With Merlino Trial Delayed, Joey Has Some Other Things To Worry About

If you have been following the Merlino trial, it just seems to be getting stranger by the day.  At first it was the FBI misconduct, then it was the issues with mob rat John Rubeo, then issues with Peter Lovaglio, but now it seems there is another rat in the mix.

For starters Joey was offered a 48 month sentence if he plead guilty.  Some have reported 18 months but that's not accurate.  Joey for the record has never accepted any plea deal in his life and he's not about to start now.  However....

Where we need to begin is why the trial has been pushed back until Jan. 22.  According to various reports Joey was suffering from some chest pain and other issues and it was found out that he had to artery blockages in his heart.  Joey was in the hospital one would assume in Boca Raton, Florida while doctors were trying to correct the issue. The gap between the trial start and the new date is because Joey cannot fly under those circumstances.  All that being said I have been told Joey is doing great, and looks forward to defending himself in New York on the 22nd.

The reason why Joey has not accepted a plea deal in this case we have regurgitated like everyone else that last new months.  But if you are new let's update you.  John Rubeo is a former mob hanger on, who audio recorded and video recorded meetings with Joey Merlino.  Some 800 hours of tapes exist, but there is a problem with those tapes.  The first major issue was that some or parts of these tapes are not complete, deleted, or edited.  The issue there is that if certain parts of tapes are missing or gone, then the question becomes how and why, and what can you prove?  The second issue is how these tapes were handled in terms of evidence.  Any time you hand over recordings there is a chain of evidentiary command that must take place between the snitch and the FBI handler. To make matters more suspect, the evidence was handled badly.  So much so that one FBI supervisor was suspended, and another was tongue lashed by his superiors. 

The major question Merlino's attorneys have had is where the hell are the entire tapes, and with the misconduct of one FBI supervisor, it leaves them a lot of room to fight, and win.
Another issue which has been brought up is Peter Lovaglio.  It's not believed he has any hard information other than confirming extortion and gambling information against Merlino.  What makes both Rubeo and Lovaglio suspect in this situation is that both have past incidents of domestic violence against them.  The Government argued in court that those alleged incidents aren't and shouldn't be admissible, which Merlino's lawyers successfully argued, ultimately with the judge allowing that evidence to be admitted.  Why is that important?

It's important because in any criminal trial, you have character and morality issues.  Just because Lovaglio and Rubeo were "mob guys," isn't enough to turn a juries stomach.  However, if the defense can submit evidence they these two beat women, it changes how the jury will look at them and rightfully so.  That was a huge win for Merlino.  Sadly though another rat has stepped forward.

The new informant Wayne Kriesberg is likely to testify in regards to the paper trail of Medical Fraud. We are talking about $157 million dollars in medical fraud here.  What Kriesberg can do for the government is simply show them the map of the money trail and that can be a huge problem for Merlino if Kriesberg is a good witness.

Kriesberg is a Tampa, Florida guy who had a large money interest in the fraud case and has already plead guilty to all indictments against him.  Rubeo and Lovaglio may not be able to stick Joey with anything, but Kriesberg perhaps can.  If Joey gets convicted of these charges, he's probably looking at close to 20+ years in prison and at 55 that would render Joey effectively done.

The trial begins Jan. 22, in Manhattan and as we get closer to the trial more information will be coming.....