Pharaoh's owner's attorneys argue he has right to jailhouse interviews

Yahoo

22-02-2025

BUFFALO, N.Y. (WIVB) — Attorneys for the convicted owner of Pharaoh's Gentlemen's Club, Peter Gerace, said the government's effort to block him from doing jailhouse interviews would be an 'unwarranted restraint' on his First Amendment rights.
On Feb. 3, federal prosecutors requested a gag order on Gerace after learning he requested interviews with reporters at the Chautauqua County Jail, where he remains in custody.
Their government's concerns focused on three issues: Gerace could violate a protective order that safeguards sensitive information, he allegedly planned to discuss matters about the presiding judge and prosecutors, and he could use the media to 'threaten or harass victims and witnesses' or use coded messages for nefarious purposes.
Prosecutors said a jailhouse interview with Gerace would pose an 'unacceptable risk to the sordid history of witness retaliation and obstruction committed by, and at the behest of, Gerace.'
But Gerace's lawyers mostly disagreed.
Eric Soehnlein and Mark Foti, Gerace's attorneys, said he has a First Amendment right to speak with the media as long as he follows United States Marshal Service (USMS) policies, and avoids violating a protective order that safeguards sensitive information.
The USMS policy requires either Gerace or the reporter to get permission from various people, including the presiding judge, the federal prosecutors, his attorneys, and the Chautauqua County jail.
'To the extent the government identifies legitimate concerns regarding Gerace's potential statements to the media, the proposed gag order does nothing to legitimately address those concerns,' Gerace's attorneys said in their response filed Tuesday.
On Dec. 27, 2024, a jury convicted Gerace on eight of nine charges, including sex and drug trafficking, maintaining Pharaoh's as a drug-involved business, and two counts of witness tampering. He faces a maximum sentence of life in prison.
Specifically, the jury found the evidence indicated Gerace exploited drug-addicted exotic dancers to traffic them to friends and affluent customers, allowed rampant drug dealing at the club, and ignored heavy drug use among employees and patrons. The jury also found Gerace guilty of bribing former DEA agent Joseph Bongiovanni, a childhood friend, in exchange for inside information that shielded Gerace and associates from law enforcement investigations for at least a decade.
On Oct. 10, a separate jury convicted Bongiovanni on seven of 11 charges, including conspiracy to defraud the United States and distribute drugs, and four counts of obstruction of justice. He faces up to 20 years in prison. But the jury did not convict Bongiovanni of accepting bribes.
Gerace's attorneys said it is unclear what the media wants to discuss with Gerace, but prosecutors made assumptions about what they believe he might talk about.
'The government may not like the content of the speech, but the speech itself is permissible. It cannot be lawfully restrained,' his attorneys said.
News 4 Investigates had a brief phone conversation with Gerace prior to the request for the gag order. He said he wanted to discuss testimony from witnesses, alleged ethical transgressions by prosecutors, government funds provided to some witnesses for rent and other expenses, and potential sentencing deals some hoped for by testifying.
For example, Gerace's former cellmate, Kevin Hughes, had a 'cooperation agreement' with the government.
On Dec. 10, Hughes testified he agreed to share details of conversations he had with Gerace in the hope of getting a reduced sentence.
Hughes also testified Gerace talked about sex parties at his Clarence home, referenced a dancer who overdosed, and told him, 'You'd be surprised what they'd do for a little bit of product.'
The trial included lengthy debate over whether Hughes and another inmate should be allowed to testify. Gerace's attorneys implied the inmates intentionally sought information from Gerace at the behest of federal prosecutors.
Ultimately, the judge allowed both inmates to testify.
Hughes pleaded guilty in May 2022 to narcotics conspiracy by assisting a drug-trafficking operation. State troopers searched his car and seized more than 19 pounds of methamphetamine, 7 pounds of fentanyl, 5 pounds of cocaine, and cannabis products. He faced between 20 years and life in prison.
Almost a month after Gerace's conviction, U.S. District Court Judge John Sinatra sentenced Hughes to time served (17 months) and two years of supervised probation.
Gerace's attorneys said the government cannot restrain him from making comments about witnesses who testified against him, because 'the government chose to elicit witness testimony in open court, and the witnesses chose to testify in open court — whether it be for pecuniary gain or for benefits in their own cases.'
Prosecutors have until Friday night to respond. Thereafter, U.S. District Court Judge Lawrence Vilardo could schedule oral arguments or render a decision.
Dan Telvock is an award-winning investigative producer and reporter who has been part of the News 4 team since 2018. See more of his work here and follow him on Twitter.
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