Ex-Mobster Sees New Life Crumbling (Goomba's Pizza Calzone Incident Ruins Witness Protection)
News-Journal ^ | May 20, 2009 | HEATHER SCOFIELD
Posted on Wednesday, May 20, 2009 7:29:58 PM by nickcarraway
One night, one fight could wind up costing Joseph Milano his business, his home, his life savings and his parents' life savings.
After more than a decade of staying out of trouble, trying to rebuild his life, everything he worked so hard to achieve seems lost, Milano said Tuesday.
Accompanied by his wife, Kristy, Milano was standing in an employee hallway at the Flagler County Courthouse where he had just lost something else: his attorney.
Milano, 41, aka Joey Calco, a former mob hit man turned federal witness, posted $250,000 bail and is facing two charges of aggravated assault with a deadly weapon and two charges of possession of a firearm by a convicted felon. The charges stem from a January incident in his Palm Coast restaurant, Goomba's Pizzeria, where deputies say he assaulted two customers who were demanding a refund for a botched calzone order.
On Tuesday, attorney Robert Eddington told a judge he no longer would represent Milano, citing an "irreconcilable conflict" between them. Eddington said in a telephone interview later he would not comment on what those conflicts might be.
"I think he's a good person and it's unfortunate what has happened to him," Eddington said of Milano. "Hopefully he'll be exonerated (of the charges against him)."
Milano, meanwhile, said the attorney dumped him without warning because he wasn't quick enough in coming up with additional fees Eddington had demanded. Milano said he'd already given Eddington $4,000 and was "working on" getting him more when Tuesday's hearing was held.
Despite losing his attorney, Milano said he plans to move forward with his defense and will plead not guilty. He's hoping another attorney he has hired before, John Murray, will take up his cases again. His next court appearance is scheduled for July.
During Tuesday's interview, Milano told a reporter he "reacted harshly" that January night in his restaurant. He called it an unanticipated byproduct of his past life as a hit man for New York's Bonanno crime family and the Sicilian Mafia.
He said the irate customers, later identified as Jack Kilburne and Richard Capie, threatened to blow up his business and hurt his family and teenage employees. Milano said one of the men appeared to reach into his pocket for something while issuing the threats and he reacted in self-defense.
In his "old life" growing up on New York City's crime-ridden Bath Avenue, Milano explained, such a moment often meant a deadly game of "Russian roulette" was under way. He said he reacted by striking Kilburne with a gun he kept under the counter.
But the incident in his restaurant "should never have happened," Milano said. "I should have called the cops."
Milano said he's paying a hefty price now for the choices he made that night. He and Kristy Milano said he has worked hard to live a law-abiding life in Florida the past three years, but now they live in fear while watching their last dimes disappear.
While the calzone incident led to the discovery of his former life as Joey Calco, it also exposed the identities and locations of family members to people who want him dead, Milano said.
"We never know when a gun could be pulled on us," Kristy Milano said.
For his part, Milano said he always knew he might one day have to face his past. But he said it's unfair his parents and his wife and stepchildren should have to suffer.
After testifying in federal court as Calco, Milano said he moved to Florida to be closer to his family against the recommendations of federal Witness Security Program officials. Milano said in starting his new life, he opted out of the WitSec program and didn't receive any financial help from taxpayers.
Instead, he and his family pooled their money to start his pizza business.
Now, they've lost "every penny" of their investment because media sensationalism has driven customers away, he said. He said he plans to close the place soon.
The family would love to move, or at least get out of harm's way, Milano said, but between the floundering business and mounting legal bills, they don't have the money.
"I'm just stuck," he said.
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For obvious reasons, I just keep shaking my head at some of my heritage gone wrong.