Judge Frankel slowly pushed his gla.s.ses down to the bridge of his nose and peered over them.

"You are Joseph Bonanno?" are Joseph Bonanno?"

Suddenly the stenographer, the clerk, and others in the courtroom, hearing the name, all turned quickly toward Bonanno, then turned toward the judge, then back to Bonanno, who stood calmly holding his hat.

"Yes, Your Honor," Bonanno said.

The judge hesitated, looked around the room. Then, pointing to an unoccupied area in the front row, he said to Bonanno, "Please be seated." Bonanno, followed by a tall large lawyer named Robert Kasanof, turned and sat down. Soon Krieger joined them, and then Robert Morgenthau, in shirt sleeves, appeared in the courtroom to take a hard look at Bonanno. Satisfied that this was indeed the man, Morgenthau turned without comment and left the courtroom, which now was being entered by other men as word of Bonanno's presence spread through the building. Reporters from the pressroom below came rushing up to claim front-row seats in the courtroom, and detectives and office secretaries and off-duty elevator operators came in too, and within ten minutes the courtroom was packed and everyone was waiting to see what would happen.

Fifteen minutes pa.s.sed, a half hour pa.s.sed. Bonanno, his lawyers, and the crowd of onlookers sat through the tedium of the other cases, wondering when the show would begin. Another fifteen minutes pa.s.sed; soon it would be lunchtime, and still the government had not made its move. It was as if the government, after investing so much time, effort, and money in its worldwide search for Bonanno, did not really know what to do with him now that it had him.

Finally, at 11:40, two federal marshals walked into the courtroom and took a seat behind Bonanno, and one of them whispered to Krieger, "Albert, we have to arrest your client."

"No problem," Krieger said, relieved that something was finally being done. "Do you have a warrant?"

"Yes."

"Fine," Krieger said, "where do you want us to go?"

"Downstairs," the marshal said, meaning the detention pen on the ground floor of the building.

"Fine," said Krieger, and with Bonanno he followed the federal marshals out of the courtroom. The spectators remained seated awaiting Bonanno's return, noticing, too, that Robert Morgenthau, wearing a jacket this time, had now reappeared in the courtroom accompanied by his staff. Morgenthau handed Judge Frankel a sealed envelope that contained the government's case against Joseph Bonanno. Morgenthau waited.

As Bonanno was downstairs being fingerprinted, palm-printed, and completing other paperwork a.s.sociated with the arrest, two FBI agents walked into the consultation room of the detention pen, and one of them asked Krieger, "Can we talk to your client?"

"Help yourself," Krieger said.

The agents, Robert Anderson and Ed Walsh, sat in chairs across from Bonanno and proceeded to scrutinize him, seemingly searching for some sign in his hair style, his skin coloring, or the cut of his clothes that would indicate where he had been during the last nineteen months. When one of the agents, Anderson, asked Bonanno where he had been, Bonanno did not reply. Then Anderson stood up and circled around Bonanno, picked up Bonanno's hat and looked inside at the label hoping to find out where it had been purchased. Anderson also looked at the label of Bonanno's jacket, the reverse side of his tie, the shoes he wore. Bonanno cooperated fully, seeming neither irritated nor worried. What the FBI agent did not know was that Joseph Bonanno was wearing exactly the same shoes, the same suit, shirt, tie, and socks that he had worn on the night of October 21, 1964, when he had disappeared on Park Avenue.

In the courtroom, after Joseph Bonanno's return, an indictment was read charging him with obstruction of justice for willfully failing to appear before a federal grand jury investigating the five Mafia "families" in the New York area. When Judge Frankel asked how he pled to the charge, Bonanno answered firmly, "Not guilty."

Judge Frankel then nodded toward Morgenthau, a lean soft-spoken bespectacled man who had been the United States Attorney since 1961. Morgenthau wished to read into the record a description of the defendant's criminal past that might justify the high bail that Morgenthau sought against Bonanno.

