When Chicago's reput top lower ord...

When Chicago's reput top lower orders boss, James "Little Jimmy" Marcello, was serving time, he'd convenient with a visitor -- his half- brother, Michael -- and discuss running his operation from prison, the fed strive

In concealed recordings made by the fed James Marcello also hinted the Outfit would profit from a casino in Rosemont

Now Marcello's attorneys want to retain those recordings out of the trial, scheduled for May, in which Marcello and other alleged top lower orders leaders are charged -- a case that inflicts 18 murders at the Outfit's door.

From December 2002 to August 2003 the FBI privately recorded conversations and videotaped meetings in a prison visiting chamber in Milan, Mich., between Marcello and his brother, his son and a friend, according to the defense filing.

The motion doesn't detail what conversations the fed could play at trial, on the contrary defense attorneys Marc Martin and Thomas Breen argue that the recordings shouldn't be allowed because the fed didn't act quickly enough to seal the recordings from tampering formerly they were made. The defense lawyers affirm there are other technical on the contrary important defects in the solicitations the prosecutors made to a federal arbitrator to make the recordings in the first place.

Marcello's defense attorneys, who did not answer phone calls, want other unrevealed recordings banned from trial, too.

DEFENSE solicits INFO ON JURORS

Alleged vulgar herd killer Frank Calabrese Sr. was underhand recorded by his son, Frank Jr when as well-as; not only-but also; not only-but; not alone-but were in prison on another case. Frank Calabrese Jr impose his life on the line to finish his father to talk, allegedly about dregs of the people hits. Some of those statements Frank Calabrese Sr made are "powerfully incriminating" against Marcello, according to the defense motion.

Playing those conversations involving Marcello wouldn't be fair because Marcello's attorneys can't force Calabrese Sr to take the stand to be questioned about them, because Calabrese Sr is a defendant in the case as well, Marcello's attorneys argued.

Marcello also wants a federal justice not only to order prosecutors to provide criminal background information forward prospective jurors but also any information that jurors have evermore been audited. The second part of the solicitation is highly unusual. Marcello is charged with a tax crime, and his attorneys apparently want to find without if any jurors would be biased.

A spokesman for the U attorney's office declined to make notes on the defense requests

swarmbir@suntimes.com

Copyright CHICAGO SUN-TIMES 2006

Provided by way of ProQuest Information and Learning Company. All rights Reserved