A Dark Day For Racing
The Needle & the Damage Done
Definition of a Handy Workout
Definition of a Breezing Workout
Rolling with the Wiseguys
Mucho Trabajo, Poco Dinero
The Day the Music Died
1 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
4 THE UNITED STATES OF AMERICA
6 JAMES v. DELAURENTIS,
MITCHELL H. COHEN UNITED STATES COURTHOUSE
9 1 JOHN F. GERRY PLAZA
CAMDEN, NEW JERSEY 08101
10 MARCH 6, 2001
B E F O R E: THE HONORABLE STEPHEN M. ORLOFSKY
12 UNITED STATES DISTRICT JUDGE
14 A P P E A R A N C E S:
15 ROBERT T. CLEARY, UNITED STATES ATTORNEY
BY: MARY A. FUTCHER, ESQUIRE
16 MICHAEL F. BUCHANAN, ESQUIRE
ASSISTANT UNITED STATES ATTORNEY
JACOBS AND BARBONE
19 BY: LOUIS M. BARBONE, ESQUIRE
ATTORNEY FOR DEFENDANT JAMES DELAURENTIS
23 THEODORE M. FORMAROLI, C.S.R.
NEW JERSEY CSR # 433
24 OFFICIAL U.S. REPORTER.
10 RONALD M. PREVITE
11 DIRECT EXAMINATION OF MR. PREVITE BY MS. FUTCHER:. 786
1 MS. FUTCHER: Yes, your Honor. Ronald Previte.
2 THE COURT: Mr. Previte, would you please take the
3 witness stand and be sworn.
4 (RONALD M. PREVITE, HAVING BEEN DULY SWORN, TESTIFIED AS
6 THE COURT: Good afternoon Mr. Previte.
7 THE WITNESS: Good afternoon, your Honor.
8 THE COURT: Mr. Previte, please have a seat. You can
9 pull that microphone towards you so that you are comfortable.
10 If you are thirsty, there is a pitcher of water to your
12 THE WITNESS: Yes, sir. Thank you, your Honor.
13 THE COURT: Ms. Futcher, you may proceed.
14 MS. FUTCHER: Thank you, your Honor.
15 (DIRECT EXAMINATION OF MR. PREVITE BY MS. FUTCHER:)
16 Q. Mr. Previte, were you a confidential informant for the
17 Federal Bureau of Investigation?
18 A. Yes, I was.
19 Q. And when were you a confidential informant for the FBI?
20 A. Approximately 1992 to 1997.
21 Q. And before you became a confidential informant for the
22 FBI, were you a confidential informant for any other law
23 enforcement agency?
24 A. Yes, I was.
25 Q. And when was that?
1 A. Approximately 1985 up to 1992, in that area.
2 Q. Okay. And Mr. Previte, what did you do as a
3 confidential informant?
4 A. Report criminal activity.
5 Q. And to whom did you report the criminal activity?
6 A. Whatever agency I was reporting to at the time.
7 Q. Now, when you were reporting criminal activity to the
8 New Jersey State Police, can you tell us what types of
9 criminal activity you were reporting on at that time?
10 MR. BARBONE: Objection, Judge. He didn't clarify he
11 was reporting to the New Jersey State Police.
12 THE COURT: Sustained. You haven't laid the
13 foundation, Ms. Futcher.
14 MS. FUTCHER: Very well. I'm sorry.
15 BY MS. FUTCHER:
16 Q. Mr. Previte, other than being a confidential informant
17 for the FBI, were you a confidential informant for any other
18 law enforcement agency?
19 A. Yes .
20 Q. And I'm sorry. When was that?
21 A. 1985 to 1992.
22 Q. And I did not ask you who that was for, I'm sorry.
23 A. The New Jersey State Police.
24 Q. And when you were reporting information to the New
25 Jersey State Police, can you tell us what types of criminal
1 activity you were reporting on?
2 A. Various criminal activity, auto theft rings, drugs,
3 thefts, and some organized crime activity.
4 Q. Okay. And how about then when you became a confidential
5 informant for the FBI, what type of information were you
6 providing to the FBI?
