[Deathpenalty] death penalty news----GA., FLA., ALA., OHIO, ARIZ., CALIF., USA

[Rick Halperin]

January 19



GEORGIA:

Judge considers trial options for inmate accused of killing Putnam Co. 
corrections officers----Donnie Rowe faces the death penalty for gunning down 
two corrections officers during an escape.



An inmate accused of killing 2 Central Georgia corrections officers could go on 
trial by the end of the year.

Donnie Rowe faces the death penalty for the 2017 murders of Curtis Billue and 
Christopher Monica during an escape attempt.

Putnam County Sheriff Howard Sills says during a hearing earlier this week, the 
defense and prosecution agreed to have a jury from Grady County hear the case 
-- that’s in southwest Georgia near Cairo.

Sills says Ocmulgee Circuit Judge Brenda Trammell wanted to discuss that 
possibility with the chief judge in Grady County before reaching a final 
decision.

Possibilities include moving the trial down there, or bringing a jury up to 
Central Georgia.

The judge also discussed a possible early November trial date, but that isn’t 
decided yet either.

Ocmulgee Circuit District Attorney Stephen Bradley says they hope to finalize 
the jury situation and trial date during a hearing scheduled for February 27.

The death penalty trial for inmate Ricky Dubose, who is also accused of 
murdering the officers during the escape with Rowe, is scheduled to begin on 
September 30.

The escape ended with a nationwide manhunt that ended days later with the men 
getting caught in Tennessee.

(source: WMAZ news)








FLORIDA:

Death sentence overturned for convicted murderer, rapist



It was one of the most horrific crimes investigators claimed they had ever 
seen.

A mother of 3 was on her morning jog. She never suspected the horror that 
awaited her down the path.

The victim's son, reported his mother, Cuc Tran, missing after she never made 
it back from her run.

Investigators later discovered Tran was abducted, raped, and set on fire by 
Kenneth Jackson.

What was left of her remains were found in a charred van, which had been stolen 
by Jackson.

The jury convicted Jackson and sent him to death row on 10-2 vote. But after 
the U.S. Supreme Court ruled Florida's death penalty sentencing guidelines were 
unconstitutional, Jackson got a 2nd chance at life in prison.

And for the convicted rapist and murderer, it worked out.

Hillsborough Assistant State Prosecutor Scott Harmon announced, "it's not our 
intent to seek the death penalty."

Instead of having a drawn-out hearing with experts and witnesses, the state 
decided to take the death penalty off the table, which means Jackson will take 
his last breath in prison.

Despite security concerns raised by his defense team, Hillsborough County Judge 
Christopher Sabella decided to bring him back to court to change his sentence.

"The defense may be right but in an abundance of caution im going to bring him 
back," ruled Sabella.

Jackson will be re-sentenced, in 2 weeks, to life in prison with no possibility 
for parole.

(source: Fox News)








ALABAMA:

2 suspects arrested in murder of Seale couple initially believed to have died 
in a fire



2 people have been arrested and charged in the murder of a Seale couple who 
were initially believed to have died in a house fire on Sunday, January 6.

Russell County Sheriff Heath Taylor said the case was pushed forward because of 
an anonymous tip that came in Tuesday.

22-year-old Daryus Sullivan and a 34-year-old Joshua James Pickard have been 
arrested for the murders of 65-year-old William Perry and his partner, 
50-year-old Deborah Peay.

Perry and Peay were found deceased in their Silver Run Dr. home following a 
massive house fire believed to be the cause of their deaths.

Autopsies revealed that both Perry and Peay were shot and killed prior to the 
fire. Pathologists were able to determine that neither body had smoke in the 
lungs or esophagus.

The 2 suspects reportedly lived together in a mobile home park, but had no 
known blood relation. One neighbor said one of the suspects “terrorized” the 
High Ridge Mobile Home Park" near the Fort Mitchell-Mount Olive area. Both 
Sullivan and Pickard are charged with capital murder.

“If you kill more than 1 person in a murder, it’s capital murder. If you steal 
something in the process of a murder, it’s capital murder. So there are several 
felonies in conjunction with the shooting that would make [this] capital 
murder," said Taylor.

Police have also recovered what they believe to be the murder weapon, a 32 
caliber handun. Taylor said the pathologist recovered two rounds from the 
victims' bodies, and they will be comparing those to the handgun.

The suspects are believed to have gone into the home to commit a burglary. 
Food, beer and a vehicle were stolen from the residence. The vehicle, a 2001 
two-door Honda Accord, has been recovered.

