LOS ANGELES -- Carlos 'Little Man' Marcello, reputed overlord of organized crime on the Gulf Coast, pleaded not guilty Monday to charges of attempting to bribe a federal judge in Los Angeles. His attorney said he will seek to be tried in Louisiana.
Marcello, 71, reputed boss of the New Orleans Mafia, was arraigned before U.S. District Court Judge Robert Kelleher along with Philip Rizzuto, 42, a New Orleans nightclub owner.
Both pleaded not guilty to all three counts in a bribery indictment charging they conspired to offer cash or 'a valuable art object' to U.S. District Court Judge Harry Pregerson.
Samuel Sciortino, 62, a reputed Los Angeles Mafia figure who had previously pleaded not guilty to the same three charges and had been given a tentative trial date of Sept. 15, also appeared before Kelleher.
Attorneys for all three defendants told the judge they could not prepare their clients' defense in time for a September trial, and attorney Arthur Lemann requested two weeks to file a motion for a change of venue to move the trial to Louisiana.
'Almost all the allegations in the indictment occurred in the Eastern District of Louisiana,' the attorney said. 'Mr. Marcello is an elderly person and does have some medical problems.' He said there were 'other reasons too,' but did not cite them.
Bruce Kelton, a prosecutor with the U.S. Justice Department Organized Crime Strike Force, told the judge the government would need two weeks for the trial. Kelleher then set a hearing on the change of venue motion for Sept. 21 and set a tentative trial date for Nov. 24.
The portly, white-haired Marcello, dressed in a conservative dark gray pinstripe suit and red tie, was flanked by his New Orleans attorney, Provino Mosca, and a tall, dark-haired young man -- apparently his bodyguard -- as he arrived at the federal courthouse with Rizzuto, Sciortino and their lawyers.
Earlier in the day, Marcello and Rizzuto appeared before U.S. Magistrate John Kronenberg, who ordered their arraignment before Kelleher. Each of the three underworld figures has posted $50,000 bond to stay out of jail while awaiting trial.
The three are accused of plotting to offer a bribe to Pregerson in exchange for favorable treatment of Sciortino and four other reputed mobsters -- one of whom has since died -- in a racketeering case for which they were convicted last year.
Sciortino, Dominic Brooklier, Louis Tom Dragna, Michael Rizzitello and Jack LoCicero were convicted of racketeering offenses involving extortion and murder conspiracy. A sixth mobster, Thomas Ricciardi, died before the trial.
Their cases are still being appealed.
Pregerson learned of the bribe plot Nov. 15, 1979 and withdrew from the case, which was tried last October and November 1980 by Judge Terry Hatter.
'Judge Pregerson ... was never contacted by any of the defendants or by any undercover witness or undercover FBI agents involved in the plot,' the Justice Department said.
The three-count indictment Aug. 5 accused each of conspiracy to bribe a public official, corruptly endeavoring to influence an officer of the court and interstate travel in aid of racketeering.
If convicted they each could get a maximum sentence of 15 years in prison and a $25,000 fine.
Marcello, Rizzuto and Sciortino allegedly tried to arrange for FBI informant Joseph Hauser to find an intermediary to pay off Pregerson if he would give favorable treatment to Sciortino and the other defendants.
They allegedly planned to ask Pregerson to grant acquittal, dismiss the charges or -- if the mobsters were convicted -- sentence them to probation.
The indictment listed specific meetings and telephone conversations involving the three defendants, Hauser and an undercover FBI agent.
The FBI discovered the alleged bribery plot accidentally during the 14-month 'sting' operation code-named Brilab. Marcello was convicted of conspiracy in the Brilab racketeering case just three days before he was indicted for bribery in Los Angeles and could be sentenced to 20 years in prison.
