While the odds still aren’t exactly on the side of the ailing 86 year old mobster a distinguished new lawyer and some new evidence has given him renewed hope. Frankie Loc was once a trusted lieutenant of former boss John Gotti. He was part of the New York Mafia families leadership when he was busted along with Gotti and Sammy Gravano back in 1990. Gravano decided to turn rat while Gotti and Locascio got sent to prison for life. But Frank has always claimed that he was wrongly convicted of the murder of Gambino family soldier Louis DiBono. The charge has kept him behind bars for more than 28 years.
According to Locascio’s new lawyer Nancy Gertner, she received newly discovered evidence from Gravano. In an affidavit Sammy the Bull claims that “Frank Locascio had no role in the planning of, nor did he participate in any way in the murder or conspiracy to murder Louis DiBono.” Gravano said Gotti gave the order to kill DiBono because he had failed to show up for meetings with the Gambino family boss. As the boss of the mafia family, Gotti had the sole authority to make the call on killing DiBono.
Gravano said the Locascio didn’t even agree with the decision to kill DiBono. Gravano says an FBI tape recording from 1989 backs up these claims. On it, Gotti can be heard discussing his desire to have DiBono whacked. But Frankie Loc predicts that DiBono will bring Gotti 50 grand to appease the situation and calm things down. But Gotti rebuked Locascio’s suggestion saying: “…I won’t take it Frankie…but I should take it and more….”
This conversation showed that Frank Locascio didn’t approve and tried to save DiBono’s life said Gravano according to the GanglandNews report. Sammy also wrote that shortly after the recorded conversation Gotti told him that he resented Locascio’s suggestion to take the cash and let DiBono live. He went on to say “In addition and most memorable, was the fact that shortly thereafter I was promoted to the position of ‘Official Underboss’ and Locascio was made the Acting Consigliere. It was clear that Frank’s suggestion to Gotti about DiBono was one of the reasons why Gotti made the change in positions.”
Gertner has petitioned the Second Circuit Court of Appeals for permission to contest Locascio’s murder conviction on the strength of this new evidence. If she is successful that this is new evidence that Locascio had no prior access to it would entitle him to file a second motion contesting his previous conviction. His first attempt two years ago using a much different approach failed. Brooklyn U.S. Attorney’s Office is sure to oppose this new attempt at freedom as they have in the past.