Pubdate: Sat, 01 Jul 2006 Source: New York Times (NY) Copyright: 2006 The New York Times Company Contact: http://www.nytimes.com/ Details: http://www.mapinc.org/media/298 Author: Alan Feuer Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) JUDGE ACQUITS 2 EX-DETECTIVES IN MOB KILLINGS A federal judge tossed out the racketeering convictions of two retired New York City detectives yesterday -- including eight murders for the mob -- because the statute of limitations had run out, despite citing overwhelming evidence that the men had committed "heinous and violent crimes." The ruling by Judge Jack B. Weinstein entirely reversed the conviction of the two detectives, Louis J. Eppolito and Stephen Caracappa, who were found guilty in April of some of the most stunning corruption charges in the city's history. Although a jury found that Mr. Eppolito and Mr. Caracappa had participated, as paid assassins, in killings for the mob, the judge acquitted the two men on the murder counts of the racketeering conspiracy, though not on evidentiary grounds. But the judge left open the possibility that the prosecution could seek to retry the defendants on a drug charge, and Mr. Eppolito, alone, on a money-laundering count. The ruling, in a 102-page order that touched upon Thomas More and the sanctity of the Constitution, was the latest and most severe turn in the 15-month case. It shocked the United States attorney's office in Brooklyn, which said it would appeal. And it bitterly disappointed the families of the victims in the case, some of whom had given heart-rending testimony at the two men's sentencing last month, where they were given life terms. The decision sent a surge of joy through the offices of the defendants' new lawyers, one of whom, Joseph Bondy, called it "the most substantial legal victory" in recent history. It also threatened to disrupt the careers -- and the book deals -- of some investigators in the case. And it led to the bizarre prospect that the two detectives -- whom Judge Weinstein outright accused in his order of being stone-cold killers -- could walk free from federal detention in Brooklyn as early as next week. The judge waxed eloquent in acknowledging that his decision might seem strange to some. "It will undoubtedly appear peculiar to many people that heinous criminals such as the defendants, having been found guilty on overwhelming evidence of the most despicable crimes of violence, should go unwhipped of justice," he wrote. "Yet our Constitution, statutes and morality require that we be ruled by the law, not vindictiveness or the advantages of the moment." The judge also wrote that even though there was little doubt that Mr. Eppolito and Mr. Caracappa had "kidnapped, murdered, and assisted kidnappers and murderers," he had no choice but to let them go because the five-year statute of limitations in conspiracy cases had run out. His ruling was hardly the first mention of the statute of limitations. Virtually from the outset of the case, Judge Weinstein said he was queasy about the decision to accuse the men of an overarching conspiracy that included the eight gangland murders, all in Brooklyn in the 1980's and 1990's, and a much more recent -- and less serious -- charge of selling an ounce of methamphetamine in Las Vegas last year. In October, the defense team seized upon the judge's qualms and moved to quash the case before the trial, saying, in essence, that the government had strapped the drug charge onto the murder charges "to freshen up" the case and to avoid the statute of limitations. Judge Weinstein denied the motion, deciding instead to go to trial and see if the government could prove that an "ongoing criminal enterprise" indeed stretched from the streets of Brooklyn to the casinos and subdivisions of Las Vegas. Judge Weinstein's ruling spiked that argument, and no matter how pained he seemed to be in vacating the convictions, he took the government to task. "The government's case against these defendants," he wrote, "stretches federal racketeering and conspiracy law to the breaking point." There was a certain incongruity lurking in the fact that the statute of limitations was practically the first issue raised in pretrial hearings by the defendants' former lawyers, Bruce Cutler and Edward Hayes, who just this week were forced to appear in court to defend themselves against charges of incompetence that had been filed against them by the two detectives. Judge Weinstein threw those charges out. Still, it was in keeping with the topsy-turvy nature of the case that the very argument that the fired legal team had offered in their former clients' defense was the one that eventually prevailed. The judge's ruling provided a much more sweeping victory than the defendants would have gotten with a finding that their lawyers were incompetent. In that case, they would have been retried. Now there can be no new trial on the racketeering charges, although a higher court could reinstate the convictions. Reached at his office, Mr. Hayes was at first speechless -- a rarity for a man who once sang "Danny Boy" in open court. He said the prosecution had made a grave tactical error by not allowing the case to be tried in state court, which has no statute of limitations on murder, instead of using the federal racketeering charges, which have the five-year limitation. "But this is a Justice Department that more than any in my lifetime has shown a mad-dog desire to control everything and to ignore the law," he said. "And they paid the price in this case." Mr. Cutler said it would have been difficult for a jury to acquit on what some might see as a technicality, but he praised Judge Weinstein for his independence. "I take comfort in the fact that there are judges who do what they think is right," he said. Robert Nardoza, a spokesman for the United States attorney's office in Brooklyn, released a terse statement yesterday supporting the jury's verdict. "The jury in this case unanimously found Eppolito and Caracappa guilty of racketeering and murder based on overwhelming evidence," the statement read. "And based on the law that was given to them by the court, each of the 12 jurors specifically found that the defendants' heinous crimes were committed within the statute of limitations. We intend to pursue an appeal." - --- MAP posted-by: Beth Wehrman