Pickard also has an outstanding warrant for probation violation out of 
Arkansas.

Being charged with capital murder means Sullivan and Pickard could be facing 
the death penalty. Taylor said the district attorney will "absolutely [be] 
going after the death penalty. Both suspects are being held without bond.

Taylor said they will give the anonymous tipster the $5,000 reward, if they’ll 
accept it.

The investigation is still ongoing.

(source: WTVM news)








OHIO:

Ohio board rejects condemned killer's request for mercy



The Ohio Parole Board on Friday rejected a clemency request by a condemned 
killer who says he's innocent of the fatal shooting of a volunteer addiction 
counselor and is asking that his life be spared.

Warren Keith Henness, who goes by his middle name, was convicted of killing 
51-year-old Richard Meyers in Columbus in 1992.

Myers was a lab technician at a veterans hospital in Chillicothe in southern 
Ohio and frequently volunteered with Alcoholics Anonymous to assist people with 
addictions. He had been helping Henness find drug treatment for his wife, 
according to authorities.

Henness' claim of innocence is not persuasive and his account of the killing 
not reliable, the board said in its unanimous ruling.

"Henness admitted he had told his attorneys so many stories that they did not 
know what was true," the board said.

The inmate is set to die by lethal injection on Feb. 13 at the Southern Ohio 
Correctional Facility in Lucasville. Gov. Mike DeWine has the final say, his 
1st death penalty decision as governor. A message was left with his office 
seeking comment.

Prosecutors said Henness kidnapped Myers, bound and then shot him at an 
abandoned water treatment plant, and then stole his credit cards, checks and 
car.

Henness, 55, his wife Tabatha Henness, and friend Ronald Fair drove around in 
Myers' car for several days afterward, forging the checks and using the credit 
cards, according to prosecutors.

Henness' wife and their friend were also implicated in the killing and provided 
the only evidence of Henness' guilt, according to court records. The two 
pleaded guilty to minor charges of forgery and then testified against Henness 
at trial.

Henness' attorneys have argued he deserves mercy because of lingering questions 
about the others' involvement in the killing.

In addition, they say Henness' lawyers at the time failed to fully investigate 
the case ahead of trial. Henness distrusted one of his attorneys so much that 
he rejected a plea deal that would have spared his life, according to Henness' 
clemency petition.

Henness has a consistent record of good behavior in jail and on death row, also 
making him a good candidate for mercy, David Stebbins, a federal public 
defender, said in a filing with the board this month.

The parole board disagreed, noting Henness has a history of alcohol infractions 
in prison and contributed to problems with his attorneys through his 
unwillingness to provide consistent details.

Stebbins called the ruling disappointing and urged DeWine to judge the request 
for mercy independently. "Henness is facing execution next month because of the 
failures of the legal system, not because he is one of the exceptional few 
worthy of the ultimate punishment of death," Stebbins said.

Prosecutors argue Henness has a history of lying and refusing to take 
responsibility for the killing.

Ohioans To Stop Executions, the state's largest anti-death penalty group, urged 
DeWine to postpone executions until problems with Ohio's capital punishment 
system identified by a state Supreme Court commission are addressed.

(source: Associated Press)








ARIZONA:

Prosecutors want more time to consider death penalty in killing of Tucson girls



The Pima County Attorney's Office has asked for more time to consider the death 
penalty in the case of a man accused of killing 2 Tucson girls.

Christopher Matthew Clements, 36, was arrested in September in connection with 
the slayings of 6-year-old Isabel Celis and 13-year-old Maribel Gonzalez.

He's facing 22 charges in connection with the girls' deaths, including 2 counts 
of 1st-degree murder, 2 counts of kidnapping a minor under 15 and burglary. 
He's also facing 14 counts of sexual exploitation of a minor, related to child 
pornography discovered in his possession.

The county attorney's office initially had until Nov. 24 to provide notice if 
they wished to pursue the death penalty, but requested an extension until Jan. 
25.

On Monday, they asked for a 2nd extension, requesting an additional 60 days to 
make a decision.

Judge Deborah Bernini granted the request Wednesday. The state now has until 
March 25 to provide notice.

Isabel went missing from her midtown home in 2012. Her remains were found in 
the desert northwest of Tucson in 2017. Clements led investigators to the 
remains in a deal he made to get unrelated burglary charges dropped.

