Outfit case in jurors' hands
Arguments end; deliberations set to begin Tuesday

By Jeff Coen | Tribune staff reporter
10:42 PM CDT, August 30, 2007


A decision on whether five men charged in the sweeping Family Secrets case were involved in a long-standing mob conspiracy responsible for 18 murders now rests in the hands of a jury.

Late Thursday, U.S. District Judge James Zagel instructed jurors on the law and sent them from the ceremonial courtroom at the Dirksen U.S. Courthouse to choose a foreman. Minutes later, the judge announced that the jury had decided to begin its deliberations on a verdict Tuesday morning.

Earlier in the afternoon, the prosecution completed closing arguments after the proceedings had been delayed for several hours after a juror passed a note to the judge.

The note indicated that at least one juror had already made up his or her mind about the defendants' guilt or innocence and essentially asked about the possible speed of deliberations, sources said.

A notice from Zagel's staff late Thursday said a hearing on the matter had been conducted with lawyers in the case behind closed doors.

Sources with knowledge of the development said jurors were questioned by the judge, and it is expected that two of them will be dismissed. That would still leave 15 jurors, three of them alternates.

The judge made no public statement on the matter.

In wrapping up the last of the closing arguments, Assistant U.S. Atty. Mitchell Mars spoke for about two hours, his voice sometimes shaking with emotion.

He said the case was about "the history of organized crime in Chicago" and urged the jury to hold the defendants accountable for murder, racketeering and extortion.

The four reputed Outfit figures—James Marcello, Joey "the Clown" Lombardo, Frank Calabrese Sr. and Paul "the Indian" Schiro—have "gotten away with murder for far too long," Mars said. The fifth defendant, former Chicago Police Officer Anthony "Twan" Doyle, betrayed his badge by leaking details of the federal probe to mobster pals, he said.

The prosecutor reviewed evidence against each defendant and responded to some of the arguments posed by defense attorneys.

Marcello's lawyer, Marc Martin, had argued that the government's key witness, Nicholas Calabrese, should not be trusted, in part because details in his accounts of murders sometimes made no sense.

Calabrese had testified that when mobsters Anthony and Michael Spilotro were beaten and strangled to death, all the killers wore gloves. That would have tipped off the brothers, Martin said.

Mars said it was too late for the Spilotros to escape their fate after the brothers were lured to a Bensenville basement and found themselves confronted by a hit squad.

"They could've worn T-shirts that said, 'We're here to kill the Spilotros,' " Mars said.

Marcello tilted his head back as he watched Mars, gazing at the ceiling.

Mars listed a series of reasons for why the jury should find that Lombardo was responsible for the murder of federal witness Daniel Seifert, including a fingerprint left on a title application for one of the cars used in the getaway from the fatal shooting.

Lombardo lied on the stand, Mars said, denying he knew anything about the Outfit. That should be a signal that he didn't withdraw from the conspiracy, as his defense suggested, Mars said.

Lombardo is committed to the Outfit to this very day, Mars said.

Frank Calabrese Sr. is heard on tape admitting to his son his role in seven murders, Mars said, and his brother, Nicholas Calabrese, testified in detail about them.

Frank Calabrese Sr. is a killer, Mars said, and a "master manipulator" who should be convicted. As Mars spoke, Calabrese sometimes leaned over and spoke to his lawyer while covering his mouth with his hand.

jcoen@tribune.com