The alleged threat occurred during a meeting with Genovese capo Anthony (Tony Parkside) Federici early this year, when Agnello used an "Italian horns of death" gesture when referring to the witness, a former employee at his junk yard, according to the feds. Federici, for his part, the feds say, agreed to "get the word out to his people" that the turncoat was to be whacked.

By most accounts, the "Italian horns" carries a stronger, more ominous message than "giving someone the finger." The horns are given by thrusting the pinky and forefinger outward while clamping the thumb over the two interior fingers. But like "the finger" the "Italian horns" also can be given in jest.

Both Agnello and Federici deny that any meeting took place. Agnello's lawyer Ben Brafman says prosecutors used "false information" to detain Agnello in the form of "triple hearsay" testimony from an FBI agent who

Noting the feds have already retracted another "horns" threat the informant initially claimed Agnello had made to other associates, Brafman has asked Brooklyn Federal Judge Nina Gershon to reconsider her detention order in light of denials of the meeting by the only two named persons alleged to have been there, Agnello and Federici. A court session is set for tomorrow.

Agnello was arrested on state racketeering charges in January and released on bail. He's been jailed since March when he was hit with federal racketeering charges. It's not surprising Agnello has been detained without bail. It's a family tradition. Agnello, of course, is married to the daughter of jailed-for-life Gambino family boss John Gotti. Agnello's brother-in-law, Junior Gotti, was held without bail until posting a sizable chunk of cash and a piece of Long Island as security.

To lay the groundwork for his motion,  Brafman obtained an affidavit from Federici stating that he knows Agnello, but he hasn't seen or spoken to him this year. (At right, Federici listens to Gambino capo Lenny DiMaria rail on about something or other outside the Park Side restaurant, an eatery he officially manages and reputedly also  owns.) Agnello has already testified the meeting never took place, so the feds must submit some kind of evidence supporting their contention, such as a redacted report with the informer's name blacked out, Brafman argues in court papers.

Assistant U.S. Attorney Bridget Rohde said Federici's affidavit "does not qualify as new evidence" that is required to reopen a detention hearing. It should have been submitted in mid-March, before the close of the original

In addition, Rohde argued, Federici's account deserves no respect at all because he is a Genovese capo sworn to a life of crime, including, if necessary, murder. Federici has only three minor convictions, but his "rap sheet" includes five felony arrests going back 41 years and "demonstrates his commitment to a life of crime," she said.

Brafman noted that he entered the case after the March hearing and that Federici's three misdemeanor convictions paled by comparison to the rap sheets of mob killers the feds often use as witnesses. He said Rohde was trying to "assassinate the character" of Federici rather than furnish any proof that his affidavit was false.

"We submit that the Government now knows full well that the meeting never occurred, and instead of making any further untruthful representations on this issue, has chosen to ignore the facts and point to Federici and Agnello as unworthy of belief, as if that argument resolves the question of whether the Government did or did not present erroneous testimony to this Court," said Brafman.

Currently housed in SuperMax, the ultimate restrictive prison housing complex in Florence, Co., Casso appealed his conviction and sentence last week. He would like to be reinstated into the witness program.

Officially bounced in 1997, the more pertinent question would seem to be: What took so long?

Casso, 60, who pleaded guilty to 36 mob hits, embarked on a new life of crime when jailed in special units for cooperating witnesses, probably committing more crimes than any other mob defector given a deal in return for his testimony.

He sold drugs, bribed guards, destroyed an exercise treadmill, assaulted inmates, almost always lying about his misdeeds. He attacked Salvatore Miciotta as Fat Sal, naked and handcuffed, was being escorted from a shower to his cell, beating and kicking him as he lay helpless on the ground. In an earlier assault, with his hands free, Fat Sal had pummeled Gaspipe.

He also lied and withheld important information from the get-go, according to court records. For instance, after signing his agreement on Mar. 1, he revealed escape plans and murder plots against federal officials that he should have disclosed during an earlier proffer session.

On Apr. 15, 1994, Casso failed his first of several lie detector tests, according to court documents. And, sources said, before prosecutors Charles Rose and Gregory O'Connell -- Casso's original sponsors for the witness program -- left for private practice that Aug. 1, they had written a scathing memo about his lack of truthfulness that essentially disqualified him as a prosecution witness.