(2 of 2)
Mosley holds his own, but his case suffers the same weaknesses as others that have been brought against the Mafia. For example, four of his main witnesses have recently been convicted of crimes; in exchange for their testimony, Mosley has promised to recommend lighter sentences for them. Will the jury believe men with their records? One is a Mafia gunman who testifies that, from a hidden place, he saw Franzese's pals stab The Hawk several times in a parking lot. Remarking on the witness's matter-of-fact account, the defense asks the jury: "Did you ever in your life see a more cold, calculated killer?"
The rules prevent the prosecution from referring to the Mafia or making any mention of the defendants' underworld activities that might prejudice the jury. Occasionally, Mosley manages to work in a reference to the witnesses' fears before the defense can get in an objection. And point by point, he builds a strong case.
Smothering Rage. When Mafia men are in trouble, the author contends, "help has a mysterious way of arriving in the nick of time." In the Franzese trial it came just before the judge's charge to the jury, in the form of a letter from a Sing Sing convict named Walter Sher. The letter claimed that one of Mosley's witnesses had admitted to Sher that he himself had killed The Hawk. In an emotional plea, Mosley argued that Sher was a psychopath, who had written the letter without even being asked, hoping to receive favors in prison from friends of Franzese. Sher's testimony, although unsubstantiated, was enough to raise doubts in the minds of the jurors. All four defendants were acquitted, and Mosley was left to smother his rage. "The long arm of the law isn't so long, is it, Jimmy?" says Detective Price to his boss. "Who has more connections, the cops or Franzese?"