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June 24, 2005

Former mobster can't hear at his own hearing

Former mobster Dominic "Sonny" Celestino, a key figure in the Rochester organized crime wars, returned to federal court Thursday. And he couldn't hear a thing.

A federal magistrate judge agreed Thursday to postpone a hearing involving Celestino because he was unable to hear the legal arguments.

Celestino, 74, is accused of plotting with one of his former mob colleagues, Francesco "Frank" Frassetto, to steal money from a financial institution in New York state and wire it to a bank in Miami.

Prosecutors have said little about the plot, except to allege that the scheme involved an attempt to steal nearly $90 million.

If Celestino had access to any illicit bounty, he apparently used none of it for a sufficient hearing aid. At Thursday's hearing before U.S. Magistrate Judge Marian Payson, Celestino's lawyer, Lawrence Andolina, admitted he was at a loss as to how to proceed since his client could hear very little of the debate.

"I've been confronted with a dilemma that, frankly judge, in my 30 years of practice I've never been confronted with before," Andolina told Payson.

Andolina said Celestino's hearing has deteriorated in recent months. He asked for the adjournment so Celestino, a veteran, could use his veteran medical benefits for hearing tests and an adequate hearing aid.

One earlier hearing aid did not function well, Andolina said.

Celestino and Frassetto, 56, were convicted in federal court in 1980 of racketeering, arson conspiracies and other crimes connected to a series of bombings during a violent turf war between Rochester's Mafia factions.

Celestino and Frassetto were members of the so-called "B team," which was at war with the "A team" for control of illegal gambling and other mob-connected activities.

Prosecutors allege that the two men plotted in 1998, after they were free from prison on the racketeering charges, to make the illegal wire transfer. Celestino is free awaiting trial; Frassetto is jailed on a parole violation.

Celestino also now suffers from poor eyesight. In an earlier hearing, Celestino asked for permission to approach Payson. Andolina said Celestino wanted to make sure he could recognize the judge so he'd be polite if he ever saw her outside the courtroom.

Celestino had to stand within several feet of Payson to see her face.

Assistant U.S. Attorney Charles Wydysh, the prosecutor in the case, said he was sure Celestino was not feigning the poor eyesight and hearing.

"I have no reason to believe that he doesn't have those maladies," Wydysh said.

By Gary Craig

Posted by 4HL on June 24, 2005 10:11 AM


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