Just a thought Nick and Gamms, what if the victim was an Informant or was spreading rumors around town that one of the defendants, Damian Canalichio, or some of the others were involved in the killing of Casasanto. Or, Merlino orchestrated the hit to shoot down the defense theory that they are a kinder and gentler Mafia. You can put anything past this dysfunctional family. Nicodemo took an oath and he knew the defense his guys were putting out there in court. I don't think a "heat of the moment" action would make him commit Har Kari with the admnistraton or his new family. He can not be that undiciplined.