lillobrancatojr
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Lawyer for actor charged in cops slaying seeks bail
By BILL HUGHES
THE JOURNAL NEWS
(Original publication: July 17, 2007)
NEW YORK - Saying he believes the case against his client is weak and that he doesn't expect him to receive a prison sentence, the lawyer for cop-slaying suspect Lillo Brancato asked a judge in the Bronx to release the actor from "A Bronx Tale" on bail yesterday.
The request came after a lengthy, off-the-record haggling session between defense lawyers and Assistant District Attorney Terri Gottlieb.
Joseph Tacopina, Brancato's lawyer, said he has been ready to proceed with the trial for months and cited delays by the District Attorney's Office as one of his reasons for requesting bail.
Brancato and fellow Yonkers resident Steven Armento are facing murder charges in the shooting death of New York City Police Officer Daniel Enchautegui in December 2005.
Both suspects sat fidgeting with their hands cuffed behind them throughout the hour-long hearing; Brancato in a suit, tie and dress shoes, Armento wearing khaki pants, an open-neck shirt and sneakers.
About 100 NYPD members sat behind Enchautegui's family on one side of the courtroom, while about 30 friends and relatives of the suspects sat on the opposite side of the room.
Tacopina complained that hospital records and 911 tapes had still not been provided by the prosecutor's office, while Gottlieb explained that she had just completed a complicated case from 2004 involving 19 co-defendants.
Armento's lawyer also complained that the district attorney's office had provided him with witness statements with the names redacted.
State Supreme Court Justice Steven Barrett reserved decision on the bail application, saying he would hand down a ruling within the next month.
Barrett also urged both sides to come to conclusions on several unresolved matters integral to establishing what pretrial hearings would be necessary.
The decision on whether Brancato and Armento will have separate trials hinges on whether the district attorney intends to use statements both men allegedly gave police while recovering from surgery for gunshot wounds that were made before the men could speak to lawyers, Barrett said.
In arguing for bail, Tacopina said there was no question that Armento, not Brancato, fired at the officer and that Brancato did not know Armento had a weapon when the two men went to a friend's house to buy drugs.
He also argued that Brancato was likely to be found not guilty of burglary, since a witness told police they heard someone knocking on a window and shouting, "Kenny."
"You don't burglarize a house by knocking on the window and shouting the occupant's name," Tacopina said. "Generally, burglars are a little more discreet, a little more quiet."
Gottlieb, arguing against the bail application, said Brancato is a flight risk because he faces 25 years to life in prison if convicted of second-degree murder.
Both men are due back in court on Sept. 24.
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8/1/2007, 1:07 pm
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