"Joseph Bonanno was born on January 18, 1905, in Sicily, Italy," Morgenthau began, "and he is married to Fay Bonanno, and they have three children. He has no known legitimate occupation, and..." A look of pain creased Bonanno's face, and he turned toward Krieger, who frowned but did not interrupt Morgenthau as he continued: "He has a criminal record, which includes arrests in connection with attending a meeting in Apalachin, New York, together with major criminal figures from throughout the entire United States. He was also arrested in Tucson, Arizona, in 1956 for failing to appear before a grand jury. He was arrested in Brooklyn for two violations of the Wage and Hour Law. He was also arrested and convicted in Canada in 1964 for making a false statement to the immigration authorities in connection with an application for permanent residence in Canada. The government started to look for Joseph Bonanno in the summer of 1963 in order to serve him with a grand jury subpoena. He was not found in Arizona or in New York, and was finally located in Canada after he had filed his application for permanent residence. After his arrest and conviction in Canada he was then deported to the United States, and upon his arrival in Chicago was served with a grand jury subpoena from this District. He did appear before a grand jury in August of 1964 and was directed to reappear on October 21. According to reports from his attorney, he was allegedly kidnaped in the early hours of the morning..."

The crowded courtroom was very silent, and Bonanno listened impa.s.sively as Morgenthau went on to describe the extensive but futile efforts of the FBI and other law enforcement agencies to uncover him. Even now Morgenthau had no idea where Bonanno had been during the last nineteen months, and Bonanno, who would not have to testify against himself, did not intend to volunteer the information. It would be the government's burden to prove at an upcoming trial that Bonanno had willfully failed to appear before the grand jury and to disprove the defense's story that Bonanno had been kidnaped by unknown abductors.

"We believe," Morgenthau continued, "that he is a man who has shown that he has complete disregard for the processes of the court and for the law. And we believe that at least since December 19, 1964 [the day after Bill Bonanno's call to Maloney], he has been free and able to come into the court at any time that he wished, and he is only coming in now because it suits his own personal convenience. Under all of these circ.u.mstances, we ask for bail in the amount of $500,000."

Bonanno's eyebrows shot upward in a look of astonishment, the courtroom responded with a murmur, and Krieger shook his bald head in objection and removed his gla.s.ses.

"If Your Honor please," Krieger said in a loud voice, standing, "I think that first it is inc.u.mbent upon me to correct some of the information which has been given to Mr. Morgenthau concerning the so-called criminal record of the defendant Bonanno. In the first instance, Your Honor, he has only been convicted of one crime, and I think I am misusing the word 'crime'-offense would be more appropriate. That dealt with a violation of the Wages and Hours Act in the early forties, dealing with nonpayment of some overtime to some employees in a dress firm in which he had a one-third interest. The princ.i.p.als pleaded guilty and were fined $50. That is the extent of his record insofar as convictions are concerned, so I am informed.

"In regard to the Canadian situation, Your Honor, on his application for permanent residency there was a question, 'Have you ever been convicted of a crime?' His answer was, 'No.' This was the basis for a rather complicated perjury prosecution up there. The prosecution was terminated by a withdrawal of the action against him, and he was allowed to leave Canada just as any other person could. He was not deported nor was there an order of voluntary deportation entered. He was allowed to go to the airport, purchase his own ticket, and fly to Chicago.

"On his landing in Chicago he was then served with a subpoena to appear before a grand jury sitting in this District. He did appear here in response to that subpoena. As far as his occupation is concerned..."

"He did not reappear as directed, did he?" asked Judge Frankel.

"Well, Your Honor," said Krieger, "that is one of the issues which will be litigated in the prosecution of this obstruction of justice indictment. The query immediately is posed as to whether he was under a duty to appear. The grand jury in front of which he had appeared in August had expired and the grand jury was excused. He was requested to appear before a brand-spanking-new grand jury. Query as to whether the government was perhaps remiss in not resubpoenaing him. But that is one of the legal issues which would be at the heart of a defense to this indictment.

