Feds examine ties between judge hit by train and indicted strip club owner
Federal authorities are looking into the friendship between State Supreme Court Justice John L. Michalski and Peter G. Gerace Jr., the Cheektowaga strip club owner indicted last week as part of an ongoing investigation into organized crime.
But the attorney representing the judge, who was struck by a
freight train Feb. 28 and remains hospitalized, says there is no indication
that Michalski has done anything illegal.
Attorney Anthony J. Lana told Buffalo News on Monday that
federal authorities contacted the judge about two weeks ago to ask him about
Gerace, who has been charged with paying bribes to a Drug Enforcement Administration
agent.
Lana said that the judge and Gerace have been friends for
decades, starting when Michalski was in private practice and handled legal work
related to Gerace’s Pharaoh’s Gentlemen’s Club, which was raided by federal
agents in 2019.
“My understanding is that John’s work from 20 years ago
involved business and a real estate transfer involving Pharaoh’s and that it
was nothing of a criminal nature,” said Lana, who has been representing the
judge for about two weeks.
“They wanted to see what the relationship was. What is the
connection? Was this just a prior from twenty years or did it develop into
something more,” Lana said.
Lana said he is a longtime friend of the judge and, though
"there are no criminal charges requiring representation," he
explained he is "looking out for the judge's interests."
When asked for details on how Michalski was hit by a CSX
freight train near the Amtrak station in Depew, Lana said he has not yet had
the opportunity to meet with Michalski at Erie County Medical Center to discuss
it.
“I know he suffered a broken leg and is expected to make a
full recovery. I think there is video from the CSX freight rail yard and a
witness or two who had their cellphones out,” Lana said. “John is in a Covid
wing and no visitors are allowed, but I know he is in good spirits.”
U.S. Attorney James P. Kennedy declined to comment on
Michalski.
In 2019, Michael Masecchia, a Buffalo high school English
teacher, was charged with bribing Bongiovanni. In December, when Masecchia
pleaded guilty to drug trafficking and criminal possession of firearms, he
admitted that he and unnamed “others” received sensitive law enforcement
information from Bongiovanni to help them avoid arrest as he sold more than a
ton of marijuana.
Given the latest developments involving Gerace, Lana said
authorities would be negligent if they did not examine the relationship between
Michalski and Gerace.
“Anyone who knows John is aware that he is vivacious and
become friends with him," Lana said. "That is what happened, John
became friends with Peter Gerace and their friendship continued.
“I know they have been out to dinner and that they have
regular conversations. John has been invited to some Gerace family occasions.”
In stressing that he believes there is nothing of an illegal
nature, Lana said, “I have absolutely no basis of knowledge to believe there is
any criminal wrongdoing.”
Michalski officiated at Gerace’s marriage to Katrina Nigro
on Sept. 18, 2014. Nigro has told The News that the marriage was illegally
conducted because a 24-hour waiting period was waived based on false
information.
Nigro and Gerace divorced in 2018. She has told The News
that she has testified before a federal grand jury investigation of organized
crime, but declined to say what she told the grand jury.
Lana said he was aware of the allegation of an illegal
marriage, but said he did not have any details.
Gerace has told The News that Michalski is a friend. He
dismissed his ex-wife’s claims that the marriage was illegal.
The Depew Police Department, which is investigating the
train accident involving the judge, has refused to answer questions about the
incident. It has referred The Buffalo News’ Freedom of Information Law request
for details of the accident to Depew Village Attorney Sam Alba.
Gerace, 53, of Clarence, was the second person charged with
bribing retired DEA agent Joseph Bongiovanni for help to avoid arrest for drug
dealing. Gerace has also been charged with maintaining a drug involved
premises; conspiracy to distribute controlled substances, and conspiracy to
commit sex trafficking. He has pleaded not guilty.
Gerace is the nephew of the man federal law enforcement
officials call the leader of the Buffalo Mafia, Joseph A. Todaro, who has
repeatedly denied that allegation and has never been charged.
Bongiovanni, who has also pleaded not guilty, is accused of
accepting $250,000 in bribes from drug dealers allegedly connected to organized
crime in exchange for protecting them from arrest.
The U.S. Attorney’s Office has been looking into individuals
they claim have ties to the “Mafia” and “organized crime,” according to
statements made by Assistant U.S. Attorney Joseph M. Tripi in U.S. District
Court and court documents.
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