by TChris

Defense attorneys contend that the FBI used an informant to record communications with his lawyer, Scott Leemon. At the time, Leemon was representing Joseph Massino, who is accused of being a "boss" in a criminal organization. Massino's current counsel, David Breitbart, argues that Brooklyn federal prosecutors used the informant to learn the strategy that lawyers representing various members of the organization intended to use at an upcoming trial.

Prosecutors deny the allegation, saying that the FBI was merely looking for evidence of a crime when its informant recorded the conversations with Leemon. Breitbart says the tapes reveal no evidence of criminal activity, but they do show that the informant "pumped Leemon for defense strategy and learned that the defense would not try to dispute government evidence about the structure of the organized crime family."

As a result, the defense attorneys said they are asking that the lead prosecutor, Assistant U.S. Attorney Greg Andres, be removed from the case or barred from using evidence gathered by the informant in the upcoming racketeering trial of reputed Bonanno boss Joseph Massino and two other men.

Judge Nicholas Garaufis instructed prosecutors to produce FBI documents and other reports that show how the informant was handled by investigators. Leemon may also be asked to testify.