7 A. Basically, information on organized crime.
8 Q. And can you tell the jurors how it was that you had
9 access to organized crime information?
10 A. Yes, I was member of organized crime.
11 Q. And when did you become a member of organized crime?
12 A. I became a member of organized crime on or about 1992,
14 Q. And what family were you a member of?
15 A. The Philadelphia La Cosa Nostra.
16 Q. And what territories or what areas does the Philadelphia
17 La Cosa Nostra operate in primarily?
18 A. Basically, the Philadelphia, South Jersey area.
19 Q. And can you tell us who the boss was of the family at
20 the time you became a member?
21 A. John Stanfa.
22 Q. Now, at the time were you personally engaging in any
23 illegal activity that led to your contact with organized
25 A. Yes, I was a bookmaker at the time.
1 Q. Now, Mr. Previte, do you know the defendant, James
3 A. Yes, I do.
4 Q. Do you see him present in the courtroom today?
5 A. Yes, I do.
6 Q. Could you please point to him or indicate what he is
8 A. White shirt with suspenders right there.
9 MS. FUTCHER: Indicating for the record the
10 defendant, your Honor.
11 THE COURT: So noted.
12 MS. FUTCHER: That's correct, your Honor.
13 BY MS. FUTCHER:
14 Q. Mr. Previte, how long have you known the defendant?
15 A. Long back as I can remember, I've known him all my life.
16 He was a neighbor of mine at one time.
17 Q. Okay. And where was he a neighbor at one time?
18 A. Harnmonton.
19 Q. Harnmonton --
20 A. Harnmonton, New Jersey.
21 Q. --New Jersey?
22 A. Yes, yes.
23 Q. And can you tell us just generally what type of
24 relationship you had with the defendant?
25 A. A relationship, a friendly relationship. At that time
l it wasn't, it was just --acquaintance relationship back
2 then, way back, you know, hello, good-by.
3 Q. Did there come a time when your relationship with the
4 defendant changed?
5 A. Yes.
6 Q. And how would you characterize your relationship then
7 with the defendant once your relationship with the defendant
9 A. Probably in the mid nineties we became pretty friendly,
10 yes, more of a --more than just a hello and good-by, you
11 know, we would see each other.
12 Q. Okay. And when you say you would see each other, can
13 you just tell us generally what types of --what types of
14 things that you saw each other about?
15 A. Lunch, dinner.
16 Q. Would you characterize yourself as being friends with
17 the defendant or having a friendly relationship with him?
18 A. Yes.
19 Q. Okay. Now, Mr. Previte I just want to go back, I want
20 to go back a little bit if you can explain to the jurors when
21 it was that you first had or developed your bookmaking
23 A. I've been a bookmaker for quite a longitime. I was a
24 small bookmaker in the seventies, and into the eighties. And
25 then I developed a fairly large bookmaking --I don't know
1 how to describe it --organization or something like that,
2 and I became larger.
3 Q. Okay. Now, just what is a bookmaker? What does a
4 bookmaker do?
5 A. A bookmaker does a lot of things. In my case, I was a
6 sports bookmaker, I took bets.
7 Q. On?
8 A. On sports, football, baseball, hockey, generally
9 whatever support was in season.
10 Q. Okay. And is it legal to run a bookmaking operation?
11 A. No, it's not, huh-huh.
12 Q. Okay. Now, when did you first become involved as a
14 A. I can remember taking bets back in the seventies.
15 Q. Okay. And how were you employed back in the seventies?
16 A. I was a Philadelphia police officer.
17 Q. When did you first become a Philadelphia police officer?
18 A. On or about 1967, in that time frame.
19 Q. And how long were you a Philadelphia police officer?
20 A. Ten, 12 years.
21 Q. And when you were first a Philadelphia police officer,
22 where were you assigned?
23 A. I was assigned to the 12th police district, that's at
24 65th and Woodland Avenue. Its encompasses the southwest part
25 of the city.