Maribel’s body was found in 2014, days after she went missing. Her body was 
found in the same general area as Isabel’s.

Clements has a decades-long criminal history that spans multiple states, 
beginning when he was a teenager.

*******************

Attorneys request more time to consider death penalty against Christopher 
Clements



Attorneys filed another extension, and prosecutors now have until March 25 to 
decide if they want to pursue the death penalty against Christopher Clements.

A Pima County grand jury indicted Clements on charges that include kidnapping 
and murdering 6-year-old Isabel Celis and 13-year-old Maribel Gonzales.

Tucson detectives drove to Phoenix to read 36-year-old Christopher Clements his 
charges of Friday afternoon in connection to the murders of Isabel Celis and 
Maribel Gonzales/ Tucson Police Department

Clements was charged last September. The state initially had until November 24 
to provide its notice to seek the death penalty. The prosecution and defense 
asked for an extension until January 24th, which the judge granted.

Prosecutors were not able to schedule a Capital Review Panel until after the 
deadline.

Attorneys on both sides agreed to ask for another extension, which the judge 
also granted.

(source: KVOA news)








CALIFORNIA:

California and the Death Penalty



California's new governor Gavin Newsom could burnish his state's justice reform 
record by abolishing capital punishment, says an advocate.

On Christmas Eve, outgoing California Gov. Jerry Brown reduced the prison 
sentences of 131 people in California and pardoned another 143, giving them a 
far better chance to reintegrate into society.

The move tops Brown’s already record-breaking number of pardons and 
commutations and other policy changes he championed, all of which were aimed at 
rethinking a justice system that Americans widely agree needs an overhaul.

Indeed, there is a growing recognition across the country that mass 
incarceration and racial inequity in the justice system are among the most 
urgent issues of our time. Brown should be applauded for the steps he took to 
address these issues.

But the governor missed a critical piece by leaving the death penalty off his 
Christmas list.

In doing so, he sent a clear signal that California lags behind the national 
trend to end capital punishment. Now it’s up to his successor, Gov. Gavin 
Newsom, to finish the job.

Brown’s inaction is confusing because the death penalty is already on its last 
legs across the country. Eleven states have either ended or suspended the death 
penalty in the last 11 years. The most recent, Washington State, came just 
months ago when its highest court ruled that racial bias was so ingrained in 
the process as to make it unconstitutional.

States from New Hampshire to Louisiana to Utah have taken significant strides, 
and 2019 is shaping up to be another big year for states seeking to end this 
antiquated practice.

On the other hand, California has the largest death row in the nation—nearly 
740 people, more than 3 times the size of Texas’ death row. California’s death 
row ballooned in much the same way that its prisons did, during an era when the 
death penalty was on the rise.

Many of the people awaiting execution would likely not be sentenced to death 
today, yet they have languished on death row for decades. Many were young 
people at the time of their crimes and are now aging, but desperate for any 
opportunity at rehabilitation. The death penalty offers nothing of the kind.

Instead it represents the lack of hope or opportunity for rehabilitation that 
Brown celebrated in granting his commutations last month.

Like Gov. Brown, I have met or heard from many people who have committed 
violence and later turned their lives around. What has become clear to me again 
and again is that most people don’t commit violence unless they’ve been exposed 
to it before – as victims, as witnesses, and so often as children. California’s 
death row is rife with such people.

The Death Penalty Information Center just published its 2018 report and found 
that 72 percent of those executed this year suffered a dramatic impairment – 
significant evidence of a mental illness; some element of brain damage or 
disability; or chronic, serious childhood trauma.

Those on death row are often poor or people of color and have faced the most 
daunting challenges. We marshal all of society’s resources to kill them after 
they harmed someone else, but what if we had dedicated just a fraction of the 
effort to prevent the violence in the first place?

Trauma, Chronic Poverty and Racism

Trauma begets trauma, and communities plagued by chronic poverty, racism, 
police violence, and mass incarceration experience that trauma at the highest 
levels. The communities most harmed by violence are very often the same that 
get swept into the criminal justice system. One of the cruelest aspects of 
executions – and the way we respond to violence overall – is how we betray our 
most vulnerable people.

We have all the tools we need to address their trauma and start breaking the 
cycle of violence and retribution that has become our nation’s shameful legacy.

Gov. Brown took powerful strides to right those wrongs throughout his 2 most 
recent terms.

“From my background, I do believe that redemption is an essential element of 
being human,” Brown told the San Francisco Chronicle recently.

