Free Motion for Discovery - District Court of Connecticut - Connecticut

Case 2:90-cr-OOO._]j$;gAHN Document 205 Filed O9/2lf2005 Page 1 of 4
` UNITED STATES DISTRICT COURT E,
FOR THE DISTRICT OF CONNECTICUT I
‘ ) Z.
GAETANO J. MILANO ) MASTER DOCKET NO. _
) 2:90CR18(AI—IN) l
‘ ) -
V- )
)
UNITED STATES OF AMERICA ) SEPTEMBER 21, 2005 tg:
‘ ) lr;}
RENEVVED MOTION FOR LEAVE TO CONDUCT
DISCOVERY RELATING TO THE GOVERNMENT’S
PRE-TRIAL CONFIDENTIAL INFORNIANT NON-DISCLOSURE
The petitioner, Gaetano Milano, hereby moves the Court pursuant to the Fifth and Sixth
amendments to the United States Constitution, Rule 6 of the Rules governing §2255 Proceedings pl.
in the United States District Courts and Rules 26 and 36 of the Federal Rules of Civil Procedure
for permission to propound focused Requests for Admission related to the Govermnentfs pre-trial
misrepresentation that none of the Government’s confidential informants participated in the
homicide of William Grasso. This motion is in follow-up to the Government’s response to the
discovery that this Court already ordered in its Ruling on September 22, 2004, which Ruling __
stated that “[t]he Court will entertain a renewed request to posit requests for admission upon a ‘
showing of good cause after the Government responds to the discovery pennitted herein."
There is good cause for the proposed Requests for Admission for at least three reasons, as ‘_
set forth more fully in the accompanying memorandum of law. In summary, good cause exists

Case 2:90—cr—00018§lAHN Document 205 Filed 09/2Tt.72005 Page 2 of 4 I _i_:
because: Q
1. Despite the protestations from the United States Attorney’s Office for the District
of Connecticut that Angelo Mercurio was not a percipient witness to the Grasso homicide, Mr.
_ Milano, through counsel, has recently obtained the transcript from the re-sentencing of Vincent n
Ferrara before United States District Judge Wolf in the District of Massachusetts, in which
proceedings the Government, while arguing for the continued incarceration of Mr. Ferrara, stated
unequivocally that Angelo Mercurio, who was a Top Echelon Informant at the time, was "liable"
for the Grasso homicide along with Mr. Ferrara;
i 2. The Govermnent’s response to the two interrogatories that the Court permitted
- through its September 22, 2004 Ruling continues the Governmenfs inconsistent and evasive j
position with regard to Mr. Mercurio’s role as a percipient witness; and i
3. The proposed Requests for Admission are Mr. Milan0’s last step in pinning down
the Government’s position with regard to Mr. Mercurio and in joining this pre-trial discovery `
issue for resolution by the Court as part of Mr. Mi1ano’s §2255 petition.
WI-IEREFORE, Mr. Milano moves for permission to serve requests for admission in form
aiiaciiai iieieio as sxhibii A.
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Case 2:90-cr-OOQ1ig$¢AHN Document 205 Filed O9/2*1/:2005 Page 3 of 4
2 PETITIONER Yi
2 GAETANO J. MILANO 1-
..4.;;
Craig A. Raabe Q
Federal Bar N0. ct 04116
. · ROBINSON & Coma LLP
280 Trumbull Street
Hartford, CT 06103 Q
. Telephone: (860) 275-8200
..3-

Case 2:90—cr—OO0,t§¤AHN Document 205 Filed 0942:1 ZQOO5 Page 4 of 4
q CERTIFICATE or SERVICE
This is to certify that a copy of the foregoing was mailed, via first-class mail, postage
prepaid, on this 21st day of September, 2005, to the following counsel of record: I.
John M. Thompson, Esq. James K. Filan, Jr., Esq.
Thompson & Thompson PC United States Attorneys Office
_ 1331 Main Street, Suite 320 915 Lafayette Boulevard
Springfield, MA 01103 Bridgeport, CT 06604
Vincent Bongiorni, Esq. Michael A. Fitzpatrick, Esq.
95 State Street Park City Plaza
Springfield, MA 01103 10 Middle Street, 11t Floor
Bridgeport, CT 06604
Craig A. Rébe
. ·4· Q