The drug mule suspect who hysterically called her boss after losing a shipment apparently had a reason to be fearful.
Her alleged bosses, Oscar Mora and Kerry Kirkem, openly talked on wiretapped conversations about “beating the hell out of her” or worse.
Mora advocated action, while Kirkem advised caution.
The account comes in newly filed papers, part of an unrelated federal gun case against Mora.
Federal prosecutors, furious that Mora was allegedly running a large-scale drug operation while free on the federal gun charge, outline in papers how Mora allegedly breached a cooperation agreement, never intending to cease his drug operation.
The federal prosecutors speculate that the help Mora did provide was given with the aim to take out competitors in the drug trade for the benefit of his own operation.
Mora, along with alleged co-operator Kirkem, were indicted last month with 22 others, accused of taking part in a major cocaine and heroin operation based in Schenectady.
Among the others indicted was Lisa Kaczmarek, the wife of former Schenectady Police Chief Greg Kaczmarek.
gallo to plead
The alleged drug mule, identified elsewhere as Misty Gallo, is expected to plead guilty today in Schenectady County Court to attempted drug possession, her attorney, Stephen Rockmacher, said. She is to receive four years in prison.
In the federal filing, prosecutors cite state wiretaps of the alleged Mora-Kirkem conversation, saying the two did not know whether she was telling the truth about a traffic stop, whether she was working with police or if she simply ripped them off.
Investigators actually tailed Gallo from Long Island, knowing she was carrying a shipment of $150,000 in drugs. Officers used a ruse to take the drugs without Gallo knowing to see the organization’s reaction.
Rockmacher has said Gallo feared for her life then and still fears for her safety. She is in Schenectady County Jail.
Given a copy of the federal filing, Rockmacher said it was proof.
“She’s lucky to be alive,” Rockmacher said. “I think she owes her life to Kirkem. Whether she knows it or not, that’s my impression from reading this.”
Among the other reactions, state prosecutors have alleged, was a meeting between Kirkem, Lisa Kaczmarek and her husband Greg Kaczmarek to discuss options. Greg Kaczmarek has not been charged.
Mora’s Schenectady charges are pending. He, however, has been offered between 17 and 20 years in exchange for a guilty plea, according to the federal filing. His Schenectady attorney, James Tyner, confirmed that offers have been made but did not detail them.
mora case monday
Mora is facing sentencing Monday on the federal gun plea. He faces 15 years in federal prison.
He was indicted federally in August, accused of possessing a .45-caliber Glock handgun at a Watervilet address. He admitted to the crime in September, with the promise of a recommended lighter sentence if he cooperated.
As part of the agreement, Mora was freed so he could provide help to investigators through his cousin. The cousin is not identified in the federal paperwork. However, a Mora cousin was among the others indicted in the state drug case, officials have said. That man, Wilfred Cordero, is still being sought.
The frustration of federal prosecutors is evident in the paperwork.
At one point, Robert Sharpe, the assistant U.S. Attorney and author of the memorandum, wrote that “perhaps foolishly” law enforcement consented to Mora’s September release and that “we fell prey” to the desire to go after others.
“He never, even for a moment, stopped his criminal activity,” Sharpe wrote, “Obviously, ... we are not just talking about a guy who did not comply with the conditions of his release and of his cooperation agreement.”
With Mora’s cooperation, federal prosecutors would have recommended a lesser sentence. The memorandum makes it clear that they will no longer make such a recommendation.
However, Mora’s federal attorney, Brian Mercy, said Thursday that he still intends to ask for some reduction based on the cooperation that was given. He said he takes issue with the prosecutor’s assertion that Mora was informing on competitors.
“I don’t think that’s anything but purely speculative on their part,” Mercy said.
He said he has yet to see the wiretap transcripts himself.
The federal gun case grew out of another Schenectady drug arrest from May 2007. The Capital District Drug Enforcement Task Force and the Schenectady police arrested Mora and another man, Noah Stisser, after the two allegedly delivered heroin to Schenectady. Inside the vehicle, authorities found 500 glassine envelopes of heroin stamped “high society.” Inside the home, authorities found a Glock. .45-caliber handgun, the one charged in the federal case.
Mora and Stisser were charged locally with drug possession. Mora admitted to the crime this past April. The status of Stisser’s case was unclear. Stisser was only charged in the earlier case; he was not charged in the indictment unsealed last month.