There was wisdom and humanity in these most recent commutations. That reasoning 
should be extended to people who receive death sentences. Gov. Newsom now has 
an extraordinary opportunity.

By commuting the sentences of these 740 women and men, or imposing a moratorium 
on executing them, he can create a new legacy that pulls California and the 
U.S. ever closer to a new era for justice.

Additional Reading: Jerry Brown’s Criminal Justice Legacy: ‘It’s Called Hope’

(source: Shari Silberstein is executive director of Equal Justice USA, a 
national leader in the movement to transform the justice system from one that 
harms to one that heals----thecrimereport.org)

************************

Kamala Harris takes hits on her criminal justice record



As Kamala Harris positions for a likely presidential run that could be 
announced as early as this week, the California senator fielded an early hit on 
her criminal justice record Thursday in the form of a scathing opinion piece in 
The New York Times.

Digging into Harris' long and complex record as district attorney of San 
Francisco and attorney general of California, University of San Francisco 
associate law professor Lara Bazelon took central aim at Harris' contention 
that she was a "progressive prosecutor," who sought to right injustice and 
change the criminal justice system from within.

"Time after time, when progressives urged her to embrace criminal justice 
reforms as district attorney and then the state's attorney general, Ms. Harris 
opposed them or stayed silent," wrote Bazelon, the former director of Loyola 
Law School Project for the Innocent. "Most troubling, Ms. Harris fought tooth 
and nail to uphold wrongful convictions that been secured through official 
misconduct that included evidence tampering, false testimony and the 
suppression of crucial information by prosecutors."

In an interview Thursday, Bazelon said that she was inspired to write the piece 
after Harris devoted a chapter in her new memoir, "The Truths We Hold," to the 
idea that she was a progressive prosecutor.

"For some of us, that was just too much to bear. Because that's not her 
record," Bazelon said. "I think that the decisions she made had an eye toward 
running for higher office -- had an eye toward trying to walk this tightrope of 
not getting law enforcement and police and prosecutors upset with her."

Harris aides dismissed the piece as opinion and noted that a number of 
Bazelon's examples lacked proper context, or even an acknowledgment that 
line-level prosecutors made central decisions in a number of the most 
controversial cases.

"Kamala Harris has spent her career fighting for reforms in the criminal 
justice system and pushing the envelope to keep everyone safer by bringing 
fairness and accountability," said Lily Adams, Harris' spokeswoman, said in a 
statement.

"In 2004, when most prosecutors were using a tough on crime approach, Senator 
Harris was starting Back on Track in 2004 which diverted young people charged 
with first time drug offenses into apprenticeship and training programs instead 
of decades long prison sentences. When she was Attorney General, she brought 
accountability to the system with the first statewide training on implicit bias 
and procedural justice in the country, body cameras to the agents at DOJ, 
launched multiple pattern and practice investigations and demanded data on 
in-custody deaths and police shooting be made available to the public."

Citing the criticism of the fact that Harris did not take a position in 2014 on 
Proposition 47, a reform of California's three strikes law, Harris aides said 
her policy as attorney general was that she would not take a position on a 
ballot measure if she was responsible for writing the ballot language. She 
viewed it as a conflict of interest.

While Harris did favor reforming the three strikes law for low-level felonies 
to help reduce California's prison population, she also had concerns that if 
inmates were released there should be proper support services in place to help 
them. Aides noted that while Harris was district attorney and dealing with the 
three strikes law on a day-to-day basis, she did not seek any 25-year-to-life 
sentences on any low-level crime.

Bazelon also faulted Harris for refusing as attorney general to support 
statewide standards governing the use of body-worn cameras by police officers.

At that time, Harris, broadly, supported the use of body-worn cameras and 
required Department of Justice officers who she oversaw to wear them. But an 
aide said she believed that each police jurisdiction should have flexibility to 
set their own standards for how footage could be used, how long it should be 
kept and when it should be released to the public.

Bazelon's piece also criticized one of Harris' most controversial stances, 
which was her decision to defend the death penalty as California's attorney 
general even though she personally opposed it. Earlier in her career, Harris 
took considerable heat for refusing to seek the death penalty in 2004 for the 
killer of San Francisco police officer Isaac Espinoza.

In her book, Harris describes her campaign for California attorney general. She 
writes how a longtime political strategist believed she could not win because 
she was "a woman who is a minority who is anti-death penalty."

It was a stereotype, wrote Harris. Her position on the death penalty as 
attorney general would be far more complicated.

