Judge & Jury

Chapter 12

"ON THE MORNING of August sixth, 1993," U.S. Attorney Joel Goldenberger began,"Samuel Greenblatt, a happily married sixty-two-year-old building contractor, was brutally murdered outside his home in Union, New Jersey." The prosecutor pointed to a photographic enlargement resting on an easel. It depicted a smiling, slightly balding man with his wife at his sixtieth birthday party.

The jury stared at the face.

"A car pulled up as Greenblatt left for the office that morning. Two men in caps and sunglasses jumped out and shot him,multiple times, as he stepped onto the street. The victim looked at his killers and muttered, ‘Why?' Then he called out, ‘Fra

One of Goldenberger's assistants passed out graphic police photographs showing the victim's bloodied corpse. One or two women in the jury box squirmed and shook their heads."Now, no one is claiming Sam Greenblatt was an angel. In fact, he had assisted the Guarino crime family on several union-tampering construction jobs. He had secured bogus contracts for the family through the Local 407, a contracting union the family controlled.

"But what the governmentis saying," the prosecutor continued, gripping the sides of his table,"and what will be repeatedly backed up by the words of several key witnesses, is that the defendant, Dominic Cavello, gave the direct order for Mr. Greenblatt's execution. That the very killers were chosen by Mr. Cavello and rewarded by him-with money and promotions in the organization to which they all belonged. And what was the motive for this killing? Why did Mr. Greenblatt need to be eliminated? Because Mr. Cavello and his cronies believed they were the subject of a state law enforcement investigation, an assumption that turned out to be false. They simplythought Mr. Greenblatt could do them harm."

The prosecutor stepped away. He placed his hands on the jury box."But the killing didn't end there. Contrary to the movies, mob hits don't always go according to plan. What you're going to hear is that this murder spawned a series of killings,three, in fact-all ordered by Mr. Cavello with the goal of covering up the first one.

"You're going to hear of union tampering and construction fraud. Of extortion. Loan-sharking. You're going to hear, above all, that Mr. Cavello was the boss of the Guarino crime family. The Boss of Bosses, in fact, using the Colombian and Russian crime syndicates to do his dirty work, a man whose principal business was to enrich himself at the misery and misfortune of any who stumbled into his way. The testimony you will hear will not be hearsay, as the defense would like you to believe, but facts from people who knew Mr. Cavello personally, who participated in these crimes. The defense will surely tell you that these people are not exactly i

"But make no mistake," Goldenberger said as he looked each member of the jury in the eyes,"in their stories you will hear the truth. It will be the preponderance of evidence and detail, all backing each other up, that will convince you that Mr. Cavello was the man giving the orders. You will hear the words he used, hear his reactions. And, under the law, that makes him as guilty of the crimes as if he pulled the triggers himself. I hope you will see Mr. Cavello for what he is, ladies and gentlemen: a vicious, cold-blooded killer."

Chapter 13

LOUIS MACHIA, the prosecution's first witness, stepped up to the stand and was sworn in. Machia had been a loyal soldier in Cavello's crime family. He was tall and broad-shouldered, with thick black hair, and was wearing a gray golf shirt.

With a pleasant smile, he looked around the courtroom at the jurors and the press. Never once did his gaze drift anywhere near Cavello.

"Good morning, Mr. Machia," U.S. Attorney Joel Goldenberger said as he stood up.

"Morning, Mr. Goldenberger."

"Can you tell us your current address, Mr. Machia?" the prosecutor asked.

"My current address is a federal prison. I'm afraid I can't divulge which one."

"A federal prison?" The prosecutor nodded."So, for the sake of the jury, you've been convicted of a crime?"

"Many crimes. Under the terms of my 509 agreement, I admitted to all sorts of them."

"Can you describe these crimes for us? What you pleaded guilty to?"

"Allof them?" The gangster chuckled."That would take a lot of time."

Several people in the courtroom laughed out loud. The jury, too. Even Judge Seiderman put a hand in front of her face to conceal a smile.

"How about we start with just the major ones, Mr. Machia?" Joel Goldenberger gri

"Thehighlights…" Machia bunched his lips."Well… murder.Two murders, actually. Attempted murder, assault with a deadly weapon, breaking and entering, loan-sharking, drug trafficking, auto theft…"

"That'll do, Mr. Machia. You're right, there is a lot to choose from. So it's fair to say you've been breaking the law for a long time?"

"Pretty much since I learned to use a fork." Louis Machia nodded thoughtfully.

"And these crimes," the prosecutor said,"these are all things you've pla

"Sometimes, Mr. Goldenberger, if I catch your drift. Other times I was told to do them."

"Told?"

"Ordered, Mr. Goldenberger." The gangster took a swig of water."By the family."

"Thefamily. " Goldenberger stepped toward the witness."Is it safe to say that for the past twenty years or so you've been a member of an organized crime family?"

"Very safe, Mr. Goldenberger. I was a soldier. In the Guarino family."

"The Guarino crime family. Your Honor, with your permission, I'd like to show an exhibit to the jury."

One of the assistant prosecutors put a large poster board covered with small photographs on an easel in front of the jury. It showed a pyramid-like family tree of about fifty faces. On the bottom,soldiers; on the level above that,captains; and on the highest tier were the leaders. That's where Cavello's face was displayed, above the headingBoss.

"This is a current depiction of the Guarino crime family, is it not, Mr. Machia?"

The witness nodded."Yes. At the time of my convictions."

"And that's your face there, is it not, to the left, among those listed as soldiers?"

He smiled affably."It's an old picture. Not my best. But yes, that's me."

"Sorry, Mr. Machia, next time we'll be sure to update it. What I want to know is if you werealways a soldier in this family, Mr. Machia, or did you have to work your way up the ranks?"

"Everybody's got to work their way up. I got in by my uncle Richie. I started doing little jobs. Picking up some cash, stealing a car. A B and E."

"By ‘B and E,' you mean ‘breaking and entering'? A burglary?"

"Yes, that's right, Mr. Goldenberger. Maybe knocking someone's head clear, so they'd see the light."

Again, a few snickers trickled through the courtroom.

"And then you graduated," Goldenberger pressed on."I mean, from petty stuff, like knocking people's heads clear, to some of the more serious crimes you've admitted to. Murder, attempted murder, drug trafficking…"