Street agents working the hijack world said Massino was known to specialize in ground coffee, liquor, and clothing. So when Colgan suddenly saw Massino appear around the Hemingway truck, it raised suspicion that he was involved with the theft of the vehicle.
Massino should have kept on driving away. Instead, he came back and was himself arrested. The Hemingway incident then became the first time in Massino’s life that the federal government had nabbed him. Granted, the Hemingway heist wasn’t the biggest crime around. The trailer was filled with blankets and clothing. But it led to Massino’s first federal indictment. What also made the case noteworthy was that it was the only time Massino would ever take the witness stand in his own defense, perhaps the only Mafia leader of note to ever do so in his career. By testifying, Massino won a dismissal of the first serious set of charges ever lodged against him.
Massino and Wean, who lived in Whitestone, were indicted by a Brooklyn federal grand jury in 1975 on charges that they conspired to receive 225 cartons of merchandise stolen from an interstate shipment contained in the Hemingway truck. They were also both charged with possessing the stolen shipment. In addition, Massino, because of his drive by and return to the scene when Wean was being arrested, was charged with trying to hinder Wean’s apprehension. Records show both men made bail, with Massino posting a $10,000 bond secured by one of his business properties.
Massino’s lawyer was Eugene G. Mastropieri, a city councilman who also practiced law (as city rules allowed). Court records show that Wean’s and Massino’s cases were severed, meaning one would be tried without the other. Wean went to trial first.
It was close to Thanksgiving in 1976 that the Brooklyn federal judge Edward Neaher impaneled a jury in Wean’s case. By that time the case had been simplified even more because prosecutors had decided to drop the conspiracy charge and just try Wean on the one count of being in possession of stolen property. The government used Colgan and some other FBI agents, as well as the truck driver, Salvatore Taboh, as their key witnesses. There was some suspicion among the agents that the driver might have given up the truck too easily and thus was complicit in the crime. But that was never proven. In reality, the credibility of the agents was crucial for the case; the defense attorney, Robert Weisswasser, attacked Colgan in his opening statement as an “out right fabricator, a liar, a perjurer.” The defense would also make an issue of the fact that the agents didn’t immediately dust the keys found in the truck cab for fingerprints.
Weisswasser’s tactics of attacking law enforcement didn’t work. The jury quickly found Wean guilty of the charge of possession of the two hundred and twenty five cartons of stolen property found in the truck.
For Massino, the situation became more interesting. Judge Neaher held a hearing to determine a rather fundamental legal issue: was Massino read his Miranda rights when he was arrested on March 11, 1975? If the agents didn’t properly Mirandize him, then his statements during the arrest would be invalid and that could destroy the case against him. Since the groundbreaking U.S. Supreme Court ruling in the Miranda case in 1963, law enforcement officers were under an obligation to tell defendants a series of warnings, among them that they had the right to remain silent, that anything they said could be used against them, and that they had a right to have a lawyer appointed to represent them if they couldn’t afford to pay for one. The giving of the warnings had become elementary for all agents and cops but sometimes there were screw-ups or the circumstances were ambiguous, all of which led to so-called suppression hearings being held by the court.
Suppression hearings often boil down to a defendant’s version of events being pitted against those of the arresting officers. On
Massino should have kept on driving away. Instead, he came back and was himself arrested. The Hemingway incident then became the first time in Massino’s life that the federal government had nabbed him. Granted, the Hemingway heist wasn’t the biggest crime around. The trailer was filled with blankets and clothing. But it led to Massino’s first federal indictment. What also made the case noteworthy was that it was the only time Massino would ever take the witness stand in his own defense, perhaps the only Mafia leader of note to ever do so in his career. By testifying, Massino won a dismissal of the first serious set of charges ever lodged against him.
Massino and Wean, who lived in Whitestone, were indicted by a Brooklyn federal grand jury in 1975 on charges that they conspired to receive 225 cartons of merchandise stolen from an interstate shipment contained in the Hemingway truck. They were also both charged with possessing the stolen shipment. In addition, Massino, because of his drive by and return to the scene when Wean was being arrested, was charged with trying to hinder Wean’s apprehension. Records show both men made bail, with Massino posting a $10,000 bond secured by one of his business properties.
Massino’s lawyer was Eugene G. Mastropieri, a city councilman who also practiced law (as city rules allowed). Court records show that Wean’s and Massino’s cases were severed, meaning one would be tried without the other. Wean went to trial first.
It was close to Thanksgiving in 1976 that the Brooklyn federal judge Edward Neaher impaneled a jury in Wean’s case. By that time the case had been simplified even more because prosecutors had decided to drop the conspiracy charge and just try Wean on the one count of being in possession of stolen property. The government used Colgan and some other FBI agents, as well as the truck driver, Salvatore Taboh, as their key witnesses. There was some suspicion among the agents that the driver might have given up the truck too easily and thus was complicit in the crime. But that was never proven. In reality, the credibility of the agents was crucial for the case; the defense attorney, Robert Weisswasser, attacked Colgan in his opening statement as an “out right fabricator, a liar, a perjurer.” The defense would also make an issue of the fact that the agents didn’t immediately dust the keys found in the truck cab for fingerprints.
Weisswasser’s tactics of attacking law enforcement didn’t work. The jury quickly found Wean guilty of the charge of possession of the two hundred and twenty five cartons of stolen property found in the truck.
For Massino, the situation became more interesting. Judge Neaher held a hearing to determine a rather fundamental legal issue: was Massino read his Miranda rights when he was arrested on March 11, 1975? If the agents didn’t properly Mirandize him, then his statements during the arrest would be invalid and that could destroy the case against him. Since the groundbreaking U.S. Supreme Court ruling in the Miranda case in 1963, law enforcement officers were under an obligation to tell defendants a series of warnings, among them that they had the right to remain silent, that anything they said could be used against them, and that they had a right to have a lawyer appointed to represent them if they couldn’t afford to pay for one. The giving of the warnings had become elementary for all agents and cops but sometimes there were screw-ups or the circumstances were ambiguous, all of which led to so-called suppression hearings being held by the court.
Suppression hearings often boil down to a defendant’s version of events being pitted against those of the arresting officers. On
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