Mob boss’s son al­lowed to re­main free

AN­GELO MUSI­TANO Re­lease vi­o­la­tions not proven, board con­cludes

National Post (Latest Edition) - - Canada - BY ADRIAN HUMPHREYS

The son of a no­to­ri­ous Mafia boss, who fol­lowed into the fam­ily busi­ness, has been re­leased from prison de­spite po­lice con­cern he un­leashed a fresh round of ex­tor­tion and vi­o­lence shortly af­ter re­lease less than a year ago.

When An­gelo Musi­tano, 30, of Hamil­ton, was re­leased in Oc­to­ber af­ter serv­ing six years of a 10-year sen­tence for or­der­ing the death of a ri­val mob boss, Hamil­ton’s chief of po­lice promised he would be closely mon­i­tored.

Musi­tano’s statu­tory re­lease came with spe­cial con­di­tions on where he could not go, what he could not do and whom he could not speak with. In fact, when he first met with his pa­role su­per­vi­sor in Hamil­ton, he was handed a list of peo­ple to avoid.

Five months later, Hamil­ton po­lice ac­cused him of vi­o­lat­ing each of those con­di­tions.

The al­leged breaches were the fo­cus of the Na­tional Pa­role Board last week when de­cid­ing what to do with Musi­tano: send him back to prison to fin­ish serv­ing his sen­tence or al­low him to re­turn to his mother’s home.

Hear­ing a litany of po­lice com­plaints — from the phone num­bers on Musi­tano’s cell­phone calls to the amount of high-de­nom­i­na­tion cash he was car­ry­ing when re-ar­rested, from sus­pi­cions he vi­o­lated his travel perime­ter to re­ports of him re­ac­ti­vat­ing a life in crime — Musi­tano of­fered in­no­cent ex­pla­na­tions for it all.

The board was told of a large num­ber of calls made from Musi­tano’s cell­phone to a phone reg­is­tered to his sis­ter-in-law, lead­ing po­lice to sus­pect he was us­ing the calls to se­cretly com­mu­ni­cate with his brother. (His older brother, Pasquale Musi­tano, known as Pat, also served a sen­tence for or­der­ing the 1997 slay­ing of a Ni­a­gara Falls crime lord and the two are not al­lowed to com­mu­ni­cate.)

“This jus­ti­fi­able sus­pi­cion was not, how­ever, ac­com­pa­nied by other in­for­ma­tion to con­firm con­tact with your brother or to dis­prove your claim that tele­phone con­tact in all cases was with the other rel­a­tives,” the board told Musi­tano.

Po­lice also pre­sented records for his cell­phone show­ing nu­mer­ous calls were made from out­side his im­posed travel perime­ter, sug­gest­ing he was stray­ing fur­ther than he was al­lowed.

Musi­tano coun­tered with a dec­la­ra­tion from his girl­friend that she of­ten used his phone, in­clud­ing at the times and places noted by po­lice.

“The board found this claim plau­si­ble and notes the ab­sence of any di­rect ob­ser­va­tion or other in­for­ma­tion in­di­cat­ing that you had been the per­son us­ing the tele­phone on these oc­ca­sions,” the board said in its de­ci­sion record, re­leased yes­ter­day.

Musi­tano also had a num­ber of calls on his cell­phone with peo­ple “well known by po­lice to be in­volved in crim­i­nal ac­tiv­ity,” the board heard.

Musi­tano said he kept get­ting calls from peo­ple he was try­ing to avoid. Since po­lice of­fered no ev­i­dence to the con­trary — such as wire­taps — the board ac­cepted the ex­pla­na­tion.

The board then turned to the is­sue of re­newed crime. “The most se­ri­ous al­le­ga­tions against you were in the form of a me­moran­dum from the po­lice con­tain­ing al­le­ga­tions of ex­tor­tion and vi­o­lence,” the board said.

“These al­le­ga­tions were ev­i­dently based on in­for­ma­tion from un­named po­lice in­for­mants. No in­for­ma­tion was pro­vided as to the iden­ti­ties of these in­for­mants,” the board said adding that no crim­i­nal charges re­sulted.

“You deny any crim­i­nal ac­tiv­ity while on re­lease and no per­sua­sive in­for­ma­tion has been pro­vided to cor­rob­o­rate the in­for­mants’ claims in this re­gard.”

Even Musi­tano’s ar­rest in March for the al­leged vi­o­la­tions caused po­lice con­cern; he was car­ry­ing $850 in large de­nom­i­na­tion bills.

“You claimed to have re­ceived this money from your mother to buy some cloth­ing. An af­fi­davit from your mother sup­ports your ver­sion of this set of facts and the board finds this ver­sion to be plau­si­ble, par­tic­u­larly as it is not con­tra­dicted by any other wellar­tic­u­lated the­ory.”

The board then granted Musi­tano an­other chance.

De­spite the sus­pi­cions of Musi­tano’s pa­role of­fi­cer and “the ex­ten­sive and highly crim­i­nal­ized pop­u­la­tion with whom you tend to be linked,” the ev­i­dence was not con­clu­sive enough to jus­tify send­ing him back to prison, the board con­cluded.

He was al­lowed out of Fron­tenac In­sti­tu­ion, a min­i­mum-se­cu­rity prison, to re­turn to Hamil­ton, where he holds a part-time job.

An­gelo Musi­tano served six years of a ten-year-sen­tence for or­der­ing a mur­der.

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