"Now, as far as his occupation is concerned, Your Honor, it is almost disingenuous for the government to argue that he has no legitimate sources of income. The government levied against his property in December of 1964 in some astronomical figure. Those levies were promptly removed after application was made by counsel representing him in tax matters, because he has scrupulously filed accurate and detailed income tax returns over many, many, many years. The most painstaking audits conducted by Internal Revenue Service have failed to reveal any discrepancy even for a civil levy.

"He has very substantial real estate holdings in his own name and jointly with his wife in Arizona. His wife has interests in a very successful cheese company, the Bella Cheese Company. He is a man of comparative means. He is a man of legitimate income, which has been proved time and time again at least to the satisfaction of the Internal Revenue Service. Now, Your Honor, as far as bail being requested in the sum of $500,000 is concerned, that is almost a request for no bail. It is a complete disregard for one of the basic considerations which a court must face when fixing bail. Certainly the fact that the defendant has surrendered here to the court is an indication that he has returned or presented himself before the court to face whatever charges the United States Attorney chooses to bring against him."

Judge Frankel interrupted, asking, "Mr. Maloney was his lawyer at the time of the press conference to which the United States Attorney referred?"

"That is correct, Your Honor."

"So there was a public representation a year and a half ago that he would turn up in court."

"Well, unfortunately, Your Honor, I think that the circ.u.mstances surrounding this most unfortunate situation between Mr. Maloney and the press and also between Mr. Maloney and Mr. Morgenthau came about, as I understand it, through misunderstandings," Krieger said. "There is testimony before a grand jury which was adduced from the person who called Mr. Maloney. That was the son of the defendant Joseph Bonanno, Salvatore. He testified, I am informed, that he had received a phone call at a certain phone booth, and the voice was not that of his father, but the voice said, 'Your father is all right,' or words to that effect. Salvatore contacted Mr. Maloney and advised him of this."

"Let me ask you," the judge cut in again, "is there some question of privilege or other confidential problem that makes it difficult for you to enlighten me about this year and a half of absence in the face of the press conference? Because this is highly relevant on the question of bail and ensuring the appearance of this gentleman, if there was a notorious awareness that he was expected, on request or otherwise, to come here and that his lawyer then representing him announced that he would come here. It leaves a large question in the court's mind. What happened? Why didn't he come?"

"I appreciate that, Your Honor," Krieger said, "and I am glad that you cut right to the heart of it there. There are many questions which you pose in answer to which I would have to invoke the privilege."

"You mean your pleasure in the question is mitigated by your inability to give me useful answers."

"Yes, sir."

"Well, I understand that," Judge Frankel said, "but it seems to me that the government makes out a rather cogent case for its view that one does not have a solid certainty that this gentleman appears when he is expected in court."

"Why would he be here today, Your Honor?" Krieger replied. "He walked into this courtroom at 10:35, and he sat there waiting and waiting and waiting, until finally the marshals effected an arrest warrant at about twenty minutes to twelve. Why would he be here if he intended to abscond? He certainly would need no permission to abscond."

"I don't understand that, Mr. Krieger," said the judge. "If we expect him back next month and he comes voluntarily in 1968, that won't be satisfactory."

"No, that would not be satisfactory, Your Honor," Krieger agreed. "That is why I cannot argue that a bail should be set. I am not asking for his parole. I think that the court does need some a.s.surance in a realistic figure as to his future appearances before the court, but bail must be realistic, and bail must be sufficient to a.s.sure the government and the court of the return of the defendant, but not so unrealistic that it amounts to a request for no bail."

"Are you saying that he can't make $500,000?" the judge asked.

"He cannot, Your Honor. He cannot."

"With the property you have described, what bail would you recommend?"

