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Defendant Rizzitello Accused of Threatening a Witness : Trial: Prosecutor in attempted murder case gets a nasty surprise when he puts convicted man on the witness stand.

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TIMES STAFF WRITER

The prosecutor in the Michael Anthony Rizzitello attempted murder trial Wednesday accused the reputed Los Angeles racketeer of threatening a witness who was about to cooperate with the prosecution.

Rizzitello attorney Anthony P. Brooklier denied that his client had done anything wrong and accused Deputy Dist. Atty. Christopher J. Evans of making “self-serving” statements.

Rizzitello, 62, who has a long history of racketeer-related arrests and convictions, is accused of shooting Mustang topless bar financier William Carroll three times in the head, leaving him permanently blind, just after midnight on May 1, 1987. Prosecutors contend that Rizzitello wanted to muscle in on profits at the Mustang and considered Carroll uncooperative.

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Joseph Angelo Grosso, 46, already has been convicted at a separate trial last year as an accomplice in the shooting.

Prosecutors wanted to call Grosso to the witness stand Wednesday, expecting him to take the 5th Amendment and refuse to testify. That would have freed prosecutors to put before Rizzitello’s jury a transcript of Grosso’s testimony from his own trial--in which he said that Rizzitello was the shooter.

Rizzitello’s defense is based primarily on earlier statements by Grosso that Big George Yudzevich, a bouncer at the Mustang who has since been murdered, was the shooter.

Grosso recanted the Yudzevich version at his own trial. He said he had told the earlier version because Rizzitello had threatened to kill him if he implicated Rizzitello. But the Rizzitello jury so far does not know Grosso recanted the Yudzevich version.

When prosecutor Evans walked into court Wednesday, he expected Grosso to take the 5th Amendment. So did Grosso’s attorney, Gary M. Pohlson. That’s what Grosso had told both of them that he would do during a joint meeting last week. But instead, Grosso surprised everyone by saying he would be glad to testify.

That led the stunned Evans to announce to Superior Court Judge John L. Flynn Jr. that he wasn’t ready to put Grosso on. The exchange over Grosso’s testimony took place without the jurors being present.

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The prosecution’s dilemma is that Grosso’s testimony would show the Rizzitello jury that he recanted the Yudzevich version. But law enforcement officials fear that Grosso is so unpredictable that he might change his story again.

Evans did not hide his anger when Grosso announced he was ready to testify.

Evans told the judge that Grosso’s attorney, Pohlson, would verify “that Mr. Grosso stated he is currently under threats from Mr. Rizzitello.”

That brought a storm of protest from defense lawyer Brooklier and Grosso.

“Mr. Evans is lying; no one has threatened me,” Grosso said.

Pohlson told the judge that Grosso did mention two threats from Rizzitello. But, Pohlson said, it wasn’t clear to him when those threats were made.

Flynn told the jury that testimony in the trial should end today. Closing arguments are expected early next week.

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