Fappiano, Released by DNA Evidence, Loses Big Time

Alleged Gambino associate Scott Fappiano.

Todt Hill mobster Scott Fappiano, 53, who spent 21 years behind bars until DNA evidence cleared him, lost his "malicious prosecution" case this past week.

On Wednesday, Jan. 7, a Brooklyn judge issued a summary ruling against him.

See Scott Fappiano decision -- click here for PDF.

Fappiano, allegedly an associate of the Gambinos, was released from prison in 2006 following his 1983 conviction on a rape charge. He was accused of raping a woman in front of her husband, an off-duty police officer, in the couple's Brooklyn apartment, while their six-month-old son was present.

He received a $1.8 million settlement from the state for false imprisonment following his 2007 filing of a federal lawsuit against the city (as well as six detectives). The alleged gangster accused law enforcement officials of conspiring to frame him.

He's been nailed twice by the Feds since his release, however. In 2011 he was charged with participating in loansharking, and this year he was nailed in the supposedly "huge racketeering case" against mobsters from three crime families regarding their infiltration of the waste management business.

The FBI made the case against Genovese gangster Carmine "Papa" Smurf Franco and 28 others. However, charges were dropped and deals were cut once it was known that the government's chief witness had been accused of soliciting sex from a woman he thought to be a minor.

Franco, an associate of the Genovese family, had worked with other Genovese mobsters, as well as guys with the Gambino and Luchese families to operate waste disposal businesses in New York City and in several New Jersey counties; they all were initially charged with counts related to extortion, loansharking, mail and wire fraud and stolen property offenses.

The Feds had grander visions for this case. Genovese capo Tino Fiumara had been running the Lodi crew until his death in 2010. The Feds started the probe with the powerhouse capo as their target. But then the Feds were stuck with an unknown gangster named "Papa Smurf" as the lead figure, until the news broke of the Sopranos-loving gangster who flipped. (We have since learned that "Papa Smurf" was a nickname dreamed up by the Feds' tainted witness, Charles Hughes.)

Fappiano, who faced 20 years if convicted, was among those given sweet deals by the Feds so they would not have to allow defense attorneys to rip their pedaphile witness apart on cross.

This past Wednesday, U.S. District Court Judge Sandra Townes issued a summary judgment in favor of the city, ruling that Fappiano did not have enough evidence to bolster his claims regarding perjury and witness-tampering.

The real rapist/assailant, who remains at large, as far as law enforcement knows, broke into the couple's apartment as they slept. He tied up the husband with telephone cord then raped the off-duty cop's wife repeatedly. Then he smoked a cigarette and sucked down a beer taken from their refrigerator. The woman escaped, wearing only a towel, and the rapist fled into the night.

Fappiano was chosen by her from a lineup the next day -- despite the fact that he was 5 inches shorter than the 5-foot-10 attacker as the woman had first described. She also testified against him at trial.

Meanwhile, her husband couldn't identify him from that lineup. Also blood tests based on evidence at the crime scene (including the cigarette) failed to link him.

His first trial ended in a hung jury; the following year following trial number two he was found guilty and charged with 20 to 50 years in prison. His release stemmed from the participation of the Innocence Project.