[Here is another great part of 3rd Circuit opinion]
On November 4, 1977, four of the co-conspirators, Testa, Narducci, Scarfo, and Harry Riccobene, discussed the selection of a new "consigliere," or advisor, for the group. From their conversation, it is apparent that there are regularized roles in the organization, and that the various positions provide their holders with different rights and privileges, such as voting in these elections.
The participants in the conversation are designated by their initials: H-Harry Riccobene; PT-Phil Testa; FN-Frank Narducci; NS-Nicky Scarfo. Phrases transcribed phonetically are marked "(PH)."
PT: So what's gonna happen, HARRY? Did you hear anything about the new "Cosig" . . . (PH)?
H: The new what?
PT: The new "Cosig"! The new Consiglieri! (TESTA utters Italian expression . . .) . . . "Menda se vis" . . . (PH).
FN: He . . . never says nothing to us. I'm "Capi" and don't know. I presume he don't know either.
H: It shouldn't be . . .
PT: I know what the law is HARRY.
H: It shouldn't be.
NS: The right way should be the right way.
PT: Yeah
H: Yeah. If you don't want to get.
PT: Everything is changed! I don't know, everybody does what the F . . . (obscene) . . . they want anymore!
H: No. Nothing changed.
PT: Well.
H: Well, if you don't get "everybody" . . . You get all of the "heads" . . . You know? That's acceptable. And let them vote on it.
PT: Yeah, you know why it's acceptable? Because the Capi's are supposed to talk to their men.
PT: But in your time HARRY, has there ever been more than two candidates? More than one candidate?
H: Never.
PT: Usually they chose a guy and that's the end of it.
NS: And that's the end of it. It usually works out that way.
H: We'd have a "thing" you know. And I would say, ah . . . "I propose NICKY." And you would go, "I second the motion."
FN: All right.
H: Anybody against it?
NS: And that's the end of it.
H: You see, it isn't like it used to be, where everybody was invited. Today, it's not gonna be that way. They are only gonna invite certain people. And the certain people are gonna be the ones that are gonna give him the vote.
PT: Right.
H: You follow me?
NS: Uh huh.
H: If it could be like the old days, then you could go around him a little a be ah . . . you know, use the power. You talk to all your potential close associates. Then you get the names, nominate somebody. You propose him. I propose this guy. And somebody seconds the motion. And then there is a vote between them. If nobody goes against the guy that is selected, it's all over.
FN: Over here, he's not even bounded by the cigars, PH. He just proposes "A" PH and that's it. Whatever he says.
H: That's right, that's what it is!
NS: Right.
FN: Get the ones that are gonna go that way and that's it.