1 Q. Of Philadelphia?
2 A. Yes, ma' am.
3 Q. Okay. And did you commit crimes when you were assigned
4 to the 12th District as a Philadelphia police officer?
5 A. Yes, I did.
6 Q. Can you tell the jurors what types of crimes you
8 A. Thefts, stopped motorists, take money from them, take
9 money from drug users, if a place was burglarized and we went
10 in there later, I would take merchandise and stuff like that.
11 Q. Okay. And, did there come a time when were you
12 transferred from the 12th District?
13 A. Yes .
14 Q. And where did you go after were you transferred from the
15 12th District?
16 A. The police auto pound under the Penrose Ferry bridge.
17 Q. And did you commit crimes when you were assigned to the
18 auto pound?
19 A. Yes, I did.
20 Q. What crimes did you commit when were you assigned there?
21 A. Thefts.
22 Q. And from where?
23 A. From the auto pound, automobiles, trucks anything that
24 was entrusted to our care, if there was something on it to
25 take off, I took it off.
1 Q. Okay. And did there come a time when you left the auto
3 A. Yes .
4 Q. And did you actually end up leaving the police
6 A. Yes, I did.
7 Q. And why did you leave the police department?
8 A. I resigned.
9 Q. And why did you resign?
10 A. I was asked to resign.
11 Q. Who asked to you resign?
12 A. The police department, I don't know who at the time, but
13 the hierarchy asked me to leave.
14 Q. Were you asked to resign as a result of crimes that you
15 had committed?
16 A. That's correct.
17 Q. Okay. And, now, after you left the police department,
18 where did you go next?
19 A. My next legitimate job after that was at the Tropicana
20 Hotel and Casino in Atlantic City.
21 Q. And approximately what time frame are we speaking about
23 A. '80 to '85, in that area.
24 Q. And, where were you assigned when you went to the
25 Tropicana Casino, where did you work there?
1 A. I was a security officer. At first I was assigned to
2 the warehouse where they stored everything.
3 Q. And did you commit crimes when were you assigned to the
5 A. Yes, I did.
6 Q. And can you tell the jurors what crimes you committed
7 when were you assigned to the warehouse?
8 A. Steal merchandise. I used to remove merchandise from
9 the warehouse.
10 Q. And, were you assigned someplace other than the
11 warehouse when you were at the Tropicana?
12 A. Yes. After I left the warehouse, I was brought into the
13 casino proper.
14 Q. Okay. And when were you brought into the casino proper,
15 did you also engage in criminal activity there?
16 A. Yes, I did.
17 Q. Tell the jurors what you did there.
18 A. Various crimes. We --I stole from patrons, stole from
19 safe deposit boxes, did bookmaking there.
20 Q. Okay. Did you --were you arrested while were you
21 employed at the Tropicana Casino?
22 A. That's correct.
23 Q. And can you tell us what you were arrested for?
24 A. Theft of services, using illegal --using other people's
1 Q. And, at the time that you were arrested for theft of
2 services, did you have occasion to come in contact with New
3 Jersey State Police officers?
4 A. They arrested me.
5 Q. And, did Tropicana Casino then ask you to resign as a
6 result of your arrest?
7 A. Yes, they did.
8 Q. And did you do that?
9 A. Yes.
10 Q. And, now, can you tell us regarding your contact with
11 the New Jersey State Police, what happened as a result of
12 your contact with the New Jersey State Police?
13 A. After I was arrested, the State Po1ice contacted me
14 about helping them.
15 Q. And when you say helping them, what do you mean?
16 A. They wanted me to become an informant for them, provide
17 them with information about crime.
18 Q. And who was the State Police officer who contacted you?
19 A. A Detective John Sheeran.
20 Q. Do you know what division Detective Sheeran was working
21 in at that time?
22 A. I think it was called the Atlantic City Special
23 Investigations Bureau I think, I'm not positive.
24 Q. And, did you then subsequently agree to provide
25 information as a confidential informant to Detective Sheeran?
1 A. Not right then, but eventually I developed a
2 relationship with him and started providing information, yes.
3 Q. And can you tell us why it was that you decided to
4 become a confidential informant or to provide information?
