Skinny Joey Can Still Pack a Courtroom
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| Joey, what the hell is a Mummers Parade? |
"The one-time South Philadelphia celebrity mobster had a nearly packed courtroom for his probation violation hearing this morning. Friends, family members, law enforcement officials and more than a dozen members of the media showed up for a 90-minute proceeding that revolved around mundane technical issues and that offered all the drama of a first-year law school seminar.
"After the session before U.S. District Court Judge R. Barclay Surrick ended without any resolution, Merlino, 52, attracted a swarm of television and newspaper photographers as he exited the building at Sixth and Market Streets."
"The Mummers Parade," Merlino said cryptically as reporters shouted questions at him and a small entourage that made its way toward Seventh Street and a parking garage. Merlino was scheduled to return to Florida later today. Whether he has to return for another hearing will depend on how Surrick rules on what amounted to conflicting legal arguments posed by defense attorney Edwin Jacobs Jr. and Assistant U.S. Attorney David Troyer. ....
The probation violation petition alleges that on June 18, Broward County Sheriff's Department detectives spotted Merlino in Havana Nights, a Boca Raton cigar bar, in the company of three convicted felons, including Philadelphia mob capo John "Johnny Chang" Ciancaglini.
At the time, Merlino was completing a three-year term of supervised release (probation) and was prohibited from associating with organized crime figures and convicted felons. Merlino was convicted of racketeering conspiracy in 2001 and sentenced to 14 years in prison. He had completed his sentence and relocated to Florida to finish his probation. Ciancaglini was a co-defendant in that case.
But the issue of association was never brought up during today's hearing which instead focused on a technical issue raised by [defense attorney Edwin] Jacobs [Jr.]. In a motion filed Monday, Jacobs argued that the government had failed to properly issue a summons notifying Merlino of the alleged violation and as a result the court no longer had jurisdiction in the case.
Jacobs said the law required that a summons be issued prior to Sept. 6, the day that Merlino's three-year probation was to end. Since no summons was issued, Jacobs argued, Merlino's probation legally ended on that day and the court no longer had jurisdiction over him.
[Assistant U.S. Attorney David] Troyer called Jacobs' position "preposterous" and the ultimate example of "chutzpah." The prosecutor said a parole violation petition had been filed on Sept. 2 requesting a court hearing. He said in the Eastern District of Pennsylvania, the court then issues a notice to appear in lieu of a summons. ...
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