JAIL FOR JOJO? NOT YET
Giorgianni’s psych time delayed until next week ...
TRENTON — Thursday came and went without Joseph “JoJo” Giorgianni being locked up in a federal prison facility outside Boston to undergo a psych evaluation.
Last week, U.S. District Judge Michael A. Shipp ordered the co-defendant in Mayor Tony F. Mack’s corruption case to report to the Federal Medical Center in Devens, Mass., on Thursday to determine his competency to stand trial after Giorgianni’s attorney submitted an evaluation from a forensic psychologist claiming that he was incompetent.
A source close to the case, who spoke under the condition of anonymity, said Giorgianni’s arrival at the federal facility — a hospital where some of the country’s most notorious prisoners are housed — was delayed until Monday.
The source added Giorgianni’s attorney, Jerome Ballarotto, unsuccessfully tried to persuade federal authorities Thursday to prohibit his client from being locked up at the facility because he fears the stay could be life threatening. Ballarotto provided documentation from doctors claiming Giorgianni could possibly die if he is placed in custody due to his medical condition.
Ballarotto did not return a call for comment.
At a hearing two weeks ago, the report from Giorgianni’s outside doctor was questioned by U.S. Attorney Eric Moran due to some “troubling aspects,” such as the 64-year-old defendant admitting he doped himself up with 180 mg of oxycodone before the evaluation.
Both the feds and Ballarotto also agreed there was concern of malingering with Giorgianni.
In 1979, Giorgianni was convicted of debauching the morals of a 14-year-old girl, but he had the 15-year sentence from the crime vacated based on testimony about his psychological and physical inability to serve jail time.
Therefore Shipp sided with federal authorities to opt for the inpatient psychological evaluation so that the testing could be performed in a monitored environment.
In December, a federal grand jury returned an eight-count indictment charging Mack, his brother Ralphiel Mack, and Giorgianni with extortion, bribery, and mail and wire fraud.
Mack and his co-defendants pleaded not guilty to the charges, which stem from an alleged scheme to accept $119,000 in bribes in exchange for using the mayor’s influence over the development of the parking garage on city-owned land.
Giorgianni is also facing oxycodone distribution charges for allegedly orchestrating a pain killer distribution ring based out of JoJo’s Steakhouse.
A handful of co-conspirators have pleaded guilty to their involvement, but Giorgianni, a Ewing resident, has maintained his innocence.
When Giorgianni — currently under house arrest — reports to Devens on Monday, he will be in the company of one of the nation’s most notorious prisoners.
The man accused of the Boston Marathon bombing, Dzhokhar Tsarnaev, is currently being held there pre-trial.
But it is highly unlikely Giorgianni will see Tsarnaev.
The person connected to the bombing is most likely in the Segregated Housing Unit, according to Cheri Nolan, managing director at Federal Prison Consultants.
“You are in a cell by yourself,” she said of that section of the prison. “You’re only allowed out of the cell for one hour a day for exercise. All your meals, everything, is done right there in your cell. You’re always by yourself and you’re constantly monitored.” Other notable inmates in the prison include the man charged with the country’s biggest insider trading scheme, Raj Rajaratnam, and 96-year-old mobster John “Sonny” Franzese.
Devens with a capacity of 1,126 is classified as an administrative facility because it houses prisoners of all security levels, Nolan said.
“A lot of times, people with serious medical problems are often designated there,” she said, adding it is one of the better prisons in the country. “They also have a sex offender treatment program there.”
Giorgianni’s inpatient evaluation at Devens is scheduled to last for 30 days, with the possibility of that time being extended another 15 days.
A report to determine his competency could take another month to be written.
Judge Shipp has remained adamant Mack’s trial, which has been postponed twice, will remain Jan. 6 even if there are delays due to Giorgianni’s evaluation at Devens.
The judge previously stated he would not be opposed to ordering severance with Giorgianni from the other co-defendants in the case if needed.