The case is Commonwealth v. Scarfo, 416 Pa. Super. 329, 611 A.2d 242 (1992). The convictions were overturned and a retrial was ordered.
Defendants, eight alleged members of the Mafia, were convicted in the Court of Common Pleas of Philadelphia County, Criminal Division, Nos. 8707–3482–3511, 3494, 3495, 3497; 8707–3482 3/7, 3490, 3491, 3492, 3493; 8707–3508, 3509, 3511; 8707–3482 2/7, 3486, 3487, 3488, 3489; 8707–3498–3501; 8707–3482–3485; 1938–1941 Dec. T., 1988; C.P. 87–07–3502–3505, Clarke, J., of first-degree murder, criminal conspiracy and possession of an instrument of crime. The defendants appealed. The Superior Court, Nos. 1481, 1444, 1483, 1516, 1518, 1519, 3136, and 3480 Philadelphia 1990, Cirillo, J., held that: (1) defendants' double jeopardy rights were not violated; (2) proper standard for review of prosecution intrusion into defense camp is “very real likelihood of prejudice to the defendant;” (3) reversible error occurred by prosecution intrusion into defense camp by reason of one codefendant's change of plea; (4) references to five codefendants as “made” members of the Mafia constituted reversible error; (5) no error resulted from jury instructions; and (6) reversible error occurred as result of prosecutor's reference in closing argument to defendants as “wolves,” “pack of wolves,” and “the pack.”
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison. I've read the RICO Act, and I can tell you it's more appropriate... for some of those guys over in Washington than it is for me or any of my fellas here
