Underboss lawyers claim jury ‘tainted’; want charges tossed

SALEM – Attorneys for reputed New England Mafia underboss Carmen “The Big Cheese” DiNunzio, charged with illegal gambling and extortion, insist the charges should be thrown out because the presentation to the grand jury was tainted and “failed to support the charges.”DiNunzio, 50, of East Boston, is under indictment in Salem Superior Court on charges of extortion by threat or injury, gambling and accessory after the fact stemming from allegations he maintained or organized a gaming operation from and between Sept. 14, 2001 and Dec. 17, 2001 in Saugus.Friday morning during a hearing in Salem Superior Court, Boston defense lawyer Anthony M. Cardinale argued before Judge David A. Lowy that the commonwealth convinced the grand jurors that DiNunzio was a “bad guy,” in organized crime, referring that he was part of “Cosa Nostra,” while placing a tainted integrity and character of his client before the grand jury.He told Lowy that the commonwealth presented atmospheric evidence and that 90 percent of the evidence presented had nothing to do with the charge of extortion.Cardinale said a government witness, Anthony Pino, of Medford, a bookmaker, testified before the grand jury that he sought protection for his business through Joseph Settipane and paid him $500 a month for that protection. Cardinale said the commonwealth made the jury believe that DiNunzio was getting the money, but Pino never testified to that nor was he threatened by DiNunzio in any way, Cardinale insisted.”Pino testified he had no connection to my client.””They don’t have the element for this charge,” insisted Cardinale as he asked Lowy to dismiss the extortion charge, and because of that the gambling charges would also have to go.DiNunzio, whose nickname comes from his ownership of the Fresh Cheese shop on Endicott Street in East Boston, sat quietly beside Cardinale, glancing at him on and off as he argued the merits of his motion.But Assistant District Attorney Katherine L. Semel maintained their presentation was relevant to help explain to the grand jurors DiNunzio’s reputation, the tactics and the context in which the means to extort, the ramifications and the threats that were made.Pino, she said, understood if he did not pay the $500 monthly, he would be “harmed.”Settipane died after the Massachusetts State Police Special Service Section launched the 2001 probe, using wiretaps and hidden bugs to secretly record conversations.Lowy took the motion under advisement and said he would have a decision by the next date in court of Nov.8.In the meantime, DiNunzio remains free on $20,000 cash bail.