Former New York City police detective Louis Eppolito exits Brooklyn Federal Court in New York, in this Thursday, July 21, 2005, file photo. (AP Photo/ Louis Lanzano)
Posted on 06/30/2006 12:37:15 PM PDT by NormsRevenge
NEW YORK - 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.
Prosecutors had countered that the murders were part of an ongoing conspiracy that lasted through a 2005 drug deal with an FBI informant.
In a 77-page ruling, Weinstein agreed with a jury that Eppolito and Caracappa were guilty of murder, kidnapping and other crimes, but he said the law compelled him to set aside the verdict.
"The evidence at trial overwhelmingly established the defendants' participation in a large number of heinous and violent crimes," the judge 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."
After the detectives retired and moved to Las Vegas in the mid-1990s "the conspiracy that began in New York in the 1980s had come to a definite close," the judge wrote. "The defendants were no longer in contact with their old associates in the Luchese crime family."
There is no statute of limitations on murder in the state of New York, but the men were prosecuted at the federal level because of the higher likelihood of a conviction for racketeering.
Eppolito, 57, whose father was a member of the Gambino crime family, and Caracappa, 64, were convicted in April in what was considered one of the worst cases of police corruption in New York history.
"It's exactly what we argued during the trial," said Edward Hayes, Caracappa's trial lawyer. "I am very happy for my client, and I do feel it is a vindication of our trial strategy."
Former New York City police detective Louis Eppolito exits Brooklyn Federal Court in New York, in this Thursday, July 21, 2005, file photo. (AP Photo/ Louis Lanzano)
Former New York police detective Louis Eppolito enters a Brooklyn federal court, March 13, 2006. Two former New York police detectives were sentenced to life in prison on Monday after they were convicted of using their badges to help commit murder on behalf of organized crime. (Seth Wenig/Reuters)
Since when is there a statute of limitations on murder?
Speechless....
Since WHEN as there been a statute of limitations on murder?
I would have that judge investigated.
My word, this dude's eaten a lot of donuts in his time!
I wonder how much some people made off of letting the statute run out?? More mob "justice". When you look around this country of ours now, just too much boils down to "how much money or influence you have to buy your way around the law"....Washington, DC, the mob, very little difference. Dollars or votes, the two most powerful mediums of "exchange" in the world.
Let me guess his nickname, Large Louis.
(Downtown Brooklyn-WABC, June 6, 2006) - It's sentencing day for the so called "Mafia Cops." Former NYPD detectives Louis Eppolito and Steven Caracappa face life in prison. The two former NYPD detectives are due in Brooklyn federal court today. They face life in prison without the possibility of parole. This afternoon at 2:00 the two face a judge in court today.
(NY Newsday)
Steven Caracappa
"There is no statute of limitations on murder in the state of New York, but the men were prosecuted at the federal level because of the higher likelihood of a conviction for racketeering."
Greedy feds blew this one by not letting NY do the trial.
Makes ya wonder if the Judge isn't on the take to the mob????? Just a thought.....
What's going on here? The statue of limitations for murder can't be five years. Is the statute of limitations for conspiracy? So they throw the baby out with the bathwater?
The judge followed the law. Isn't that what you want judges to do? Jeez. How about going after whoever made a federal case out of this?
Now that they have been convicted, can the families sue these scum on the violation of the civil liberties of the people they killed (think: OJ)
I could be wrong,but I would think that they can be tried for murder (and perhaps other things) in NY courts. I think the convictions that were dismissed were fro racketeering,conspiracy and such.
Did you get up on the wrong side of the bed today?
It was a joke, have you ever heard of them, or are you the type that is 'serious' all their lives????
Get a grip....
Just another day for Weinswine. He needs to clear his docket so he can pursue his personal vendetta against the NRA, gun manufacturers and gun dealers.
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