5 A. Well, I liked Detective Sheeran, he was a nice guy and I
6 helped him out and ultimately I figured it would help me.
7 Q. Okay. And, was this the first time that you were ever
8 an informant for any law enforcement agency, this time with
9 Detective Sheeran?
10 A. Yes .
11 Q. Okay. Now, during the time then that you became a
12 confidential informant for the New Jersey State Police, did
13 you still have your bookmaking operation?
14 A. Yes, I always had my bookmaking operation.
15 Q. And at the time then now I'm speaking of the time frame
16 once again when you became a confidential informant for the
17 New Jersey State Police, where were you operating your
19 A. Mainly in Hammonton, you know, in that area there,
20 mainly Hammonton, New Jersey.
21 Q. And where were you living at that time?
22 A. In Hammonton.
23 Q. Now, after you left the Tropicana Casino, where did you
25 A. I went to work for the New Jersey Racing Commission.
1 Q. And approximately what time period was this?
2 A. 1989 and '90 I think it was.
3 Q. And, where did you work for the New Jersey Racing
5 A. I worked in the back of the racetrack where you
6 collected urine samples from horses after they won or lost a
8 Q. Okay. And did you commit crimes when you worked for the
9 New Jersey Racing Commission?
10 A. Absolutely, yes, I did.
11 Q. And can you tell the jurors what you did?
12 A. It was --after working there for a while, I met a few
13 people who had a scam going and I engaged in that scam. What
14 you would do is catch the urine that was not tainted maybe
15 earlier in the day and then you would have contact with a
16 trainer or somebody that was running a horse that had been
17 dosed or drugged and you would --I would keep the other
18 urine and turn the different urines in to make it look like
19 that his horse was clean, so to speak --
20 Q. Okay.
21 A. --when in actuality it wasn't.
22 Q. What racetracks were you working at that time?
23 A. I worked at Garden State and I also worked at Atlantic
24 City Racetrack.
25 Q. How long did you work at these racetracks?
1 A. I worked there two seasons.
2 Q. And what happened after the second season?
3 A. I left.
4 Q. And when you say you left, were you asked to leave or --
5 A. Yes, I just wasn't brought back. It's like a seasonal
6 thing and I just wasn't brought back.
7 Q. Okay. Now, if we could go into your bookmaking
8 operation, Mr. Previte, right around the time that you left
9 the Garden State Racetrack and the Atlantic City racetrack,
10 could you tell the jurors once again if during this entire
11 time you were operating a bookmaking operation?
12 A. I didn't understand the question. Could you say that
14 Q. I'll rephrase it. Were you running a bookmaking
15 operation at the time you left employment with the New Jersey
16 Racing Commission?
17 A. I was operating while I was there, during and after,
19 Q. And, once again, where was the operation located?
20 A. In and around Hammonton, New Jersey.
21 Q. And as far as your bookmaking operation, what types of
22 bets were you taking?
23 A. Mostly sports betting.
24 Q. And how did you or how were bets taken?
25 A. You would --person would that would, you know, would
1 have your number, they would call that number, I would have
2 someone answer the phone, they would record the bet and that
3 was basically it.
4 Q. Did you have other people at this time working for you?
5 A. Yes, I did.
6 Q. So, were you actually answering the phones?
7 A. At times I had, but at this time it --I wasn't doing it
8 much. No, I had other people doing it mostly then.
9 Q. Okay. Now, Mr. Previte, was it through this bookmaking
10 operation that you had an introduction to the Philadelphia La
11 Cosa Nostra family?
12 A. Yes .
13 Q. Can you tell the jurors when you first became involved
14 with the Philadelphia La Cosa Nostra family?
15 A. I had known them for years and years. Do you mean at
16 this time or when I first --
17 Q. Go back to the very first time you ever had contact with
18 anyone involved with the Philadelphia La Cosa Nostra.
