Reputed underboss seeks time to exercise

In this October 2007 photo, Carmen "Big Cheese" Dinunzio listened in Salem Superior Court as his attorney argued a motion to dismiss racketeering charges against him. (Robert Spencer/Globe File Photo)

Carmen "The Cheese Man" DiNunzio is looking for a bit of exercise and a good night's sleep.

The reputed underboss of the New England Mafia is asking the federal court to release him from a judge's orders for at least two hours a day so he can abide by his doctor's orders.

Under the petition, filed Tuesday by his lawyer, Anthony Cardinale, DiNunzio is seeking to go to a local park with a track or to a fitness center for at least 30 minutes of exercise. He would set a daily schedule with pretrial services officers.

The request is based on a recommendation by Dr. Aaron B. Waxman of Massachusetts General Hospital, who writes in court papers that "Mr. Dinunzio (sic) is on a strict weight loss program because of diabetes and heart failure. I need him to have at least 30 minutes a day of sustained aerobic exercise. The best exercise he can do is sustained walking allowing for both arm and leg exercises."

The government does not object to the request, Cardinale said.

DiNunzio has been free on $20,000 cash bail since he was indicted in May on one count of conspiracy to commit bribery. He and two associates are accusing of paying a $10,000 bribe to an undercover FBI agent posing as a corrupt state highway inspector to secure a $6 million contract to provide soil mix to the Big Dig.

DiNunzio, 51, was released on pretrial conditions that were based in part on his existing condition. He must wear an electronic monitoring bracelet, and can leave home only for court or a doctor's visit or to meet with his lawyer.

DiNunzio weighed more than 400 pounds after his arrest and suffers from sleep apnea, pulmonary hypertension, coronary artery disease, and diabetes.