Gambino Soldier Connected To Gotti Decides Not To Flip: Lawyer
They made him an offer -- and he apparently refused.
One of the alleged Gambino members arrested in Tuesday's massive bust spurned advances from the feds to flip on the notorious crime family -- saying he wasn't interested in making any deals with prosecutors.
Longtime soldier Onofrio "Noel" Modica, 46, who the feds claim tried to tamper with the jury during John "Dapper Don" Gotti's 1992 Brooklyn trial, was approached by two federal agents last week as he was walking to his physical therapist, his lawyer said today.
"This is preposterous," said Modica's lawyer Matthew Mari outside Manhattan federal court. "Modica is not in the mob. He knows a lot people in the mob."
Mari said the agents asked for his cooperation if he didn't want to spend the rest of his life behind bars.
During a bail hearing, a judge granted Modica $2 million bail -- the only one arrested who put in an application to get out of jail.
The feds said Modica was involved in a double-murder in 1987 and owned a motorcycle used in another mob slaying on Staten Island.
Prosecutors said Modica's biggest coup was that he was able to successfully find out where jurors were staying during Gotti's trial in 1992. They claim he infiltrated the hotel in Battery Park City and found out what rooms the jurors were staying in at the time.
The plan, according to the feds, was for Modica to call in a bomb scare and approach the jurors -- but Gotti called it off, convinced he was going to get a hung jury.
Instead, Gotti was convicted and spent the rest of his life in prison.
At today's hearing, the feds also said Modica was found with $12,000 cash in his home -- something Mari said was to pay for his son's upcoming confirmation party.
Mari said his client has the unmailed invitations to prove it.
As for 69-year-old Gambino boss Daniel Marino, his lawyer did not seek bail at the hearing.
Marino is one of 13 suspected members of the crime family busted on a litany of charges ranging from murder to prostitution.
The feds said they have three cooperating witnesses -- who were not identify by name -- and nearly 200 hours of taped conversations that were obtained when members wore wires.
At one point, Marino's son, who was sitting in the gallery, leaned over and said: "Dad, how are you feeling? You have a good night?
Marino responded by nodding.
Marino's lawyer, Charles Carnesi, said he was waiting to get medical records to submit his client's bail application.
He said Marino has had health problems in the past and was hospitalized twice in recent weeks.
In addition to racketeering, Marino faces two murder charges in connection with the 1989 death of former Gambino family member Thomas Spinelli and the 1998 murder of Frank Hydell, Marino's nephew.
The judge set a trial date set for April 12, 2011.
http://www.nypost.com/f/print/news/local/gambino_soldier_connected_to_gotti_umBLO1eNje9HpXoT5KNOhP
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