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Schiro, 62, the prosecution's star witness, was a longtime girlfriend of Colombo Crime Family bigshot Gregory Scarpa. She testified that DeVecchio provided information to Scarpa about a fellow gangster who was secretly cooperating in a federal investigation and aided Scarpa in setting up four mob killings. After hearing of Schiro's testimony, reporters Tom Robbins and Jerry Capeci came forward with 10-year-old audiotapes of conversations they had with Schiro to research a book. In those conversations, Schiro reportedly contradicted her sworn testimony in the DeVecchio case.
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Assistant District Attorney Michael Vecchione asked Justice Gustin Reichbach to dismiss the case against the 67-year-old DeVecchio. Vecchione said the case would not have gone to trial "had we been provided these tapes much earlier in the process."
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During the investigation for the case, Hynes publicly blasted federal agencies for their slow response to Kings County requests for information. Federal prosecutors had investigated the charges against DeVecchio earlier but decided not to prosecute. Current and former FBI agents came out in support of DeVecchio.
In the 2005 election, Hynes had to defeat primary election challengers from within his own Democratic party in order to run for reelection.
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