Judge rules longtime Philadelphia mob reporter can cover Scarfo Jr trial
A veteran reporter who has covered organized crime in
Philadelphia and South Jersey for more than 40 years will be permitted to watch
a white-collar mob trial, despite his name appearing on the witness list, a
judge ruled Thursday.
George Anastasia, who wrote for the Inquirer until October
2012, was put on the defense's witness list in State vs. Scarfo et al, a
federal case alleging reputed mobster Nicodemo Scarfo (son of jailed
Philadelphia mob boss Nicky Scarfo Jr.) and an associate, Salvatore Pelullo, along
with several attorneys, orchestrated a massive racketeering scheme netting them
millions.
Anastasia had planned to report on the case for BigTrial.net
but has been blocked from entering the courtroom since the beginning of the
month because his name was on the potential witness list. The defense had
requested that potential witnesses be sequestered.
On Thursday, Judge Robert Kugler granted a motion to end
Anastasia's sequestration.
"Frankly, I'm not convinced at all that Mr. Anastasia
has any admissible evidence," Kugler said.
In 40 years, Anastasia said, he's never been put on a
witness list.
"It's a First Amendment issue; it sets a
precedent," Anastasia said. "It could mean for any trial, an attorney
or a defendant knows a reporter who, for whatever reason, they don't want to
report on a case, they can just put them on the witness list."
The case charges Scarfo, Pelullo and lawyers Gary McCarthy,
David Adler, Donald Manno, and John and William Maxwell in a 25-count
indictment alleging that they defrauded shareholders of the Texas-based
FirstPlus financial mortgage company out of $12 million.
Defense attorneys have argued that the company was ill-fated
from the start and there was no financial impropriety. They also say references
to the mafia are a distraction technique used by the government.
Pelullo's attorney J. Michael Farrell said he wanted
Anastasia to testify that he never linked Pelullo to organized crime in a
published article until the indictment in the FirstPlus case came out.
Farrell, whose voice rose to a shout at some points during
his motion, said such testimony would help refute the government's claim that
Pelullo was a mob associate.
"The fact that he did not (mention him prior to 2006)
makes the fact that he is not an associate more likely," Farrell said.
"How do you know any of that?" Kulger asked.
"How do you know that Mr. Anastasia has never before received information
linking your client to organized crime?"
"I'll take that risk," Farrell said.
"You're not going to get to take that risk,"
Kulger said.
Anastasia's attorney, Maxwell Kennerly, said a database
search of articles could easily produce the same information Farrell was
seeking and was not grounds for Anastasia's testimony.
"Any information that Mr. Anastasia possesses is the
result of his news-gathering activities," Kennerly said, adding that he
would likely oppose any subpoenas under First Amendment privilege rights
granted to journalists.
Courts have long upheld a reporter's right to cover legal
proceedings, and in New Jersey, shield laws protect journalists from revealing
confidential sources.
The trial, which is expected to last up to three months, is
in its fourth week.
On Thursday, David Roberts, who worked with Pellulo to acquire
FirstPlus, testified about how Pelullo, in conjunction with attorney William
Maxwell, sent threatening letters to board members asking them to step down.
The initial strategy was to purchase enough stock to acquire
the bankrupt company, Roberts said, but when the group couldn't come up with
the money, Pelullo and others turned to threats and blackmail.
The letters, drafted four days before the takeover in June
2007, included allegations of sexual assault, financial impropriety, and
threats of calling federal authorities to report them.
At a celebratory dinner after the old board had been
dismantled and a new one taken the helm, Roberts - who was made a new board
member - said Pelullo took him outside and told him, "I just made you a
millionaire."
Roberts said that a few weeks later, Pelullo's tone changed
dramatically when he threatened him, as well as John and William Maxwell, also
defendants in the case.
"He said that if we ever rat, our wives will be
(expletive) by (expletive), and our children will be sold off as
prostitutes," Roberts said.
For Roberts, who thoughts went to his daughters, who were 3
and 5 at the time, it was a jarring statement.
"I was upset and terrified but my decisions were, I was
following whatever needed to be done" for the company, he said.
http://www.philly.com/philly/news/new_jersey/20140131_Longtime_mob_reporter_can_cover_Scarfo_trial__judge_rules.html#egpEQzwRL6BS1MDP.99
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