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Rizzitello Found Guilty in Shooting of Bar Financier

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TIMES STAFF WRITER

Michael Anthony Rizzitello, identified as an underboss in the Milano crime family in Los Angeles, was found guilty of attempted murder and mayhem Wednesday in an extortion-related shooting of the chief financial backer of a topless bar.

It was the first verdict against Rizzitello, 62, since his 1980 racketeering conviction with four other Milano family members in Los Angeles, where he was sentenced to five years in prison.

Rizzitello had been tried in three separate cases since then, and each time was acquitted. One of those involved a charge of conspiracy to murder a government witness and the other two were racketeer-related fraud cases. His lawyers accused law enforcement officials of going after him as a “trophy” in the Orange County case because of those acquittals.

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Rizzitello was accused of shooting Mustang Club financier William Carroll just after midnight on May 1, 1987, while in a car at a parking garage near the Performing Arts Center in Costa Mesa. Prosecutors claim Rizzitello believed that he had to eliminate Carroll before he could muscle in on profits from the lucrative topless dancer club, which is now defunct.

Carroll testified that Rizzitello’s words to him, just before pulling the trigger, were, “ ‘This is for not letting us eat.’ ”

Carroll, 57, survived three shots to the back of his head, but one of the bullets struck an optic nerve and left him permanently blind. For 18 months he refused to reveal who had shot him. But on Oct. 6, 1988, he agreed to talk to investigators. He identified Rizzitello as the shooter and Joseph Angeleno Grosso, 46, as the driver who held him down to prevent his escape from the car.

Carroll’s reversal came just 15 minutes after a judge reduced felony bank fraud charges against him to a misdemeanor with no jail time. Carroll told jurors that he waited until his case was over to name his assailants for fear that Rizzitello would have him killed if he had to go to jail in the bank case.

Rizzitello showed no reaction when the verdicts were read. But later, one of his daughters, Donna Smith of Palm Springs, told The Times that she was shocked and angry.

“My father is a kind, loving man,” she said. “He would never hurt anyone.”

Smith said her father had attempted to “go straight and do the right thing” after his prison term in the Los Angeles case.

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“But they won’t let him,” she said. “The FBI and the prosecutors are framing him just because of his name.”

Smith said she and others in the Rizzitello family stayed away from the trial at her father’s request.

“He has always tried to protect us that way, keep us from getting hurt,” she said.

Rizzitello faces an automatic sentence of at least 27 years to life in prison, with a possible three additional years for the jury finding of great bodily injury. The mayhem count was based on Carroll’s being left blind.

Superior Court Judge John L. Flynn Jr. set sentencing for March 16.

Also key to the prosecution’s case against Rizzitello--as well as Grosso, who was convicted of attempted murder in a separate trial in December--was the testimony of Gene Lesher, the manager at the Mustang. Lesher told police that soon after the shooting, he caved in to threats from Rizzitello that the bar manager might also get hurt if he did not let Rizzitello share in club profits.

Lesher said it was Grosso who first told him that Rizzitello was behind the shooting and set up his first meeting with Rizzitello.

During his trial, Grosso denied any involvement in the Carroll attack, but also named Rizzitello as the shooter that night.

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On Wednesday, Orange County Deputy Dist. Atty. Christopher J. Evans said Carroll was relieved to hear that Rizzitello had been convicted.

“Mr. Carroll is no Boy Scout, but no one deserves the hell he has gone through,” Evans said.

Lawyers for both Rizzitello and Grosso argued at their separate trials that Carroll was probably responsible for the Jan. 1, 1987, murder of Jimmy Casino, the first manager of the Mustang, and the March 3, 1988, murder of George Yudzevich, a bouncer at the club with ties to organized crime.

The defense lawyers tried to convince jurors that Yudzevich shot Carroll and that Carroll had Yudzevich murdered in retaliation. Then, they argued, Carroll decided to hand over Rizzitello to law enforcement authorities, who have been chasing the racketeer for years, in exchange for a deal on the bank fraud case.

But the jurors, who returned their verdict just an hour into their second day of deliberations, said they found none of the defense arguments plausible.

“We found Mr. Carroll’s testimony very convincing,” said jury foreman Beverly J. Meyer of Orange. “We did not think he had any reason to lie about who shot him.”