While Harris personally opposed the death penalty, she defended the law as a 
matter of professional duty to her state. Death penalty advocates would be 
disappointed, while she won praise from the Los Angeles Times editorial board.

On the flip side, in a controversial 2004 case earlier in her career as San 
Francisco district attorney, Harris took immense heat from Democratic Sen. 
Dianne Feinstein and California police unions when she did not seek the death 
penalty for Espinoza's killer.

In part because of the complexity of Harris' record, Bazelon touched off a 
vigorous debate about Harris' criminal justice stances, both on Twitter and in 
early voting states like Iowa and South Carolina, where Harris is scheduled to 
visit next week.

If Harris runs, it is a debate that will likely play out for many months among 
her 2020 rivals, particularly as Harris tries to consolidate the 
African-American vote in South Carolina and the early states of the Southeast 
where that demographic makes up a large portion of the electorate.

The Democratic California senator, who has worked closely with Kentucky 
Republican Sen. Rand Paul on bail reform and co-sponsored legislation making 
lynching a federal crime, has clearly been expecting these attacks from the 
left, particularly as criminal justice reform became a focal point for 
Democratic activists.

In her new memoir and during her talks at book tour events, she frequently 
noted her family's surprise at her decision as a young woman to become part of 
a system that has disproportionately incarcerated black and brown men.

Harris writes in the book that she "knew that there was an important role on 
the inside, sitting at the table where the decisions were being made. When 
activists came marching and banging on the doors, I wanted to be on the other 
side to let them in."

At every event, she also noted her efforts to reduce recidivism, implicit bias 
within law enforcement and the program she launched giving first-time drug 
offenders an opportunity to get high school diplomas and jobs.

Some, noting the breadth and expanse of Harris' legal record over several 
decades, rose to her defense.

"It is an unfortunate byproduct of the campaign season to place Democrats into 
a box," said South Carolina Democratic Party Chair Trav Robertson. "I would 
believe that Senator Harris had significant input from her staff—legal 
professionals in these circumstances. This opinion piece will have little 
impact on her chances in South Carolina."

"Most important, her performance during the (Supreme Court Nominee Brett) 
Kavanaugh hearing and the (attorney general nominee William) Barr hearing more 
than likely will have motivated those who consider themselves progressives in 
the Democratic Party," Robertson said.

Bazelon's opinion piece in the Times also sent ripples through some Iowa 
Democratic circles as they await an announcement of Harris' decision.

Andrew Turner, the former campaign manager for Iowa State Auditor Rob Sand -- 
who narrowly beat the GOP incumbent in the 2018 race -- said the piece was 
"widely talked about and passed around."

Turner acknowledged that most Iowans aren't making up their minds at this 
juncture, "but activists and staffers do, and I think some who had liked her a 
lot before don't feel the same way."

He called the opinion piece "troubling," especially to him, a young Democratic 
man of color.

"This op-ed for me, helped narrow down my choices," Turner said to CNN. 
"Senator Warren and Senator Booker both have tremendous records on these issues 
and don't need to explain why just as recently as 2014 they couldn't support a 
State Proposition (47) that would help curb some of the systemic racism in the 
criminal justice system and would improve the quality of life for so many young 
black and brown, men and women."

"I think there's lots of other black and mixed race Democrats out there 
thinking the same thing I am right now," Turner said.

Former Iowa Democratic Party chair Sue Dvorsky called the review of Harris' 
record "fair because she's expected to be top tier." Dvorsky noted that every 
one of the 2020 candidates is facing scrutiny of their records.

"It isn't too early. We're starting," Dvorsky said. "Every one of these 
candidates have three things they have to do: Lay out a positive vision of why 
them; explain how they are going to address the current occupant's style; and 
respond to their own record. The longer the record, the longer the response."

Dvorsky, a key influencer in Iowa politics who plans to remain neutral this 
cycle, was an early backer of Barack Obama in 2007 and also caucused for 
Hillary Clinton in 2016. This cycle, she said, "it will be vision, policy and 
record" that will determine Iowa Democratic support. "Everyone will have to 
answer to that."

(source: ABC News)

********************

Appeal Of Death Penalty Decision For Accused Cop Killer Denied----John 
Hernandez Felix, 28, is accused of gunning down officers Jose Gilbert Vega, 63, 
and Lesley Zerebny, 27, on Oct. 8, 2016.



