Just when I thought that Fourth of July was going to have new meaning, I was wrong. I wish to apologize for an article I wrote last week called, ‘Thursday, July 1st, 2010 Is Rudy Fratto’s Big Day’. I wrote the article while taking for granted that U.S. District Judge Kennelly would keep his word, by sending Chicago Outfit boss Rudy ‘No Chin’ Fratto to prison on July 1, 2010.
A small number of days before Fratto’s surrender date (7/1), Fratto’s attorney convinced Judge Kennelly that Fratto should remain out of prison until September 7, 2010. The defense argued the following points:
- Fratto was indicted on 3/11/2010 for mail fraud in U.S. v Fratto 10 CR 196.
- April 13, 2010, Fratto had moved to extend his surrender date to meet with counsel through the initial phases of discovery in the mail fraud action and the court agreed on the same date to a 7/1 surrender date.
- U.S. v Fratto was before Judge Lienenweber for the first status 6/30/2010. Fratto had (by the time of the filing of this motion) not yet appeared in that case and no trial date was set.
- Much of the discovery in that case had not yet been produced and the proceedings had been further delayed because of the fact that the co-defendant, DeGioronemo was without counsel in the case (this is odd because DeGioronemo is a wealthy businessperson).
- The government had turned over 1500 pages of transcript of consensual recording of Fratto and a cooperator. There exist many more hours of transcript some of which had not yet been transcribed.
- Other than the transcript, no other documents had been produced to the defense.
Based on all of this, Fratto argued through counsel to extend his surrender date to 9/7/10 to allow him to assist in his defense by meeting with his counsel on discovery matters.