Joe Bruno on the Mob – Frank DiMattina Found Guilty of Extortion.

I must admit, I was a little surprised at the guilty verdict. But whenever anyone's name is associated with the Mafia, however superficially, they have the cards stacked against them in court.

I'm not saying Frank DiMattina is innocent of the charges he threatened Walter Bowers, that if Bowers didn't withdraw his catering bid for lunches for the St. Joseph By The Sea School in Staten Island, bad things would happen to Bowers. What I am saying, that from all I could read about the case, the only evidence they had against DiMattina was Bowers' word himself, and the testimony of a priest, Rev. Michael Reilly, who was handling the school lunch bid.

Father Reilly said on the stand concerning Bowers, "When he withdrew his bid, he was fearful, very fearful. He said, 'I got a visit.'"

Did Father Reilly personally witness the extortion? No. So Father Reilly's testimony was 100% hearsay evidence. Bowers told him, "I got a visit." So how was that enough evidence to convict DiMattina?

The most damning testimony in court against DiMattina was the statement from the prosecution which said, "A confidential source told the Federal Bureau of Investigation that Mr. DiMattina is an associate of the Genovese crime family."

That's all I needed to know to understand why DiMattina was convicted with such flimsy evidence. "A confidential source said……" In other words, a rat informer who might be edging for a way to get a reduced sentence told Team America something they love to hear: that someone is connected to the Mafia.

I don't know if DiMattina was guilty of extortion or not. I don't know if DiMattina is an associate of the Colombo crime family or not. I do know that in America everyone, even an alleged Mafia associate, deserves the benefit of a doubt in court. There must be proof "beyond a reasonable doubt" to convict someone. Hard evidence always trumps hearsay.

I guess the rules change dramatically when the word "Mafia" is injected into the situation.

You can view the article below at:

http://www.nytimes.com/2012/01/07/nyr...

Caterer Tied to the Mob Is Convicted

By MOSI SECRET

Published: January 6, 2012

Frank DiMattina, a suspected Genovese family associate who had dreams of reality television stardom, was convicted Friday of extortion and a related firearms charge.

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Mr. DiMattina, 44, who formerly owned one of Staten Island's most popular catering halls and wanted to make a show about his life there, was found guilty of forcing a rival caterer to withdraw his bid on a lucrative contract for a school lunch program, for which Mr. DiMattina had also bid.

The jury deliberated for a day after a three-day trial in Federal District Court in Brooklyn.

The rival caterer, Walter Bowers, a Staten Island man who bought Ariana's Catering Hall from Mr. DiMattina in March 2010, testified that Mr. DiMattina displayed a gun to him and threatened to have another man beat him if Mr. Bowers did not withdraw the bid.

Jack Dennehy, the prosecutor, also presented testimony from a priest, the Rev. Michael Reilly, who was overseeing the bid process for the school, St. Joseph by-the-Sea High School on Staten Island.

"When he withdrew his bid, he was fearful, very fearful," Father Reilly said of Mr. Bowers. "He said, 'I got a visit.' "

According to court papers, a confidential source told the Federal Bureau of Investigation that Mr. DiMattina is an associate of the Genovese crime family.

Mr. DiMattina, who still cooks and caters, had hoped to star in a show about his life, which he called "Banquet Boyz." He produced slick promotional videos for the show and posted them on YouTube. A promo for his "hip new reality show" still is online at banquetboyz.com.

Mr. DiMattina faces a mandatory minimum sentence of five years in prison. But for now he is free to cook another day. In an unusual move in a case involving a violent offense, the presiding judge in the trial, Jack B. Weinstein, granted Mr. DiMattina bail before his sentencing.

"You better use this time to transfer the business, because I am not going to postpone sentencing," Judge Weinstein said.