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‘Codfather’ asks court to split his, deputy’s cases

November 28th, 2016 — New Bedford fishing kingpin Carlos Rafael and the Bristol County sheriff’s deputy indicted as Rafael’s co-defendant each are seeking to be tried separately in U.S. District Court in Boston.

Rafael, known widely as “The Codfather” because of his vast New Bedford fishing assets and waterfront holdings, and Antonio M. Freitas, the Bristol County deputy sheriff, are scheduled to stand trial together on Jan. 9.

Attorneys for both men filed separate motions with the court earlier this week to sever the cases. The motions also seeks to have the court try each defendant separately, each claiming the other’s statements to law enforcement officials would injure their own cases if tried together.

 Both men have pleaded not guilty to the charges.

“A joint trial presents a serious risk of compromising Mr. Rafael’s Sixth Amendment confrontation rights in light of incriminating evidence made to law enforcement by Mr. Freitas,” William Kettlewell, Rafael’s defense attorney, wrote in his motion to U. S. District Court Judge William Young. “Moreover, severance in this case would not be administratively burdensome as the defendants are jointly named in only one of 28 counts alleged in the indictment.”

Read the full story at The Salem News 

Carlos Rafael trial set for January 2017

June 23, 2016 — BOSTON — The trial of indicted fishing magnate Carlos Rafael and alleged smuggling accomplice Antonio M. Freitas is scheduled for January 2017, which would be nearly a year after federal authorities raided Rafael’s seafood business on New Bedford’s waterfront.

The two defendants’ cases have progressed side by side so far. Neither appeared in U.S. District Court on Wednesday in Boston, where District Court Judge William G. Young scheduled their trial to begin on Jan. 9, 2017, in a brief status conference.

Neither a federal prosecutor nor lawyers for Rafael and Freitas commented afterward.

Rafael, a 64-year-old Dartmouth resident who owns one of the largest commercial fishing operations in the U.S., including scores of New Bedford-based vessels, faces 27 counts on federal charges including conspiracy, false entries and bulk cash smuggling, according to the indictment filed last month.

Freitas is a 46-year-old Taunton resident and Bristol County Sheriff’s Office deputy, suspended without pay. He faces two federal counts, one for bulk cash smuggling and one for international structuring.

Read the full story at the New Bedford Standard-Times

Judge sets new hearing date for indicted fishing magnate Carlos Rafael, sheriff’s deputy

May 26, 2016 — NEW BEDFORD, Mass. — The next scheduled court date for indicted fishing magnate Carlos Rafael is a June 22 status conference in Boston, and a trial would have to begin by early September should the case go that far, according to court documents filed this week.

The status conference also will include indicted Bristol County Sheriff’s Office deputy Antonio M. Freitas, a 46-year-old Taunton resident. The conference will be held at U.S. District Court in Boston, and signals the transfer of Rafael’s and Freitas’ cases from Magistrate Judge David H. Hennessy to District Court Judge William G. Young.

This week’s documents also shed light on when potential trials for Rafael and Freitas could begin.

Prosecutors’ indictment of Rafael and Freitas was unsealed May 9, and Freitas appeared in court that day, meaning the Speedy Trial Act would require a trial to begin within 70 days of that initial appearance. Young ruled this week, though, to start the 70-day clock at the June 22 status hearing, rather than May 9. A motion requesting the extension had been agreed upon by prosecutors and defense counsel.

“They might want a little time to stall and delay in order to explore a plea bargain,” said Boston criminal defense attorney Peter Elikann, a spokesman for the Massachusetts Bar Association and legal analyst who is not involved in either case.

Read the full story at the New Bedford Standard-Times

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