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At the close of evidence, prosecutors agreed to dismiss four counts against defendant Michael "Cocoa" Cicchetti and one count against Gary "Junior" Ball Jr., acknowledging they had not presented jurors with evidence they could use to convict.
Dismissed against Cicchetti, 55, of Dearborn Heights are two counts of conspiracy to commit murder, one racketeering count and one count of conspiracy to move stolen vehicles across state lines. Dismissed against Ball, 44, of Dearborn is one count of conspiracy to commit murder.
Lawrence Shulman, Ball's Southfield attorney, said he argued from the start there was no evidence Ball plotted to murder a bike club informant and it was wrong for the government to wait until the end of the trial to acknowledge that.
"How much more serious of a charge can you throw out there?" he asked.
Edmunds could later throw out other counts after hearing motions for judgments of acquittal from all the defendants. Such motions are common in criminal trials at the close of the government's case.
None of the defendants took the stand in their own defense. The only witness called by any of the defendants was FBI Special Agent Edward Brzezinski, the lead case agent. Prosecutors called more than 60 witnesses in the trial that began with jury selection April 1.
The trial of six alleged Highwaymen leaders is the first phase in the government's prosecution of more than 80 alleged Highwaymen members and associates in one of the largest indictments ever brought in the eastern district of Michigan.
Cicchetti was tried in absentia after suffering a heart attack. Also on trial are Aref "Steve" Nagi, 46, of Sterling Heights; Leonard "Dad" Moore, 61, of Lincoln Park; Joseph "Little Joe" Whiting, 56, of Westland; and Anthony "Mad Anthony" Clark, 52, of Allen Park.
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