A controversial $2-million payment by gangsters to a Toronto mother paralyzed in their botched mob hit bought them silence from police and prosecutors and could soon help them get earlier parole, prison lawyers complain.
A recent internal memorandum says the Correctional Service of Canada cannot get current information on Peter Scarcella, imprisoned in the 2004 gangland plot that went horribly awry when gunmen fired into a crowded restaurant, missing their target but hitting bystander Louise Russo.
“It appears that this stems from the fact that Scarcella and his associates paid approximately $2-million to an innocent bystander who was shot during the attempted murder and, in exchange, the Crown agreed not to include any references to organized crime in the plea agreement.
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“As a result, and it would appear at the request of the Crown, the police are not talking.”
The memo comes as Scarcella and Mark Peretz, a co-conspirator in the gangland plot, seek parole.
Prior to their appearances before the National Parole Board, both Scarcella and Peretz are trying to remove an organized crime designation from their prison records. If successful, they would have an easier time moving to lower security accommodations and parole applications would have a greater chance of success.
The carelessness of the April 21, 2004, shooting shocked the city. Mrs. Russo, a mother of three, ran into California Sandwiches in north Toronto to buy a veal sandwich as a reward for a daughter becoming an Air Cadet earlier that evening.
Also in the restaurant was a notorious Sicilian Mafia figure living illegally in Canada. Rivals drove through the parking lot in a stolen van and opened fire. A bullet severed Mrs. Russo’s spine.
“Instantly I lost control of my body,” she said of the attack in court. “Feeling was gone. Gone forever.” She remains a paraplegic.
Scarcella was convicted of conspiracy to commit murder; Peretz of nine counts of attempted-murder. Both men pleaded guilty in 2006 and received 11-year prison terms, reduced to nine because of time served.
As part of their plea bargain, they agreed to an unusual $2-million restitution order paid to Mrs. Russo.
Two other conspirators — Antonio Borrelli, who fired the bullet that hit Mrs. Russo, and Paris Christoforou, a member of Hells Angels Motorcycle Club — have not yet applied for parole.
“Although the conspiracies carry the hallmarks of organized crime, Scarcella was not convicted of a criminal organization offence and the agreed statement of fact submitted by the defence and the Crown makes no reference to organized crime,” the legal memo says.
Brendan Crawley, spokesman for the Ministry of the Attorney General, said he could not discuss the negotiations behind the plea agreement.
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