Trenton Mayor Mack Enters Federal Corruption Trial Status Hearing

The Trenton Times published the following article on March 6, 2013. To read the full article, click here.

Trenton Mayor Tony Mack receives public support before entering federal corruption trial status hearing

By Alex Zdan/The Times 
on March 06, 2013 at 7:00 AM, updated March 06, 2013 at 7:02 AM

TRENTON — Even under the weight of a federal indictment, a looming criminal trial, and a city beset with crime and financial problems, Mayor Tony Mack can still summon a powerful personality.

As he walked alongside his lawyer in the shadow of City Hall yesterday, headed toward the federal courthouse for his latest appearance since being arrested in September, Mack greeted well-wishers.

With a handshake, a clap on the shoulder, a dynamic smile or a wave, Mack brought out a share of the old charisma that handily won him the mayor’s seat in 2010.

“Good luck, Mr. Mayor Mack,” a woman said as she approached him. “Good luck.”

“Thank you,” Mack answered, beaming.

Inside the courtroom, it was a different story. Mack, in court again as the corruption case against him continues to move toward a likely trial date this summer, folded his hands across his chest, sunk his head, and barely said an audible word.

Yesterday’s noon status conference required the mayor, who has been indicted on extortion, bribery, wire fraud and mail fraud, to appear in court so U.S. District Judge Michael A. Shipp could evaluate the progress being made on trial preparation.

His co-defendants — brother Ralphiel Mack and Mack’s former backer, Joseph “JoJo” Giorgianni — were required to be there as well.

But the men ended up spending 40 minutes waiting in the courtroom as their attorneys met privately in the judge’s chambers with Shipp and the assistant U.S. attorneys prosecuting the case. Defense lawyers said later the meeting focused mostly on the process of evidence being discovered, and ended without any change to the time frame leading up to trial.

Waiting in the courtroom for his attorney Mark Davis, Tony Mack leaned against the wooden divider behind the defense table, his feet planted at a 45-degree angle on the floor. Mack’s shoulders were hunched up and his back was facing Giorgianni, who was in a wheelchair just five feet away.

Separated from Mack since their arrests by a no-contact order, Giorgianni stared at the floor or drifted off to sleep. Mack and his brother, legally allowed to interact, stood next to one another. But it was Ralphiel Mack who did most of the talking as his brother nodded or stared ahead, eyes up toward his brow.

Emerging from the courthouse later in the afternoon, all the attorneys said little had changed.

“It’s a status conference; the court just wants to be informed of what’s going on,” said Robert Haney, Ralphiel Mack’s attorney.

In order for the defense to review the months of wiretaps, intercepted text messages, and in-person recordings that form the backbone of the government’s case, normal requirements for a speedy trial have been suspended until June 17. Under that arrangement, a trial would have to start within 70 days of the deadline.

The continuance granting extra time may be extended, however, which could push the trial date back even further.

Mack has vowed to stay in office and fight the charges. He had nothing to say to reporters while leaving and entering the courthouse. Giorgianni, with a surgical mask covering his face, had no words either.

Just last week, a former city employee and close confidant of both Giorgianni’s and Mack’s pleaded guilty to extortion and drug charges. During his plea, Charles Hall III said that he, Mack and Giorgianni devised a scheme to extort developers of a downtown parking garage for $100,000 worth of bribes. Hall said they used him and Ralphiel Mack as bag men to move the money — in reality, marked bills for cooperating witnesses working alongside the FBI.

Hall was eventually turned by the FBI, too, and worked with the government to help get the charges on the group, which led to raids of their homes and City Hall in July, followed by the arrests two months later. Giorgianni’s attorney, Jerome Ballarotto, said yesterday he was unimpressed with Hall’s plea, and suggested the informant was looking to save himself from jail time.

“He’s got to say something,” said Ballarotto, shrugging.

Meanwhile, the woman on the street who wished Mack well holds out for the best even as she remains unsure about the mayor’s innocence.

“I mean, everyone deserves a little luck,” said the woman, a Ewing resident who identified herself only as Diane. “I can’t say what he’s done in life. I hope there’s no corruption.”

Contact Alex Zdan at azdan@njtimes.com or (609) 989-5705.