"I would recommend this--that is a twofold question, Your Honor. One, you are asking me how much bail could he possibly put up, and the other question is how much bail do I think would be reasonable here."

"Why don't you answer them both?"

"Well, I think that $25,000 bail, Your Honor, would be reasonable and realistic."

"And the other part: what would be possible?"

"In all candor, he could make a somewhat larger sum than that, Your Honor."

"You realize that I am liable to set it somewhat larger and I wanted..."

"I realize that possibility, Your Honor."

"Whatever help you could give me on that," the Judge said, turning before he finished toward the United States Attorney and asking, "Mr. Morgenthau, you mentioned a grand jury problem. You are not asking for bail for his appearance as a witness, I take it?"

"No, we are not, Your Honor."

"What about Mr. Krieger's point that it is questionable whether this witness was under compulsion to appear before that grand jury?"

"I believe that is a problem, Your Honor," Morgenthau said, "but this is the first time that Mr. Krieger has raised that as a reason for his not appearing. Certainly Mr. Krieger has known for many, many months during which he has represented Mr. Bonanno that we have been looking for him. He certainly has not been with his family or at his residence for that period of the last year and a half. And I would like to repeat again that for the years from approximately the summer of 1963 to the summer of 1964 the FBI and the Internal Revenue Service were looking for Mr. Bonanno, and he was not present in his home or in any of the usual places that he frequented.

"When he went to Canada, he went there for the purpose of trying to establish a permanent residence. He applied to the Canadian immigragion authorities for permanent residence. He has, I think without doubt, been a fugitive for about a year and a half. He had full knowledge that the processes of the court were seeking him. Why he has come in at this particular time of course we don't know in detail, but I don't think that anybody who is under a grand jury subpoena should be permitted to select the time in which he wants to come in and appear before a grand jury or before the court."

"Your Honor," Krieger said, "Mr. Morgenthau is in effect arguing his summation after conviction. He is charged with a specific crime. I am not going to argue a defense for that crime here at the time of arraignment. I think Your Honor is faced with a crime the maximum punishment for which is five years. It is not the most serious or heinous of offences. I can cite to Your Honor instances where defendants have been convicted of much more serious offences, have been sentenced to fifteen years in jail, and $100,000 was continued as sufficient bail pending appeal. In the present posture of this case, Your Honor, I again request something in the neighborhood of $25,000."

"I think," Morgenthau said, "you have got to consider the resources of the defendant, Your Honor, and these resources are very, very large."

"The defendant's wife is ill," Krieger interjected, "he does have children, he has grandchildren-if he has been a fugitive for a year and a half, as indicated, he hasn't seen them for a considerable period of time. He is a human being. Regardless of any charges against him, he is a human being and he is ent.i.tled to simple, basic..."

"I appreciate that, Mr. Krieger," said the judge, abruptly. "The question is, what amount of bail will ensure the appearance of this human being in the court when he is expected."

"Yes, Your Honor," Krieger said, gently, as if aware that he may have pushed a bit too hard.

"I will set bail in the amount of $150,000," Judge Frankel said. Krieger and Bonanno did not react; only Morgenthau seemed disappointed.

"Judge," Morgenthau said, after a few moments of silence, "may the government ask that he surrender his pa.s.sport in whatever name he holds it to the clerk of the court? And also that he be directed not to enter any railroad station, pier, dock, or airport and that if he is going to be away from whatever residence that he gives you for a period of more than twenty-four hours, that he so advise the United States Attorney's office that he will be away and the location that he will be at?"

"Your Honor," Krieger said quickly, "I would request this: in the event that he does make bail, that the bail limits be extended to include the Eastern District of New York. My reason for that is that his son has maintained a residence in Na.s.sau County for about two years plus. He probably will be staying there. I would also request, Your Honor, that the bail limits be extended to include the District of Arizona so that he may visit with his wife. She has resided at their home in Tucson for many, many, many years. She is not well. This is known to the government. A trip from Tucson to here could well be injurious to her health. I would have no objection to the last request, of advising the government as to where he is staying."

