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| January 4, 2007 |
| By Jerry Capeci |
| Overprotective Witness Protection |
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For years, this hard-headed Irish-American gangster complained that he couldn’t catch a break – despite the valiant efforts of his loving mother (right) and sister (left) – as he served time in prison for a drug crime he didn’t commit. In fact, the drug bust was the least of it. As Smith later admitted, he’d done much worse – participating in five separate killings, including the vicious mistaken-identity execution of the father of a federal prosecutor who had ticked off rulers of the Colombo family.
Even though Smith hasn’t done so well out there on his own, federal authorities appear to be sticking by their man. Today, no matter how much Smith screws up, the federal government seems ready, willing and able to go to bat for the five-time killer. Two months ago, Gang Land has learned, Smith was arrested for grand larceny after cops stopped a van loaded with stolen plasma TVs. Smith, a passenger in |
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Normally, in the case of a protected witness like Smith, the feds would immediately alert the judge in the case, since, at the time of that arrest, Smith (right) was serving five years probation for the killing of George Aronwald, whose son William was the man that Smith and two cronies set out to kill in March, 1987. Exactly where Smith was living at the time of the plasma TV bust is a secret, but it was obviously not too far from the Big Apple. According to knowledgeable sources, Smith was close enough to his old Brooklyn haunts to come back occasionally and hobnob with old buddies. He even found time to fall in love and get married, according to one source. Amazingly, after the feds – namely the Brooklyn U.S. Attorney’s office, the FBI and the U.S. Marshal’s Service – all looked the other way after his first brush with the law in his new home town, Smith was busted again in another state on similar charges, according to usually reliable sources. Once again, these sources report, Smith’s newest favorite relative, his Uncle Sam, rode to the rescue. The U.S. Attorney’s office, the FBI, and the U.S. Marshal’s Service – the operators of the federal witness program – all declined to comment about the matter. The arrests are just the latest twists and turns in Smith’s remarkable roller coaster ride as a cooperating witness. It began about five years ago when he fingered |
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Understandably, it is the younger Aronwald, now a lawyer in private practice, who has been the one most upset about the feds’ blind spot when it comes to the man who helped kill his father. Saying he had heard about Smith’s recent arrest from a “confidential source,” Aronwald wrote a December 13 letter to Brooklyn Judge I. Leo Glasser, who had sentenced Smith, but had been kept in the dark about his transgressions. Aronwald told Gang Land he wrote his first letter to Glasser three weeks after he first raised the issue with assistant U.S. Attorney Patricia Notopoulos. Aronwald said the prosecutor gave him “a runaround,” telling him some of his information was correct, but some was wrong, but refusing to elaborate. “She said she really can’t comment except that some of what I heard was not accurate,” Aronwald recalled. “She would not tell me what was accurate, and what was inaccurate.” In a December 14 reply, Notopoulos confirmed that Smith had been arrested six weeks earlier but gave no details, noting that her “office has not interfered with |
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In his response five days later, Aronwald sagely pointed out that Notopoulos was “silent” about any help that her office’s partners, the FBI and U.S. Marshal’s Service, may have given Smith. Aronwald, a former federal prosecutor who headed the Manhattan Organized Crime Strike Force in the 1970s, also expressed outrage that her letter suggested – accurately, sources say – that one inaccuracy in Aronwald’s original information was that Smith (right) was bounced from the federal witness program, when in fact he wasn’t. “I am appalled,” wrote Aronwald, “that the government deems it more important to shelter and protect Smith, a life long thug, than to take whatever steps are necessary to bring him back before you so that he can be re-sentenced for violating the terms of his probation. Smith is a coward who participated in my 78-year-old defenseless father’s killing and clubbed another man into a coma that ultimately resulted in his death.” “Insofar as my father’s murder is concerned,” he wrote, “I wonder if the U.S. Attorney’s Office would have offered the same deal if the assassination plot involved one of their own.”
But Smith’s hijinks allegedly continued. Sources said Smith was busted again for grand larceny, this time for switching pricetags on plasma TVs. |
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(Apparently no one gave him one for Christmas.) After spending a day or so in jail, sources said, Smith called some old FBI contacts who helped him win a release on bail, under the ever-watchful eyes of the Witness Protection Program.
Smith’s biggest admirers these days appear to be his federal protectors, much to Aronwald’s chagrin. “My understanding,” he said yesterday, “is that the court is forwarding my correspondence to the Probation Department for a response,” as is the norm in the case of non-protected defendants, but not in those involving cooperating witnesses. “There’s nothing I can do but wait to see what comes out if it,” he said, adding that he recognized the need for the federal government to protect cooperating witnesses, but in Smith’s case, the government should be protecting the public from him, not the other way around. “If I knew where he was,” he said, “I would make sure that everyone in his community, just like they do with convicted sex offenders, knew what his real name was, what crimes he committed, essentially the kind of person he was, and is, so they could protect themselves from him.” |
| Booked For The Holidays? |
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The Brotherhoods, The True Story Of Two Cops Who Murdered For The Mafia is a 509-page hardcover book co-authored by Willam Oldham, a retired NYPD detective who began investigating the murderous duo as a criminal investigator for the feds, and writer Guy Lawson. Amazon has it for $18.97, more than eight bucks off the list price.
Oldham and Lawson begin their account with the arrest last year of Eppolito and Caracappa in Las Vegas. Smith starts his narrative in 1969 on a young Burt Kaplan, who would become the star witness against the rogue cops, as the budding gangster drives to Connecticut to dump the body of a murder victim whose name he never learned. Both books are up to date. They end with the convictions of both men for eight murders that were overturned by trial Judge Jack Weinstein, and with the ex-detectives jailed without bail as they wait for the government’s appeal of Weinstein’s ruling to be heard next year by the Second Circuit Court of Appeals. |
| Contact Gang Land | ||
| Jerry
Capeci P.O. Box 863 Long Beach, NY 11561 Copyright, 2007- All Rights Reserved |