BUFFALO, N.Y. — As he awaits sentencing for his recent convictions for conspiracy involving drug dealers, former DEA agent Joseph Bongiovanni is requesting new attorneys.
In an affidavit filed with the court, Bongiovanni said there has been an irreparable breakdown between himself and the defense team which represented him through two lengthy trials.
"I'm stunned by this," said Federal Court Judge Lawrence Vilardo from the bench during a court proceeding on Tuesday. Vilardo classified the representation Bongiovanni received from his trial attorneys Parker MacKay and Robert Singer, as "superb".
Bongiovanni spoke in court and asked for a private meeting with the judge so that the judge might be able to "understand this better," but the judge indicated that would not be possible.
Singer also spoke in court saying, "It's too late to save the relationship at this point."
A third defense attorney, John J. Gilsenan, who was part of the case, but who never examined any witnesses or spoke at trial, is accused by Singer and McKay of interfering in the case late in second trial.
"We unknowingly allowed a fox in the hen house," Singer told the judge.
It was indicated in court that Gilsenan, whom Singer says was fired from the defense team, spoke to Bongiovanni separate and apart from Singer and MacKay.
It was also inferred that Gilsenan may have attempted to poach Bongiovanni as a client.
"The way this came to us suggests there was an intermediary who caused a wedge to be driven that can't be undone," said McKay. "We are prepared to honor Mr. Bongiovanni's request that we step aside."
Bongiovanni, who faces sentencing in June, is now requesting that Gilsenan be part of a new legal team to represent him. The judge told him that while while he may appoint an attorney for Bongiovanni, it would be up to them as to whether to accept Gilsenan as a co-counsel.
Assistant U.S. Attorney Joseph Tripi, who led the prosecution team and often clashed with MacKay and Singer, also sung their praises as litigators.
"They (MacKay and Singer) are clearly in the upper tier...and no objective observer could say Mr. Bongiovanni did not get top notch representation. Perhaps Mr. Bongiovanni didn't like the result of the trial," said Tripi, despite having what Tripi called "high level and effective representation."
Tripi went further in suggesting that Bongiovanni, who remains out of custody until his June sentencing, was trying to "manipulate" the system by trying to get his sentencing delayed.
In a case that dates back more than five years, Tripi said, "There is an interest by the people to have a speedy sentencing. And I'll bet this would not be happening if he (Bongiovanni) was not at liberty."
When approached on his way out of court, Bongiovanni only told 2 On Your Side, "the beat goes on" before leaving while clutching an armful of files which had normally brought to court by his now fired attorneys.