"And as to surrendering his pa.s.sport, if any?" the judge added.

"I understand the pa.s.sport has expired," Krieger said, "but we will surrender the pa.s.sport."

"He will surrender the expired pa.s.sport," the judge repeated.

"It has to be renewed after three years, I believe," Krieger said.

"Whatever pa.s.sport he has will be surrendered," said the judge, with insistence.

"Surely," Krieger said, "no problem."

"And if he has any other pa.s.sport other than an expired pa.s.sport," Morgenthau added.

"Any pa.s.sport he has he will be ordered to surrender," the judge a.s.sured.

"Any pa.s.sport he ever had was in his own name, and that one will be surrendered," Krieger said, pointedly, reacting to Morgenthau's inference that Bonanno used false pa.s.sports.

"Well," the judge replied, trying to conclude the whole exchange, "the government certainly ought to be able to check on that." After a pause, the judge continued, "Now on the other conditions on which you are not together, would the government feel secure, Mr. Morgenthau, if it were provided, as you requested, that he not enter railroad stations and other such places except for the purpose, on notice to the United States Attorney, of going to and from the District of Arizona to visit his wife?"

"Yes, Your Honor."

"Could you gentlemen formulate that in a way that accomplishes the result; that is, that he is not to go to piers, docks, and so forth, but he is permitted, on notice to the government, to travel to the District of Arizona and return, and to give notice on the occasions of such trips as to when and by what means he will be proceeding to and from Arizona?"

"Yes, Your Honor," said Krieger.

"Mr. Morgenthau, is there any objection to extending the bail limits to the Eastern District of New York?"

"No, Your Honor."

"May we use the ordinary consent form, Your Honor, to the Eastern District of New York?"

"No," Morgenthau interrupted, "I would like you to prepare an order on that."

Judge Frankel concurred, and Krieger said, "All right."

"Will you collaborate in preparing such an order? And I will sign it." the judge said to Krieger.

"Yes, Your Honor."

"Is there anything else?" the judge asked.

"No, Your Honor," Morgenthau said.

"Is there any problem of scheduling for motions and so on?"

"Your Honor, I would like about a month for motions, please," Krieger said.

"That is agreeable, Your Honor," Morgenthau said.

"Is June 20 all right?" Judge Frankel asked, lifting his pencil to his pad.

"Fine," said Krieger.

"That is agreeable," said Morgenthau.

"All right, gentlemen," the judge said, standing.

"Thank you, Your Honor," they said, and Krieger led Bonanno to a place in the building where he would wait while the bail was arranged.

Later in the afternoon, a $150,000 bond was posted by the Stuyvesant Insurance Company of the Bronx at a cost of $4,-530 premium, using as collateral Frank Labruzzo's home in Queens and two parcels of real estate in Tucson in the name of Bonanno's wife and one of her sisters. But a doc.u.ment filed with the bond in court revealed an interesting disclosure: it showed that Bonanno or one of his representatives had begun to make bail arrangements more than a week ago, on May 9, and that the insurance company had sufficient collateral to authorize a bond up to the amount of $500,000-the very figure that Morgenthau had requested and that Bonanno had reponded to in court with a look of pain and astonishment.

After Bonanno had stood before the United States Commissioner and solemnly swore that while on bail he would refrain from entering any emba.s.sies or legations of governments other than those of the United States and after he had returned to him those items that the arresting officers had confiscated as possibly lethal-a silver pencil and a comb-he was free to leave the federal courthouse, which he did at 4:20 P.M.

He smiled as he walked through the corridor, flashbulbs popping in front of him, but neither he nor his attorneys would answer questions that the reporters were asking: Where had he been? Was the kidnaping a hoax? Why did he return?

"I have nothing to say," Bonanno said, repeating it several times as he walked and occasionally shook hands with pa.s.sersby.