The Kings County District Attorney's Office is taking a shot at prosecuting Mario Fortunato and Carmine "Pizza' Polito for the Nov. 29, 1994, murder of Sabatino Lombardi and attempted murder of Michael D'Urso, according to a story by Scott Shifrel and John Marzulli of the New York Daily News.
Fortunato, partner in the Fortunato Brothers bakery of Williamsburg, and Queens pizzeria owner Polito were convicted in federal court. But that conviction was subsequently thrown out. The pair now face state charges.
D'Urso, who survived the hit despite being shot in the head, has testified that Fortunato wanted him dead as payback for a beating he once gave Fortunato. Prosecutors say Polito was motivated to eliminate D'Urso and Lombardi because he owed them $60,000. The two defendants allegedly planned the attack in the San Giuseppe social club on Graham Avenue.
D'Urso, a former mob associate, became a government informant years ago. He helped federal agents build cases against 70 Genovese Crime Family members, including former boss Vincent "the Chin" Gigante.