Case 4:97-cr-40009-NMG Document 1378 Filed 02/17/11 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

______________________________
)
UNITED STATES )
)
v. ) Docket No. 97-cr-40009-NMG
)
ROBERT F. CARROZZA, et al )
)
Defendants. )
______________________________)

DEFENDANT ENRICO PONZO’S REPLY TO THE GOVERNMENT’S OPPOSITION

TO APPOINT NORMAN S. ZALKIND TO REPRESENT THE DEFENDANT ENRICO
PONZO AND FURTHER MOVES TO JOINTLY APPOINT DAVID DUNCAN FROM
THE CJA LIST, NORMAN ZALKIND’S PARTNER, TO REPRESENT ENRICO
PONZO JOINTLY WITH NORMAN ZALKIND OR SEPARATELY WITH NORMAN
ZALKIND BEING FULLY PERMITTED TO PARTICIPATE WITH MR. DUNCAN IN
THE TRIAL.

The government points out in its opposition that Enrico Ponzo is charged with conspiracy

to murder 14 individuals and attempted murder of two individuals in aid of racketeering.

The allegations clearly show that the defendant needs extremely experienced and

competent counsel in murder cases. Counsel is informed that the prior trials involving a co-

defendant, Marino, arising out of the above indictment, involved 58 trial days in one trial and

approximately two and a half months in another, since counts were severed.

Enrico Ponzo is entitled to effective assistance of counsel and, if possible, counsel of his

choice with which whom he can work effectively to prepare his defense.

Although Mr. Zalkind is not currently on the CJA list, he served on the CJA panel since

its inception. He has one of the highest acquittal rates in the state of Massachusetts in murder

trials and has also tried a federal racketeering involving murders in the District of Massachusetts,

U.S. v. Brima Wurie, which was a CJA case, originally assigned as a death case, but tried
 Case 4:97-cr-40009-NMG Document 1378 Filed 02/17/11 Page 2 of 3

without death issues to a not guilty verdict before Judge Saris in 2006. Zalkind also represented

Wurie on a separate indictment before Judge Young with a not guilty in 2004.

Attorney Zalkind has represented Enrico Ponzo since he was a teenager, and Attorney

David Duncan, Zalkind’s partner, has also represented Enrico Ponzo with Mr. Zalkind on a

number of cases and was trial counsel for Mr. Ponzo in a criminal case ending in a not guilty.

Mr. Ponzo is facing possible life sentences and has reached out to the lawyers that have

represented him and his parents in the past in over seven cases. Enrico Ponzo is in constant

phone contact with counsel, who have already started to prepare his case with no fee. Mr. Ponzo

has appointed counsel in the Idaho Federal District Court.

Mr. Ponzo’s first choice of counsel is Norman Zalkind, but his second choice is David

Duncan who is on the CJA list.

Attorney Zalkind has rarely asked to be appointed specially on cases, but when he has

represented a former client on multiple cases, and the client, facing a life sentence, specifically

requests representation by counsel he trusts and with whom he has a long history, in a case

involving voluminous discovery, complicated issues, and particularly questions regarding

murders, then Enrico Ponzo respectfully requests that the court in its discretion appoint Norman

Zalkind to represent Enrico Ponzo. If the court is concerned that a CJA lawyer be appointed on

the case then the defendant requests that David Duncan with Norman Zalkind be appointed

jointly, which considering the magnitude of the case with no co-defendant’s counsel to assist in

preparation and joint issues is warranted.

In the alternative, the defendant requests that David Duncan be appointed separately, and

Norman Zalkind be allowed to fully assist David Duncan in the trial of the case including

examining witnesses, with Enrico Ponzo’s consent.

The defendant requests a hearing.

 Case 4:97-cr-40009-NMG Document 1378 Filed 02/17/11 Page 3 of 3

By attorney Norman S. Zalkind

for defendant Enrico Ponzo,

/s/ Norman S. Zalkind

Norman S. Zalkind (BBO # 32312)
Zalkind, Rodriguez, Lunt & Duncan LLP
65a Atlantic Avenue
Boston, MA 02110
(617) 742-6020

Dated: February 17, 2011

CERTIFICATE OF SERVICE

I hereby certify that a true copy of this document was filed this day via electronic filing
with the United States District Court, District of Massachusetts, 1 Courthouse Way, Boston,
02210.

/s/ Norman S. Zalkind

Norman S. Zalkind