19 A. The first time it was probably in 1970, '71 when I was a
20 police officer, I used to --I used to pick up money from
21 Harry Riccobene, Harry Hunchback who was a leader of
22 organized crime back then. He had an operation in southwest
24 Q. What kind of operation?
25 A. Bookmaking, numbers, stuff like that. And I was one of
5 I, Theodore M. Formaroli, C.S.R., Official United States
6 Court Reporter and Certified Shorthand Reporter of the State
7 of New Jersey, do hereby certify that the foregoing is a true
8 and accurate transcript of the testimony as taken
9 stenographically by and before me at the time, place and on
10 the date hereinbefore set forth.
11 I do further certify that I am neither a relative nor
12 employee nor attorney nor counsel of any of the parties to
13 this action, and that I am neither a relative nor employee of
14 such attorney or counsel and that I am not financially
15 interested in this action.
THEODORE M. FORMAROLI, C.S.R.
23 Certificate No.433
Date: March 6, 2001
Philadelphia, PA ,
May 14, 2001,10:05 a.m.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
a/k/a SKINNY JOEY, ET AL.,
TRANSCRIPT OF TESTIMONY OF
BEFORE THE HONORABLE HERBERT J. HUTTON, AND JURY
UNITED STATES DISTRICT JUDGE
For the Government: ZANE D. MEMEGER, ESQUIRE
BARRY GROSS, ESQUIRE
DAVID E. FRITCHEY, ESQUIRE
STEVEN D'AGUANNO, ESQUIRE
FILED Jun 29 2000 Office of the U. S .Attorney
615 Chestnut Street
.y~~~ D.!p. CIerk Philadelphia, Pennsylvania 19106
For the Defendants:
Joseph Merlino: EDWIN J. JACOBS, JR., ESQUIRE
Jacobs & Barbone
1125 Pacific Avenue
Atlantic City, New Jersey 08401
Frank Gambino: NIALENA CARAVASOS, ESQUIRE
Law Offices of
F. Emmett Fitzpatrick
926 Public Ledger Building
610 Chestnut Street
Philadelphia, Pennsylvania 19106
Steven Mazzone: STEPHEN P. PATRIZIO, ESQUIRE
Dranoff & Patrizio, P.C.
Architect's Building, Suite 1600
117 South 17th Street
Philadelphia, Pennsylvania 19103
1 A Yes, sir.
2 Q What year do you think that was?
3 A I'm not sure if it was '89, '90 or '90, '91, in that area,
5 Q So, we're closing in on the point where you get your
6 confidential informant status, right?
7 A Yes, sir.
8 Q You worked at the race track for a couple years, right?
9 A One full year, seasonal.
10 Q And, basically what was your job --what were you getting
11 paid for to do?
12 A I used to collect urine samples.
13 Q How would you do that, would you actually get them from
14 the horse?
15 A Yes, you did.
16 Q So, you would go out with some kind of bucket or something
17 and --
18 A No, we didn't use a bucket. Do you want me to tell you
19 how we did it?
20 Q Yeah.
21 A A long stick, it had a cup on the end. You had to get in
22 the stall with the horse and --when you first go there, they
23 teach you, when a horse is going to urinate, they actually go
24 into a stretch. When they go into the stretch, on a male
25 horse, you have to put the stick in the front. With a female
1 horse, you put the stick in back. You fill up the cup with
2 urine, yes, sir.
3 Q They go into a stretch?
4 A Yeah, they stretch out when they --
5 Q I see.
6 A --when they go to the bathroom.
7 Q Now, it was your job, I would take it, to collect those
8 urine samples and safeguard them so that nobody would tamper
9 with them?
10 A We didn't safeguard them. We put a top, taped it, brought
11 it into the vet. He safeguarded it after that.
12 Q And, the whole purpose of doing that was to make sure that
13 nobody was drugging horses --
14 A That was the reason for it.
15 Q --to gain an advantage in a race which they could then
16 fix, right?
17 A Yes, sir.
18 Q So, your job in collecting these urine samples and turning
19 them over to the vet for safe keeping was to assure the honesty
20 of the operation of the track?
21 A Yes, sir.
22 Q How long did it take you to figure out a way to cheat on
23 that for your own personal benefit?
