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posticon 'Bronx Tale' actor's new lawyer maintains client's innocence


By BILL HUGHES
THE JOURNAL NEWS
 
(Original publication: September 26, 2006)

NEW YORK — Actor Lillo Brancato's new lawyer, Joseph Tacopina, made his first appearance in court yesterday, saying he was convinced that the "Bronx Tale" star was not committing a burglary on the night off-duty Police Officer Daniel Enchautegui was killed.

Brancato and Steven Armento have been charged with murder in the officer's death, which investigators said happened while the Yonkers men were on a drug- and alcohol-fueled binge.

Tacopina, who took up the case after the death last month of Mel Sachs, is a former assistant district attorney from Brooklyn who now represents several celebrities in high-profile cases.

"I represent cops, I love police officers, I was a prosecutor, and I absolutely wouldn't be involved in this case if I didn't believe in Lillo's innocence," Tacopina said after the brief hearing, which was attended by about 50 police officers and nearly a dozen friends and relatives of the suspects.

State Supreme Court Justice Steven Barrett opened the hearing by noting the death of Sachs, a colorful lawyer known for his flair for language, his trademark bow ties and performance of magic tricks. "He was a very fine lawyer and I was looking forward to trying the case with him," Barrett said.

Both suspects were led into the courtroom with their hands cuffed behind their backs, Brancato looking pale and gaunt in a black suit and dress shoes while Armento appeared tanned and fit in a gray track suit and black sneakers.

Tacopina requested a 30-day adjournment to allow him to review the hundreds of pages of court documents he has not yet read.

Armento's lawyer, William Flack, asked the justice for an even longer adjournment to allow the defense to consult with more expert witnesses, and Barrett scheduled the next hearing for Nov. 21. After the hearing, Flack questioned the police version of the shooting, which left the officer fatally wounded and both suspects shot several times. He also maintained that Armento could not have been legally competent to waive his rights and make statements to police without a lawyer present.

"My client was in the hospital with six bullets in him. What was his ability to willingly and knowingly waive his rights?" said Flack, who also questioned who opened fire first and why detectives took a video unit to the hospital but have provided no videotape during discovery for the trial.

Tacopina said he planned to introduce evidence that Brancato was banging on the window of a friend's home, shouting his name, when the gunfire erupted. The friend was a Vietnam veteran named Kenny, from whom Brancato was hoping to get painkillers, Tacopina said.

A spokesman for the Bronx District Attorney's Office said the case would be tried in court, not in the media.

http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20060926/NEWS07/609260314/1023/NEWS07

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