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UNITED STATES v. ORENA

January 31, 1995

UNITED STATES OF AMERICA, against VICTOR M. ORENA, also known as "Vic, Jr.," THOMAS PETRIZZO, JOHN T. ORENA, VINCENT CASCIO also known as "Schwartzie," JOSEPH AUDINO, also known as "Chubby," PAUL BEVACQUA, also known as Paulie Guns," FRANK POLITE and ROCCO MIRAGLIA, JR., Defendants.


The opinion of the court was delivered by: EUGENE H. NICKERSON

 NICKERSON, District Judge:

 The defendants, alleged to be aligned with the Orena faction of the Colombo Organized Crime Family (the Colombo Family), have been indicted (1) for conspiracy to murder members of the Persico faction of the Colombo Family in violation of 18 U.S.C. § 1959(a)(5), and (2) for using and carrying firearms during and in relation to the crime of violence charged in the first count, in violation of 18 U.S.C. § 924(c)(1).

 The defendants have made various motions, some of which this judge, by order dated January 20, 1995, referred to Judge Edward R. Korman. The motions now before this judge are for the following relief.

 1. To dismiss the indictment on the ground of double jeopardy (made by Victor M. Orena and John T. Orena).

 3. To dismiss Count One on the ground that 18 U.S.C. § 1959 is unconstitutionally vague (made by Thomas Petrizzo).

 4. To require the government to plead and prove (a) every element of every state offense underlying the offense charged under 18 U.S.C. § 1959, (b) all defenses and the corroboration of any accomplice testimony (made by Thomas Petrizzo).

 5. To dismiss the indictment for failure to provide defendants sufficient specifics to put them on notice (made by Thomas Petrizzo).

 6. To strike paragraphs Ten and Eleven of the indictment as containing prejudicial surplusage (made by Thomas Petrizzo).

 7. To require the government to provide material required by Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194 (1963), a witness list, and information as to the beneficial treatment of witnesses (made by Thomas Petrizzo).

 8. To require the government to preserve the originals of handwritten notes of law enforcement interviews with witnesses (made by Thomas Petrizzo).

 9. To require the government to file a bill of particulars (made by Thomas Petrizzo).

 10. To dismiss Count Two on the ground that there will not be sufficient evidence to support it or in the alternative to inspect the grand jury minutes (made by Frank Polite).

 11. To require the government to play certain tapes without giving the jury transcripts (made by Frank Polite).

 12. To suppress a beeper seized from Frank Polite.

 13. To suppress evidence found on the person of Rocco Miraglia and in his auto.

 14. To suppress statements made by Vincent Cascio.

 15. To suppress evidence seized from Paul Bevacqua and ...


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