I don't think Nicodemo thinking that he can beat the charge is all that crazy. Remember this is a state murder charge not a federal rico. Something Nicodemo said on wiretap about bookimaking back in '07 doesn't matter, the only thing that matters is if on that day did he shoot Dipietro. Bringing in Monacello and having him say that hes a mob member won't matter. No eye witnesses to the crime, now the gun was found in his car but im sure his lawyers can conjure up something that could at least make going to trial not a long shot. If the gun wasn't in his car and I don't know why it wasn't than no case, I wont be surprised if the state offers him 7-10 years before trial.