24 A I didn't figure it out, sir.
25 Q How long was it before you conspired with somebody else to
1 --to cheat for your own personal benefit?
2 A I would say it took two weeks to a month before someone
3 approached me.
4 Q And, did you then continue tampering with these urine
5 specimens for the entire time you worked at the track?
6 A No, it was certain times you did. When --when I went to
7 Atlantic City, we didn't, but we did it at Garden State.
8 Q And, how much money did you make out of doing that?
9 A Again, thousands. Not --it's not as much as you got from
lO the bribes, sir. That wasn't the real money. I would bet on
11 the horse.
12 Q So, you would get a double dip there. You'd get paid
13 something for --
14 A Something small, --
15 Q --fixing the urine sample --
16 A --and I would know ahead of time what horse, and I'd
17 place a bet on the horse, sir.
18 Q And, how many thousands of dollars do you think you made
19 doing that?
20 A More than 10,000, 20,000, in that area, sir.
21 Q And, there too, you were playing both sides of the fence,
23 A I was playing one side, sir. I was doing it.
24 Q You were being a crook, --
25 A Yes, sir, I was.
1 Q --right? But, you were also maintaining the straight
2 position and taking a pay check for it?
3 A I was getting paid, yes, sir.
4 Q Now, these are the things that you did from 1967 up to
5 1991 or '92 that qualified you to become a confidential
6 informant for the FBI, right?
7 A I don't know what my qualifications were, but I did become
8 that. I didn't --I've never seen any qualifications that you
9 have to go by, sir. I've never seen a manual or anything like
11 Q That's an interesting point.
12 A Uh-huh.
13 Q Did the FBI --before you got your confidential informant
14 status, did they ever tell you there was any kind of screening
15 process, there's any manual they have to follow, there's any
16 set of criteria that you would have to meet to become a
17 confidential informant?
18 A They always gave me criteria, sir.
19 Q Well, back in 1992 --May of '92, what did they tell you
20 the criteria were?
21 A As I say, I don't remember the exact date. You have the
22 date there that you say I became a confidential informant.
23 But, you know, the main thing was that, you know, I couldn't
24 commit any violent acts. Anything violent, 'I should report it
25 to them. I shouldn't do things without them prior approving
1 it. As I say, there was no manual, but these were things that
2 the FBI had told me, sir.
3 Q No violent acts and no crimes without them approving it?
4 How about the truth? Did anybody tell you that you should tell
5 the truth?
6 A I always told the truth, sir.
7 Q Well, did they tell. you that back in May of 1992, that
8 you've got to be honest with them?
9 A Can I explain to you about the truth, telling the FBI
10 something, sir?
11 Q Yes, you can. But, first, please answer my question. Did
12 they tell you, in May of 1992, before this all started, that
13 you had to be honest, yes or no?
14 A I don't remember that conversation of an agent telling me
15 you have to be honest.
16 Q Okay.
17 A But, what --
18 Q Now, you can give me whatever explanation you'd like.
19 A What good would it be to me to give them false
20 information. It would only come back and bite me in my butt.
21 If I give them information that's not true, I'm sure they're
22 going to follow up and find out that it's not good information.
23 The only information I could give them is truthful information,
24 if I wanted any benefit from it, sir.
25 Q And, you certainly did want a benefit.
1 A Everybody wants a benefit. I didn't ask for any benefit,
3 Q In 1992, what benefit were you looking for? Were you
4 charged with anything back in '92?
5 A I'm not sure of the date, but I had been involved with the
6 State Police, and I was charged with something in Glenolden, as
7 I previously testified. And, at trat time, someone in the
8 State Police then referred me to the FBI because he --they
9 didn't think that the F --that the State Police --the New
10 Jersey State Police was doing the right thing by me, sir.
11 Q So, is the answer to the question you were charged with
12 something in 1992?
