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U.S. v. MASSINO

No. 02-CR-307 (NGG).

303 F.Supp.2d 258 (2003)

UNITED STATES of America, v. Joseph MASSINO, Defendant.

United States District Court, E.D. New York.

October 27, 2003.

Attorney(s) appearing for the Case

David Breitbart, Attorney at Law, Diarmuid White, White & White, Flora Edwards, Mathew J. Mari, Scott E. Leemon, Offices of Scott E. Leemon, New York City, for Defendants.

Greg D. Andres, Jim Walden, U.S. Attorney's Office, Brooklyn, NY, for Plaintiffs.

MEMORANDUM AND ORDER

GARAUFIS, District Judge.

In this case, the United States has charged Joseph Massino with racketeering and racketeering conspiracy. The Government has moved to disqualify Ephraim Savitt as Massino's court appointed death counsel due to a conflict of interest. The conflict arises from Savitt's prior representation of a cooperating witness ("CW") from 1998 to his sentencing in July of 2003. The Government may call CW to testify...

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