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Juror Sharon Sepe of Garden Grove said that the panel also found Lesher’s testimony compelling.

“You know he had to be afraid to come back in here and testify about what happened,” she said.

Defense investigator Adam Dawson, who interviewed the jurors afterwards, appeared shocked by the verdict and the jurors’ reaction to the evidence.

“None of the things that we thought were important seemed to matter to them,” Dawson said.

For example, defense attorney Anthony P. Brooklier called to the witness stand a former dancer at the club, Marie McAfee, who testified that Yudzevich confessed to her that he shot Carroll. But several jurors said none of them believed her. For one thing, Yudzevich was 6 feet, 8 inches tall and weighed close to 400 pounds. The jurors agreed with prosecutor Evans’ argument that Yudzevich was too huge to even fit into the back seat of McAfee’s sports car, which is where she said the confession occurred. Also, they accepted Evans’ documentation that Yudzevich was in Las Vegas at the time McAfee said the conversation occurred.

Yudzevich was listed by prosecutors as a co-conspirator in the shooting. Carroll told jurors that a few days after he returned home from the hospital, Yudzevich called him and confessed that he had burned the clothes and destroyed the gun for Rizzitello.

Also, Brooklier put on testimony from Carroll’s own lawyer that Carroll suffered memory loss from the shooting. The jurors did not find that convincing.

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“You’d have some memory loss, too, if you had three bullets in your head,” juror Sepe said. “But that doesn’t mean he wouldn’t know who shot him.”

Both the Casino and Yudzevich murders remain unsolved. While law enforcement officials decline to say whether they have any suspects in those cases, prosecutor Evans did tell jurors that it was more plausible that Rizzitello was behind those shootings than that it was Carroll.

Rizzitello--also known as Mike Rizzi--was prominently mentioned as a top hired gunman for the mob in “The Last Mafioso,”, a bestseller by Aladena (Jimmy the Weasel) Fratianno, a mobster-turned-informant. Fratianno later testified against Rizzitello at two of his trials.

KEY DATES IN RIZZITELLO CASE

Jan. 1, 1987--Jimmy Casino, manager of the Mustang Club, is shot to death at his home in Buena Park. His murder is still under investigation.

February--William Carroll meets Michael Rizzitello twice during the month, each time Rizzitello suggests investments for Carroll, who refuses.

Early March--Joey Grosso invites Carroll to meet with Rizzitello at a Coco’s Restaurant on Harbor Boulevard in Costa Mesa. Carroll eventually agrees to loan Rizzitello $6,500 for a lingerie business. Later, he adds $3,500 more.

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Early April--Carroll meets Rizzitello in Los Angeles. He complains he is not seeing any return on his $10,000 loan and about Rizzitello acquaintances Grosso and Big George Yudzevich, because of reports they are selling cocaine to some of the Mustang dancers. A few days later, Carroll has Yudzevich fired as a bouncer at the club and orders Grosso kicked out.

Mid-April--Someone shoots at Carroll’s car as he is driving on Harbor.

April 30--Carroll meets Rizzitello and Grosso at a Santa Ana restaurant. Grosso later asks if Carroll will drive them to a parking garage in Costa Mesa, where Grosso has left his car. Rizzitello shoots Carroll three times in the back of the head. Grosso prevents his escape from the car. Carroll survives but is left permanently blind. He refused to tell police who shot him.

May 3--Mustang manager Gene Lesher is invited by Grosso and Yudzevich to Las Vegas where Grosso tells Lesher that Rizzitello is behind shooting.

May 7--Lesher meets Rizzitello at Balboa Bay Club. Rizzitello tells him that he could end up the same as Carroll if he does not share Mustang profits.

Dec. 25--The Mustang is heavily damaged in an arson fire. Within a month it burns to the ground in a second arson blaze.

March 3, 1988--Yudzevich is found dead at an industrial site in Irvine, shot three times in the back of the head. His murder remains under investigation.

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Oct. 6--Carroll finally agrees to cooperate with authorities and tells them who shot him. Rizzitello and Grosso are arrested.

Dec. 12, 1989--Grosso is convicted of attempted murder and mayhem in the Carroll shooting and later sentenced to 27 years to life in prison.

Feb. 7, 1990--Rizzitello is convicted on similar charges. Sentencing will be March 16.

Source: Superior Court and police records

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