Francis “Cadillac Frank” Salemme’s play to get sprung from prison has been whacked with a lump of coal a federal judge left in the former New England Mafia boss’ Christmas stocking.

Salemme, 74, hoped to dismiss charges he faces for obstruction of justice and making false statements in connection with the unsolved 1993 disappearance of Stephen DiSarro, 43, of Westwood by persuading U.S. District Court Judge Richard G. Stearns he was wrongly interrogated by government agents in 1999 without an attorney present.

In a surprise move last August, Stearns granted Salemme an evidentiary hearing on the complaint. But on Friday, Stearns nixed the hearing because Salemme is refusing to provide a sworn affidavit supporting his motion to suppress statements he made without counsel.

“He’s disappointed, but not discouraged,” Salemme’s defense attorney Steven Boozang said yesterday.

Boozang declined to say why Salemme won’t provide the affidavit, but according to a court filing, Salemme is concerned he could face a potential perjury charge should his former attorney, Anthony Cardinale, provide conflicting testimony.

Boozang said the Boston mobster will tell his side of the story at trial. He said Salemme “100 percent denies any involvement whatsoever” in the vanishing of DiSarro, manager of The Channel rock club in South Boston.

“He’s a lot of things,” Boozang said of Salemme, “but he’s not a liar.”

Federal prosecutors, however, have built their case against Salemme on “misrepresentations he made to investigators during a proffer session on Nov. 2, 1999, regarding the disappearance and presumed murder of” DiSarro, according to court documents. It’s the government’s contention that Salemme not only saw DiSarro killed, he helped bury the body.

Prosecutors say Cardinale explained to Salemme what he was walking into during the 1999 confab, and that Cardinale arrived at the meeting in time for the questioning about DiSarro.

Boozang argued yesterday that Salemme was on his own that day for nearly five hours and the feds should have “said, ‘Time out.’ ”

“I’m sure they weren’t asking Frank what his favorite color was,” Boozang said.

Two of the men at the proffer session, assistant U.S. Attorneys Brian Kelly and Fred Wyshak Jr., are now prosecuting Salemme. Salemme is incarcerated in witness protection while he awaits trial.

Salemme pleaded guilty in 1999 to racketeering charges and admitted participating in eight mob hits in the 1960s. In 2003 a judge ordered him released from his 11-year sentence as a reward for his cooperation against corrupt FBI agent John J. Connolly Jr. Later that year, he was hit with the latest charges.


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