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On the last day of the trial just before the prosecution was called to sum up their case, Judge Weinstein ordered that Casso be called to speak about the details of his letters. This occurred on March 30, 2006, The transcript of this telephone conversation is attached below.

 In ordering a phone call with Casso, Judge Weinstein said that he had already determined Casso and the defendants were co-conspirators during a 20-year period. To make matters worse, neither Eppolito's nor Caracappa's attorneys were present during this call. Instead of representing their clients, they sent associates from their law firm (Ms. Kosetz and Ms. Schein). Eppolito's attorney, Cuttler had sent Bettina Schein, who by coincidence, had been the attorney in an earlier trial in which it was alleged a lead FBI agent had been an informant for the mob. At the same time, former lead FBI Agent R. Lin DeVecchio had just been indicted on four counts of second-degree murder for supplying information to the mob which lead to the murders of members of a rival faction. Because of her involvement in the previous trial, no one knew more about the alleged corruption of the just-indicted former FBI agent. Yet, inexplicably, when Casso said his informant was not the so-called Mafia Cops, but an allegedly corrupt FBI agent, during the telephone conversation, Schein failed to ask the question that could have blown the case wide open — "What was the name of the allegedly corrupt FBI agent? Had Casso ever heard of a man named Lin DeVecchio?! Had Casso ever heard of Greg Scarpa, Sr, the mobster DeVecchio was allegedly working for in the previous trial in which Schein was a lead attorney?"

Casso would later admit that Scarpa was not only his best friend but that DeVecchio was the allegedly corrupt FBI agent from whom he had received the information supposedly given him by the defendants. Schein never asked the questions and the Judge saw to it that the jury never heard a word about Casso exonerating the two so-called Mafia Cops.

Thus, the jury returned a guilty verdict without ever knowing that the mobster who had supposedly hired the NYPD detectives on trial had completely exonerated them of all the crimes with which they were charged and implicated instead a former FBI agent named DeVecchio who had just been indicted literally across the street on four counts of second-degree murder.

There is another coincidence that should have recused Judge Jack Weinstein from this trial: he was the presiding judge at that earlier trial in 1995 where DeVecchio was accused of being an informant to the Colombo Crime Family through Gregory Scarpa, Sr. He knew everything about the Casso letters and the corroborating note from the jailhouse snitch as well as Casso's guilt in the murder of James Hydell. The judge simply brushed off any alleged corruption from the FBI stating that DeVecchio had a "troublingly cozy relationship" with Gregory Scarpa, Sr.

We believe that Judge Weinstein was concerned about his legacy, given his advanced age at the time of the trial. Thus, if it was shown that Eppolito and Caracappa had been railroaded into the conspiracy to cover up the criminal behavior of Lin DeVecchio. The judge could have been worried that it would destroy his legacy. So, as shown in this memo, he disallowed dissemination of the transcript of the Casso phone conversation exonerating the detectives until after Casso testified (which he never did because Judge Weinstein saw to it that he was never called to the stand).

Meanwhile, as mentioned in Episode 2, Bettina Schein never once asked Casso whether he knew DeVecchio or about his relationship with Gregory Scarpa, Sr. The answers to those questions could have set her clients free. 

Caracappa died in prison of Stage 4 Cancer but Louie Eppolito remains in maximum prison for the past 15 years with no chance of parole.

Episode 3 Podcast

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A telephone conversation between Anthony Casso and the Mafia Cops' alternate attorneys where Casso exonerates the defendants.
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