Fortunato convicted as Polito walks

Brooklyn Judge Joel Goldberg yesterday convicted Mario Fortunato, 60, of second-degree murder in connection with the November 1994 killing of loanshark Sabatino Lombardi, according to reports by Michael Brick of the New York Times and Scott Shifrel of the New York Daily News.

The surprising conviction came a day after a jury found Fortunato's co-defendant Carmine Polito, 48, not guilty. Polito chose a jury trial, while Fortunato - target of a weaker prosecution case - opted to let the judge decide his fate.

Fortunato (right), a baker, and Polito, a pizza maker, stood trial together in federal court on similar charges in 2003. They were convicted and sentenced to life in prison. The following year, the decision was overturned on appeal. State murder charges were brought against the pair in 2005.

Prosecutors argued that Polito wanted Lombardi dead in order to escape a large debt. Fortunato, prosecutors said, had a personal grudge against the loanshark.

During a card game at the San Giuseppe Social Club on Brooklyn's Graham Avenue, Lombardi and Genovese Crime Family member Michael D'Urso were shot by intruders. Lombardi lost his life. According to prosecutors, Polito and Fortunato arranged the "hit." D'Urso, who has since aided in the prosecution of a large number of his former underworld associates including Genovese boss Vincent Gigante, testified against Polito and Fortunato.

Polito not guilty in 1994 loanshark murder

A Brooklyn jury yesterday found Carmine Polito, 48-year-old alleged Genovese Crime Family member, not guilty of the 1994 murder of loan shark Sabotino Lombardi, according to published reports by Alex Ginsberg and Gregory P. Mango of the New York Post and Scott Shifrel of the New York Daily News.

The guilt of innocence of co-defendant Mario Fortunato, 60, will be decided by Brooklyn Supreme Court Justice Joel Goldberg today. Fortunato opted to put his fate in the hands of the judge rather than the jury.

Lombardi and his cousin Michael "Cookie" D'Urso were shot during a November 1994 card game at the Giuseppe Social Club in Williamsburg. Lombardi was killed and D'Urso wounded. Polito (left) and Fortunato were initially charged in federal court with orchestrating the hit, and they were convicted in 2003 of the racketeering-related offense. The convictions were overturned on the grounds that the attack was related to personal business - Polito allegedly owed Lombardi more than $50,000 - rather than to an organized crime conspiracy rightly dealt with in federal court. New York State's top court decided that it would not violate the "double jeopardy" principle for the Kings County District Attorney to charge the pair with murder.

After the shooting, D'Urso entered the witness protection program and testified in cases against many connected with Genovese Crime Family. The D.A.'s case against Polito and Fortunato had three key witnesses, victim D'Urso and two other men who allegedly took part in the hit.

"These guys were so confident they wouldn't even offer a serious plea deal," Polito defense attorney Gerald McMahon said about the prosecutors.

Brooklyn DA tries Fortunato, Polito for murder

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.

Brooklyn DA goes after freed racketeers

The New York State Court of Appeals has cleared the way for the Kings County District Attorney to bring charges against two alleged Genovese Crime Family associates who were tried and convicted for similar offenses in federal court, according to a story by Alex Ginsberg of the New York Post.

At the end of June, the court ruled that Carmine Polito and Mario Fortunato (right) could be tried in state court for the alleged hired killing of a man in 1994. The two men were charged with the specific killing in a federal racketeering trial. Their conviction was later thrown out because the murder was said to have been a personal matter, rather than an organizational one.

The court decided that no double-jeopardy violation would occur through state charges.