Trial Update: Vincent Basciano
Vincent Basciano's defense team to asks judge to step aside: Lawyers for Bonanno capo Vincent Basciano are preparing to ask Brooklyn federal judge Nicholas Garaufis to recuse himself from the death penalty case (see King of the Godfathers, chapter 28) , a move that Garaufis rejected in the past. But this time the lawyers said in court papers filed September 30 that they think they have a new wrinkle that justifies a different result this time. They believe the fact that Garaufis sent a letter to Attorney General Eric Holder would be a "compelling piece" of mitigation evidence should Basciano be convicted and the case goes forward to the death penalty phase. In his letter to Holder, Garaufis asked the government to drop the death penalty because it was costing so much money and historically doesn't do well with Brooklyn juries. Garaufis also said that Basciano is already under a life sentence. Basciano's lawyers think that letter should be used in the case if the death penalty is an option because it would rebut the claim that the capo would be a future danger in prison.
The defense is also considering filing a recusal motion because of new information which surfaced about Joseph Barone , a potential government witness who earlier wrote to Garaufis.
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