13 A Yes, I think I previously testified to that, sir.
14 Q Was that the Glenolden case?
15 A That is correct, sir.
16 Q Was the date of your arrest April 23, 1992?
17 A I would imagine, sir. If I could look at it, --I'm not
18 too good with exact dates as to when things happened, so I'm
19 sorry about that, but --
20 Q I'm showing you an FBI letter --
21 A Okay.
22 Q --authored by James T. Maher, M-A-H-E-R, Special Agent.
23 You know who he is, right?
24 A Of course.
25 Q You say of course, because he's been around for such a
1 long time, right?
2 A Of course, because I know him.
3 Q And, I'm pointing to the first couple words of this letter
4 directed to an Assistant United States Attorney by the name of
5 Robert Courtney.
6 A I see it now, sir.
7 Q You've met him, right?
8 A Mr. Courtney?
9 Q Yes.
10 A Yes, I've met him.
11 Q Do you see the first sentence where the FBI represents
12 that it was April 23, 1992 that you were arrested in Glenolden?
13 A That's correct. I see it, sir.
14 Q Okay. Now, since you raised this issue, let's take a
15 short detour and talk about this for a little bit. Do you
16 remember what you told the jury about a week, week and a half
17 ago, about this Glenolden incident which started out with a
18 couple of gangsters? I think it was Phil Colletti and Mike
19 Palma, was it?
20 A I don't really remember exactly what I said, no, sir.
21 Q Well, --
22 A I mean, I remember telling them that we went there. Do
23 you want me to --
24 Q Didn't --
25 A I don't remember exactly how --
1 Q I'm going to help you.
2 A --I testified, but we did go there to shake down Mr.
3 Hyden (phonetic) , the --of Hyden Meat Market.
4 Q Okay. I'm going to help you. Do you remember telling the
5 jury that you were approached by Colletti and Palma, and they
6 said Mr. John wants us to go get this guy?
7 A We used to call him Mr. John, yes, sir.
8 Q Okay. But, my question is, do you recall telling that to
9 the jury a week, week and a half ago?
10 A I don't remember using that term, but I'm sure, you know,
11 I said something like that, yes, sir.
12 Q Okay. Do you remember telling the jury that --that when
13 Mr. John said you had to go, you had to go, and therefore you
14 got right in the car and left?
15 A I do remember that.
16 Q And, do you remember telling the jury that, before these
17 two gangsters told you that you had to go shake this guy down
18 for Mr. John, there was no time to check in with the State
20 A There was no time to check in with them when we left to
21 go. I had checked in with them previous to that, sir.
22 Q When you checked in with them previous to that, did you
23 know about this shake down?
24 A Yes.
25 Q Okay. How far back did you know about this shake down?
1 A I don't know how long, but I had reported it back to the
2 State Police, and they knew that I was going to meet Mike Palma
3 and Phil Colletti at Ponzio's Diner, so they had to know
4 previously. I met with them before I went, if I remember.
5 Q Well, tell us about this day that Colletti and Palma, two
6 gangsters, pulled up and said Mr. John wants us to go shake
7 this guy' down. Do you remember the: day?
8 A Yeah, I remember the day when we went there, yes, sir.
9 Q Okay. And, is that what happened, they pulled up and
10 said, let's go, and you got in the car?
11 A I arrived in my car, they were there in their cars, and
12 they said, come on, we're gonna go, let's go.
13 Q And, you went?
14 A I tried to, you know, hem-haw and --but, they said, get
15 in the car, we're going. John wants us to go, yeah.
16 Q And, were you hemming and hawing because you wanted to
17 create some time to call the State Police?
18 A I was hemming and hawing because I didn't really want to
19 go over there, because the State Police didn't want me going
20 over to Pennsylvania.
21 Q Did you tell us --when you testified last week, did you
22 tell us that you did or you did not tell the State Police about
23 this shake down, do you recall?
24 A The State Police did know about this shake down.
25 Q Did they know it from you?
1 A Yes, they knew it from me.
2 Q They didn't know it from you because you called them that
3 day, because there wasn't time, was there?
4 A They knew about it previous.
5 Q What was it that happened between you and the State Police
6 that caused your relationship to end with them in 1992? This
7 is April 23. We just agreed on that, and you're ir. with the
8 FBI on May 8th, two, three weeks later. Now, what happened
9 with the State Police, did they fire you?
