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echo: barktopus
to: Dave Ings
from: Rich Gauszka
date: 2006-06-30 17:38:52
subject: Re: Statue of Limitations on Murder

From: "Rich Gauszka" 

I thought the judge ruled that the statute of limitations applied to the
raketeering charge?

http://www.nytimes.com/2006/06/30/nyregion/30cnd-cops.html?hp&ex=1151726400&en=
d083bda4071e2d70&ei=5094&partner=homepage

"Nevertheless, an extended trial, evidentiary hearings, briefings and
argument establishes that the five-year statute of limitations mandates
granting the defendants a judgment of acquittal on the key charge against
them - racketeering conspiracy."

The ruling was hardly the first time the issue of the statute of
limitations had come up. Virtually from the outset of the case, Judge
Weinstein has said that he was queasy about the legal connection between
the eight gangland murders, all of which were alleged to have occurred in
Brooklyn in the 1980's and 1990's, and a much more recent - and much less
serious - charge of selling a single ounce of methamphetamine in Las Vegas
last year. At a bail hearing in July, for instance, Judge Weinstein sternly
warned the government that the connection between these "New York and
Nevada acts" was "thin." The following month, he warned the
prosecution yet again about the link it had made, saying if the murder
charges formed "a separate conspiracy from the drug case, you're
out."


"Dave Ings"  wrote in message
news:44a57dca{at}w3.nls.net...
> There's a statute of limitations on murder charges in New York state? If
> so, for goodness' sake why? Too weird ... maybe Gary can explain how this
> can be ... so as a consequence two people who grievously betrayed their
> public trust walk free?
>
> http://tinyurl.com/ebdnc
>
> NEW YORK (AP) -- A judge on Friday threw out a racketeering murder
> conviction against two detectives accused of moonlighting as hitmen for
> the mob, saying the statute of limitations had expired on the slayings.
> U.S. District Judge Jack Weinstein also granted a new trial to the
> defendants, Louis Eppolito and Stephen Caracappa, on money laundering and
> drug charges.
>
> Defense attorneys had argued that the five-year statute of limitations had
> expired on the most serious allegations against the pair -- that they
> committed or facilitated eight killings between 1986 and 1990 while on the
> payroll of both the New York Police Department and Luchese crime family
> underboss Anthony "Gaspipe" Casso.
>
> 
>
> "The evidence at trial overwhelmingly established the defendants'
> participation in a large number of heinous and violent crimes," he wrote.
> "Nevertheless an extended trial, evidentiary hearings, briefings and
> argument establishes that the five-year statute of limitations mandates
> granting the defendants a judgment of acquittal on the key charge against
> them -- racketeering conspiracy."
> --
> Regards,
> Dave Ings,
> Toronto, Canada
>
>
>

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