Reputed underboss seeks dismissal of extortion charge

By Shelley Murphy, Globe Staff

Reputed New England Mafia underboss Carmen "The Cheeseman" DiNunzio was in state court today as his lawyer tried to convince a judge to dismiss a charge that his client had allegedly been extorting $500 a month from a bookmaker in 2001.

Attorney Anthony Cardinale argued that the state violated federal wiretapping laws while building its case against DiNunzio, 50, who owns a cheese shop in Boston's North End. Cardinale said a court-ordered wiretap -- which included an alleged reference to payments to DiNunzio -- was based on State Police claims that they were investigating illegal gambling, and that investigators were required to get additional court approval if they planned to expand the probe to include extortion.

But John Dawley, First Assistant Essex County District Attorney, said the failure to notify the court was an "administrative snafu'' that caused no harm and the charges should stand. Superior Court Judge Leila Kern took the matter under advisement.

DiNunzio is facing two additional state charges of illegal gambling and conspiracy and is awaiting trial in an unrelated federal case for bribery.

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