10 A I don't know if you use the term fire.
11 Q Well, what --
12 A They told me my --they told me my services were no longer
14 Q Okay. It sounds like they fired you --
15 A I guess you could --
16 Q --as a confidential informant.
17 A --say that, yeah.
18 Q All right. So, --
19 A That's a firing expression, your services are no longer
21 Q So, after about six years as a confidential informant with
22 the New Jersey State Police, they fired you?
23 A I was a confidential informant with them off and on. It
24 wasn't a thing where I was reporting to them every day, but
25 yes --
1 Q I'll accept the amendment. After six years of being an
2 off and on confidential informant for the New Jersey State
3 Police, in April of 1992, they fired you,
4 A That's correct.
5 Q --right? Now, that takes us up to the opening date with
6 the FBI, which is May 8th, 1992. Before you started being an
7 FBI confidential informant, did you tell them about your
8 history on the Philadelphia Police Department, and how you beat
9 people up, and how you were --how you got bribed by Harry
10 Riccobene, and how you shook down citizens, and how you robbed
11 from the tow lot, did you tell them all that?
12 A I don't know if I told them all that at that time. I
13 don't know if I was briefed about all that at that time, sir.
14 Q Well, I'm not asking --
15 A I always told them --whatever they asked me, I gave them
16 the answer.
17 Q I'm not asking about what they told you --how they
18 briefed you at this point. What I want to know is did you make
19 them aware of just what you were doing on the streets of
20 Philadelphia as a police officer?
21 A No, I don't remember telling them --
22 Q So, you did --
23 A --the whole story at that time.
24 Q Did they tell you they were going to go check your history
25 as a Philadelphia Police Department --police Department
1 Officer so they could figure out who they were dealing with?
2 Did they tell you that?
3 A I don't remember that, no.
4 Q Let's move to the casino --the New Jersey Casino Control
5 Comm --we've had Casino Control Commission documents produced
6 here in court on an overnight basis. Did they tell you they
7 we're going to check with the Casino Control Commission to see
8 what kind of casino employee you were as a security officer,
9 good or bad?
10 A I don't remember that, and I don't remember any documents
11 --seeing any documents that you were just referring to. I
12 don't --
13 Q Did --did you tell them that, as a security officer, you
14 were first plundering a warehouse and then plundering safe
15 deposit boxes and selling the casino's rooms for your own
16 profit? Did you tell them those things?
17 A I told them that I had been fired there.
18 Q You told them you were fired?
19 A Yes, sir.
20 Q Did they even say for what? Did they even ask that of
21 their prospective confidential informant?
22 A Not being smart, but do you expect me to remember if they
23 made that statement to me that long ago, sir? I don't remember
24 that, sir.
25 Q Mr. Previte, --
1 A And, honestly, --
2 Q --I'm not accusing you of being smart alecky, --
3 A Oh.
4 Q --which is what you meant, and feel free to ask me a
5 question. If you can't remember, then you --
6 A I don't remember if they --
7 Q Okay.
8 A --asked me that question, no, sir.
9 Q Did you tell them that you had been fixing equestrian
10 urine samples at the Garden State Race Track?
11 A Equestrian --the horse race, yes, sir. No, I didn't tell
12 them that.
13 Q You didn't tell --all right. Did we miss anything? That
14 covers your career in the casino industry, police department,
15 and Garden State Race Track. And, also, you were a book-maker
16 while you were working at Tropicana, weren't you?
17 A Yes, sir.
18 Q Did you tell them that, because I want to see how much
19 they knew about --
20 A They know.
21 Q --their confidential informant.
22 A They know I was a book-maker there, yes, sir.
23 Q They knew that.
24 A What time --
25 Q May 8th --
4 I, Frances L. Maristch, certify that the foregoing is a
5 correct transcript from the record of proceedings in the above-
6 entitled matter.
II' / -" / L .'-r .f) .
9 ~,I:;.itb/ \.:/~ ri .t~
10 DATE FRANCES L. MARISTCH