Court Officer Killing Unresolved Convicted of 4 Murders, Thug Beats Gelb Slay Rap

DENNIS QUIRK: At least killer's going away.

A Gambino Crime Family hit man was acquitted of the 33-year-old murder of a Court Officer March 17 by a jury even as it convicted him of four other killings in a Federal racketeering case in Brooklyn.

The mobster, Charles Carneglia, was found not guilty of conspiracy to commit the murder of Court Officer Albert Gelb. The jury was hung on the murder charge, but a spokesman for the U.S. Attorney's Office said essentially this would be seen as a notguilty verdict.

Union: Evidence Overwhelming

Court Officers Association President Dennis Quirk was surprised by and disappointed with the verdict in Mr. Gelb's murder, but said he was satisfied that Mr. Carneglia will die behind bars.

"[The U.S. Attorney's Office] laid out a foolproof case," he said. "It was blatantly clear. The evidence was overwhelming. He threatened Gelb. He told Gelb he was going to kill him when he arrested him and he killed him four days before the trial."

Mr. Carneglia, who was arrested in February 2008, as part of a 62-defendant takedown of the Gambino Crime Family, was convicted of murdering three other mobsters and an armored truck guard. The U.S. Attorney's Office expects he will get life in prison without parole when he is sentenced June 22.

'Used Violence, Intimidation'

"We sincerely hope that today's verdict brings a measure of closure to the families of Carneglia's victims," stated U.S. Attorney for the Eastern District Benton J. Campbell. "They have waited years for this day because the Gambino family used violence and intimidation to silence witnesses and to protect its members."

Court Officers will be in uniform and out in force for the sentencing, even more so than for any one day of the trial, Mr. Quirk said. On March 9, Court Officers lined the back of the room in Brooklyn Federal Court to hear the prosecution's closing statements.

On a table across from the jury box were photographs of the five people Mr. Carneglia was accused of killing. "The defendant, that man, Charles Carneglia, killed all of them," Assis- tant U.S. Attorney Evan Norris told the jury.

Mr. Carneglia rocked back and forth in his chair, chewing gum, appearing unfazed by the accusations.

The prosecution poked holes in Mr. Carneglia's defense that he had cut his Mafia ties, then got into the specifics of each murder.

'Had Motive to Murder Gelb'

Mr. Gelb's sister, Emily, sat in the courtroom near Mr. Quirk as Mr. Norris began to describe the murder of her brother. "The defendant not only agreed to murder Gelb, he murdered him," Mr. Norris said. "One person in the world had the motive to murder Gelb, and he did."

He laid out the graphic details of March 11, 1976, which left "Albert Gelb slumped over in a Volvo dead." Seven bullets were fired, five from one gun and two from another—all of them hitting Mr. Gelb's arm and face.

As the prosecutor spoke, Ms. Gelb remained composed, while she dabbed both eyes with a tissue. Mr. Carneglia removed his glasses to glare at the jury.

Mr. Norris went on to explain to jurors what happened in a Brooklyn diner when Mr. Gelb arrested Mr. Carneglia for gun possession after the mobster hassled a waitress.

"He was very angry and would not accept a peace offering," Mr. Norris said of the mobster. "He said he was going to kill him."

Says Carneglia Boasted of Killing

The Court Officer lived the last 11 months of his life under death threats.

Mr. Carneglia's role in the murder was no secret, the U.S. Attorney said, because he often boasted of it when he was drunk, saying to his Mafia pals, "All of us should kill a cop."

The mobster's lawyers in turn tried to use his drunkenness and his beard as evidence he left the Gambino family in 2001, which they said meant he was indicted beyond the five-year statute of limitations on the racketeering charges.

The jury deliberated for five days before returning the verdict. A few hours later, Mr. Quirk said, "Yes, we are happy they got him. Yes, we are happy he's going to spend the rest of his life in jail, but we are disappointed with the juror or jurors who couldn't come to a verdict."

He acknowledged, however, "It is a consolation that he will spend the rest of his life in jail."

A possible sticking point for the jury may have been the height of Mr. Gelb's murderer listed in a 1976 police report, provided by someone who saw a suspect fleeing, as five-footeleven— five inches taller than Mr. Carneglia. "It's from somebody running away at two o'clock in the morning and you're going to tell me if [the murderer is] five-foot-six or five-footeleven," Mr. Quirk said.

There were no eyewitnesses to the murder.