Eastern District Judge Nicholas G. Garaufis said yesterday that he is referring to the First Department disciplinary committee the testimony of two witnesses in the trial of Vincent Basciano that three lawyers had disclosed the dining habits of a federal prosecutor, which could have resulted “in injury or murder of a law enforcement officer.” Judge Garaufis said he was “extremely troubled” by the testimony. In his statement during yesterday’s proceeding at trial, the judge said, “I am not saying or concluding” that the testimony of the two witnesses, both members of organized crime families, were true, “but I think they require some investigation.”
Judge Garaufis is presiding over the penalty phase of the racketeering trial of Mr. Basciano, the ex-Bonanno family acting boss, against whom the Eastern District U.S. Attorney’s Office is seeking the death penalty. Joseph Massino, a former head of the Bonanno crime family, testified on Wednesday that he knew that Assistant U.S. Attorney Greg Andres dined regularly at Campagnola, an Italian restaurant at First Avenue and 73rd Street, because three defense attorneys had seen him there. He named the lawyers as Murray Richman, David Breitbart and Thomas Lee. On Tuesday, Dominic Cicale, a former leader in the Bonanno family, testified that Mr. Massino was aware that Mr. Andres dined at Campagnola “every Thursday night.”
