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Defendants In Gambino Case Want Trial Moved To N.Y.

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: January 19, 2009

TAMPA - Five men facing trial on charges they were involved in the Gambino organized crime family are asking a federal judge to transfer their trial from Tampa to New York.

The five – James V. Cadicamo, John A. Burke, David D'Aprino, Michael D. Finnerty and Guy T. Peden – were arrested in August at the same time as John A. "Junior" Gotti, who was named in a separate indictment charging him with racketeering conspiracy.

Gotti persuaded U.S. District Judge Steven D. Merryday to move his trial to New York on the grounds that having the trial in Tampa would be a hardship because Gotti lives in New York and most of the crimes he is accused of happened there.

Now the other five defendants have submitted a similar argument. Only Cadicamo lives outside New York, and his family and friends live in that state.

The defendants say the bulk of the criminal acts alleged in the indictment against them, including two murders, happened in New York. They also say many prosecution witnesses and most defense witnesses will be from that state.

"The defendants respectfully submit that a trial of this case in Tampa will result in unfairness, hardship and injustice to these defendants," the defense motion states.

Prosecutors argued Gotti should be tried in Tampa because he led an effort to gain a foothold here for the Gambino crime family.

The prosecution has estimated it will take six to eight weeks to present its evidence at trial.

The defendants say their evidence will "lengthen the trial even more."

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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