Prosecution's motion denied
Ex-Assistant U.S. Attorney can continue in 'street tax' case
Post-Tribune (IN)
April 6, 1991
U.S. District Judge James T. Moody has rejected a government plea that a former deputy federal prosecutor be prohibited from defending two alleged members of the crime syndicate.
"There is no compelling legal or professional reason to disqualify attorney (Kevin) Milner from this action," Moody wrote in his Thursday motion.
Kevin Milner, an assistant U.S. attorney until April 1990, is representing Dominick "Tootsie" Palermo, 72, of Orland Park, Ill., and Nicholas "Nicky" Guzzino, 49, of Chicago Heights, Ill. Milner is a member of the Patrick Tuite law firm in Chicago.
Palermo is the alleged head of the crime syndicate's vice operations in Northwest Indiana and the South Side of Chicago. Guzzino is his alleged top lieutenant.
"We are very pleased with the decision," Milner said. "We are very anxious to get down to more important things like the trial of the case."
The government argued that Milner should be disqualified because he signed a request for the renewal of a pen register on the telephone of Bernard ''Snooky" Morgano, 54, of Valparaiso, the reputed street boss for Lake County gambling operations. Morgano is one of 15 named in the December 1990 indictment.
A pen register records the telephone numbers and the duration of incoming and outgoing calls. It doesn't record conversations.
Milner acknowledged signing the request but said he wasn't involved in the investigation.
Moody agreed, saying, "The court finds that attorney Milner's participation in applying for a renewed pen register was at most perfunctory involvement."
On the issue of ethical standards, Moody said, "Given the simplicity of determining which ethical rules apply, the court is at something of a loss to understand why the parties, and the government in particular, spill so much ink in discussing the irrelevant history of the A.B.A. Model Code."
James Mesterharm, a spokesman for the U.S. attorney's office, said U.S. Attorney John F. Hoehner was withholding comment until he had a chance to read the judge's ruling.
The indictment was the culmination of an eight-year investigation into the crime syndicate and the "street tax" it allegedly extorted from longtime gamblers in Lake and Porter counties.
Several of those under indictment have longtime ties to various types of gambling in Lake County.
Palermo, Guzzino and Peter "Cadillac Pete" Petros, 56, of Cicero, Ill., were denied bond. Petros, who formerly lived in LaPorte, is seeking to be declared mentally incompetent to stand trial.
The other defendants are Anthony Leone, 49, of Valparaiso; Sam "Frog" Glorioso, 48, of Gary; Steve Sfouris, 55, of Munster; Anthony "Potatoes" Ottomanelli, 60, of Portage; Ned Pujo, 51, and Yolande Pujo, 55, of Portage; and Sam Nuzzo 69, of Merrillville and his four children, Sam Nuzzo Jr., 45, Arthur Nuzzo, 33, Sandra Mynes, 43, and Jennifer Kaufman, 37, all of Merrillville.
Sfouris has fled to Greece.
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