10/31/19 STATEN ISLAND, N.Y. – During the course of a three-and-a-half-hour interrogation, Anthony Comello told a detective he killed mob boss Francesco (Franky Boy) Cali outside the victim’s Staten Island home seven months ago because Cali threatened to have him killed after Comello hit his SUV on the street, it was revealed in court Wednesday.

Later on, Comello changed his story, saying he had been blackmailed into killing Cali, 53, the Gambino crime family’s top honcho, by “people” who threatened to reveal how he contracted HIV from a stripper.


Comello, 25, also provided a third account, saying he had actually gone to the victim’s house to “spill the beans” and warn him that organized crime had ordered a hit on him.

A videotape of the March 16 interrogation played during a pretrial hearing also showed Comello telling a detective he took HIV medicine, vomiting into a wastebasket, requesting medical attention and complaining about the feds watching over everyone.

Justice William E. Garnett convened the hearing to determine whether Comello’s statements to authorities were made voluntarily and can be used against him at trial.

Robert Gottlieb, Comello’s lawyer, contends the Eltingville resident’s statements should be suppressed due to his physical and mental state at the time of the interview.

“They knew he had HIV and takes medication. They knew it was violent vomiting,” Gottlieb told the court. “The pain is so severe that the questioning is tantamount to keeping him in a coercive environment against his will. It all adds up, not only the physical illness, but the paranoia, that renders the statement involuntary. It is the totality of the circumstances.”


Assistant District Attorney Wanda DeOliveira countered that Comello had been read his Miranda rights against self-incrimination, waived them and spoke to investigators.

She said the defendant continued talking to detectives for about two and a half hours, even after throwing up.

“It’s whether or not his condition … impairs his decision-making,” said DeOliveira, who was joined by Assistant District Attorney Carrie Low. “It seems once he vomits, he appears better. … He’s offered to go to the hospital. It’s almost as if he’s bargaining with the detective … so I submit his mindset is crystal-clear. I ask the court to look at the video in its entirety.”

Only portions of the interview were played during the proceeding.

Garnett said he’ll review the entire tape in chambers.

The judge said he will rule on the defense motion to suppress the statements at the next hearing on Dec. 5 in state Supreme Court, St. George.

Comello did not testify during the three-and-a-half-hour proceeding.

Garbed in a dark blue suit and blue shirt, he is clean-cut, having shorn a bushy beard.


The defendant sat with his left hand cuffed to a chair at the defense table, writing on paper, drumming his fingers and whispering often to Paul Townsend, Gottlieb’s associate.

At the end of the hearing, Comello sought to address the court, but Garnett denied him.

The defendant is facing murder and other charges stemming from Cali’s March 13 slaying and is expected to present an insanity defense at trial.

A trial date has not been set.

DETECTIVE TESTIFIES

Detective Daniel Guariano of the Staten Island Homicide Squad was the only witness to testify.

He said he initially encountered Comello at around 8:45 a.m. on March 16 shortly after the defendant’s arrest in Ocean County, N.J.

Comello was in the back of a police car and was being taken to the Ocean County prosecutor’s office for questioning by Guariano.


The detective said Comello asked him if he watched Fox News, then said he had contracted AIDS after having sex with a stripper while high on cocaine.

Comello also said he was taking medicine for HIV.

Under questioning by Gottlieb, Guariano said he didn’t inquire further about the medicine.

Guariano said Comello was read his Miranda Rights after arriving at the Ocean County prosecutor’s office.

DeOliveira then played a segment of the tape in which Comello admitted to shooting Cali outside the victim’s Hilltop Terrace home.

He said he had parked on the victim’s street because it was dark, and smoked pot. He also said he was high on suboxone.

Comello told the detective he was so high, he backed into Comello’s SUV and knocked off the license plate.

He said the victim came out, he apologized, and Cali became incensed.

“He said, ‘What are you, f------ kidding me? … You don’t know who I am. I could have you killed. You’re lucky I don’t kill you right here and now,’” Comello told Guariano.

Frightened, Comello said he shot Cali.


“I was scared. I was jumpy, I was high. … I just zoned out. … I would never do something malicious like that,” said Comello.

Asked about the gun, a 9 mm, Comello told the detective: “I always had that gun. It’s a just-in-case gun.”

At that point in the interview, Comello said he didn’t know Cali, and the mob didn’t dispatch him to execute the victim.

“I feel horrible about it,'' he said. "I was threatened and I was scared. I’m nobody’s dog. I wasn’t sent there.”

ALTERNATE ACCOUNT

Later in the interview, the defendant provided alternate accounts of the shooting, including saying he was blackmailed into killing Cali.

When the detective asked who, bringing up the name of several mobsters, Comello, responded, “I’m not a rat.”

However, Comello also said he had received a text from mobsters a few days before the slaying telling him to “take care of that other guy.”

In his cross-examination, Gottlieb hammered at Guariano for not inquiring further about the Comello’s HIV medicine and the effect it could have on him.


Gottlieb also contended Comello was seriously ill as evidenced by his vomiting.

In addition, he questioned why the detective didn’t pursue further when Comello initially asked the investigator if he watched Fox News.

The lawyer also suggested Comello’s statements about the all-watching feds and their “Eye in the Sky” was evidence of paranoia.

In court papers, the defense maintains Comello drove to the house to affect a citizen’s arrest on Cali.

He believed the mob boss “held a significant status in a worldwide criminal cabal bent on the destruction of American values and the American way of life,” a defense motions contends.

That alleged criminal conspiracy group is commonly referred to as the “Deep State.”

In the weeks preceding the slaying, Comello had become increasingly vocal about his support of the QAnon group – a right-wing conspiracy-theory organization in which he is believed to have a fundamental role: Protecting President Trump, according to a defense motion.

“Comello’s support for QAnon went beyond mere participation in a radical political organization,” the motion said. “It evolved into a delusional obsession.”


According to the motion, Comello planned to handcuff Cali and deliver him to the military.