged mob boss Dominick "Tootsie" Palermo, 73, of Orland Park, and aide Nicholas "Nicky" Guzzino, 54, of Chicago Heights.
Prosecutors asked the judge to disqualify Milner and his Chicago law firm, Patrick A. Tuite Ltd., arguing that while Milner was an assistant U.S. attorney for the northern district, he helped investigate the alleged South Side crime family.
The government argued that Milner's participation in the investigation was a conflict of interest and carried the appearance of impropriety.
"We are very pleased (with the ruling)," said Milner, who is working with Patrick Tuite to defend Palermo and Guzzino in a trial scheduled for July. He joined the law firm after leaving the U.S. attorney's office.
Milner's signature was discovered on a pen register for the telephone of Bernard Morgano, one of the 15 defendants indicted along with Guzzino and Palermo last December. They are accused of running for the Chicago "Outfit," a sports betting and high-stakes gambling network in Lake County. They also are charged with extorting a so-called street tax from area gambling operations.
A pen register logs the duration of outgoing calls and the duration, though not the origin, of incoming calls. The results from Morgano's pen register were used to obtain a wiretap to record conversations, court records show.
Milner told the court he didn't remember signing the application in 1987 and had no knowledge of the investigation while working for the government. He also defended Palermo's and Guzzino's constitutional rights to seek the legal representation of their choice.
Other defendants in the case are Peter "Cadillac Pete" Petros of LaPorte; Anthony Leone of Valparaiso; Sam "Frog" Glorioso of Gary; Sam Nuzzo Sr. and his sons, Sam Nuzzo Jr. and Arthur A. Nuzzo, and daughters Jennifer Kaufman and Sandra T. Mynes, all of Merrillville; husband and wife Ned M. and Yolande Pujo of Portage; and Steve Sfouris, formerly of Munster and now believed to be a fugitive living in his native Greece.
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