John Hernandez Felix, 28, is accused of gunning down veteran training Officer 
Jose Gilbert Vega, 63, and rookie Officer Lesley Zerebny, 27, on Oct. 8, 2016, 
after they responded to a family disturbance call at his home. Testimony at a 
hearing last year indicated the 911 call that preceded the gunfire was sparked 
by a fight between Felix and his sister over a remote control device.

Felix is accused of opening fire on Vega, Zerebny and a third officer through 
the metal screen door of his home as they approached. He also allegedly fired 
on 5 of their colleagues who responded to the shooting, none of whom were 
struck by the gunfire. Felix was taken into custody at the residence following 
a 12-hour standoff.

The latest court proceedings in Felix's case involved a hearing to determine 
whether he was intellectually fit to face capital punishment, an argument 
stemming from the 2002 Atkins v. Virginia case, which led to a U.S. Supreme 
Court ruling that it is cruel and unusual punishment to execute a defendant 
with intellectual disabilities.

During a bench trial late last year, testimony from three mental health experts 
was heard regarding his mental fitness, but Riverside County Superior Court 
Judge Anthony R. Villalobos ultimately ruled that prosecutors can proceed with 
their capital murder case against Felix.

Felix's attorneys appealed the decision, leaving the proceedings in limbo for 
about two months, until the appellate court filed its denial of the appeal 
Thursday. Felix's next scheduled court appearance is Jan. 25.

He is charged with 2 counts of murder and 6 counts of attempted murder, with 
special circumstance allegations of killing police officers and committing 
multiple murders, making him eligible for capital punishment if he's found 
guilty.

Criminal proceedings were previously suspended for 6 months in 2017 when 
Felix's attorneys sought to have him found mentally incompetent to stand trial. 
They argued he suffers from "traumatic amnesia" and has no memory of the 
shooting, preventing him from contributing to an adequate defense, but 
Villalobos ruled in late 2017 that the defendant was competent enough to assist 
his attorneys.

District Attorney Mike Hestrin has alleged that Felix, who's accused of donning 
body armor and firing armor-piercing rounds from an AR-15 semi- automatic 
rifle, specifically targeted police.

(source: patch.com)








USA:

A reputed Bronx mobster gunned down at a McDonald’s drive-thru was targeted for 
death by killers using a hidden GPS device.



Federal prosecutors revealed Friday that Sylvester (Sally Daz) Zottola, a 
longtime associate of the Bonanno organized crime family, was murdered 5 days 
after the plotters surreptitiously placed the tracking device under his car.

Zottola, 71, was fatally shot five times as he waited for a cup of coffee 
behind the wheel on Oct. 4, 2018. 5 suspects accused in his death could face 
the death penalty in the mob execution.

Assistant U.S. Attorney Lindsay Gerdes said after detectives discovered the 
device beneath the dead Mafioso’s car, they reviewed closed-circuit television 
footage close to where the device was first activated.

“Sure enough, you see some of the defendants handling the tracking device,” 
said prosecutor Gerdes — adding the GPS tracker was first activated on Sept. 
29, 2018.

Telephone records confirmed Bushawn (Shelz) Shelton, Herman (Taliban) Blanco, 
Arthur Codner, Himen Ross and Kalik McFarlane plotted to kill Zottola and his 
son Salvatore, as did evidence showing Shelton’s car parked near the victim’s 
residence on 20 different occasions in the months prior to his killing, court 
papers allege.

At their joint court appearance in Brooklyn federal court on Friday, the 
defendants sat in shackles while prosecutors rolled out the damning new 
revelations.

Defense attorneys for the accused men asked U.S. District Judge Raymond Dearie 
to lift an order requested previously by prosecutors to prevent the 
co-defendants from discussing the case with one another. Dearie asked the 
government to reconsider its position, but Gerdes indicated that prosecutors 
had a reason for their request.

“These defendants have all communicated with one another in furtherance of a 
plot to kill 2 people,” charged Gerdes. “One of those people is dead.”

Zottola’s son Salvatore, 41, had survived a July 11 murder attempt outside his 
waterfront home in the Bronx — a hit ordered in an effort to “lure out” the 
father, according to a federal criminal complaint. 2 of the suspects drove to 
his house to lie in wait, but Salvatore never appeared that day, the complaint 
said.

His father similarly escaped death in multiple threatening incidents over the 
last year, including a December 2017 attack inside his Bronx apartment where 3 
masked invaders stabbed Sylvester Zottola repeatedly in the neck and chest.

(source: New York Daily News)