BROOKLYN (CN) — Hector Rosario, a former Nassau County detective, escaped a multi-decade prison sentence but was convicted on the lesser of two charges Wednesday for lying to FBI agents to protect members of the Bonanno crime family and its illegal gambling parlors.
After more than nine hours of deliberation, jurors found Rosario guilty of making false statements to the FBI and not guilty of obstruction of justice. As a result, instead of a possible 25 years in prison, Rosario only faces up to five years.
During a weeklong trial, prosecutors made their case that the former detective attempted to intimidate rival mafia families into shutting down their gambling spots around Long Island in exchange for cash payments from the Bonannos.
Rosario, 51, was charged with obstruction of justice and making false statements to the FBI, stemming from claims he lied about knowing the very gambling spots he tried to shut down.
The Bonanno crime family is one of the infamous “Five Families” that dominated New York City for decades. They controlled the city’s organized crime alongside and in competition with the Colombo, Gambino, Genovese and Lucchese families.
According to Salvatore Russo, a cooperating government witness and former associate of the Bonanno family, Rosario was paid approximately $8,000 in cash over the course of a couple months for his efforts.
Russo was one of three cooperating witnesses that testified against Rosario at trial, all of which came from either the Bonanno or Genovese crime family. They are some of the many former mafia members that have turned into government cooperators, partly because of the federal racketeering law that largely eradicated mafia activity.
While witnesses say Rosario was tasked with attempting to shut down multiple gambling parlors, they add he was only able to successfully stage a fake police raid on one: Sal’s Shoe Repair. The illicit gambling parlor was run by the Genovese crime family and belonged to Salvatore Rubino, otherwise known as “Sal the Shoemaker.”
But when interviewed by the FBI in 2020, prosecutors say Rosario denied having any knowledge of that parlor, the locations of other illegal gambling parlors around Long Island or any additional information regarding the organized crime families.
While jurors agreed Rosario lied to the FBI about his knowledge of mafia activity, they ultimately disagreed he impeded a federal investigation.
Rosario’s statements to the FBI didn’t skew the bureau’s investigation, defense attorney Kestine Thiele said during closing arguments. “Not one statement that Mr. Rosario made sent them running into another direction.”
In a statement, Rosario’s legal team praised the jury’s decision.
“We’re glad that the jury acquitted on the obstruction, and it’s a relief that they did,” Rosario’s attorney Lou Freeman said.
According to prosecutors, Rosario also lied about knowing certain members of the Bonanno crime family, including Damiano Zummo, who testified that Rosario warned him federal agents were investigating him.
“The defendant, Hector Rosario, is a corrupt cop who sold his badge to the Bonanno crime family, and then he lied to cover it up,” Assistant U.S. Attorney Sean Sherman said during closing arguments.
But Rosario argued the government’s three cooperating witnesses weren’t trustworthy, and pointed to their criminal activities that were highlighted throughout trial including money laundering, illegal gambling and drug trafficking.
“How can the government ask you to trust these three?” Kestine Thiele, an attorney for Rosario, said during closings.
In a statement, Interim U.S. Attorney for the Eastern District of New York John J. Durham condemned police officers who “exploit their positions for personal gain” and said his office has zero tolerance for corruption of public officials.
“This corrupt detective chose to prove his loyalty to an organized crime family over the public he was sworn to protect,” Durham said.
Despite the mixed verdict, Rosario emerged out of the courtroom appearing relatively unscathed and seemingly upbeat.
He didn’t respond to a request for comment but indicated he’d have one “in the future.”
Rosario is out on a $500,000 bond. A sentencing date has not been set.
U.S. District Judge Eric N. Vitaliano, a George W. Bush nominee, is presiding.
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