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State Rests In Boulis Murder Trial

FT LAUDERDALE (CBSMiami) – The prosecution has rested its case in the trial of Anthony "Little Tony" Ferrari.

Ferrari, along with Anthony "Big Tony" Moscatiello, are accused of organizing he 2001 mob style hit of businessman Konstantinos "Gus" Boulis.

Last week, Broward Circuit Judge Ilona Holmes declared a mistrial for Moscatiello. His attorney, David Bogenshutz, is battling a lingering illness and couldn't continue with the trial.

Prosecutors say they will retry Moscatiello at a later date.

On Tuesday, the jury heard the deposition of a cab driver and a Secret Service agents testimony on cell phones.

After a break for lunch, the state rested its case around 3 p.m.

Boulis was in the middle of a messy power struggle to regain control of the SunCruz Casino fleet which he had sold a few months earlier to New York businessman Adam Kidan and former Washington lobbyist Jack Abramoff. Both were later convicted of fraud in that $147.5 million transaction.

Last week Kidan testified that he was having problems with Boulis and reached out to Moscatiello, who in turn brought in Ferrari, for security and protection.

Moscatiello, reputedly tied to New York's Gambino crime family, gave the orders that led to Boulis' killing to ensure he'd continue receiving thousands of dollars as a SunCruz consultant.

Paul Brandreth, who goes by the name "Paulie", testified Monday that Ferrari tried to hire him to carry out a hit.

"He said 'Somebody's got to disappear'," Brandeth told the jury. "I says 'What for?' He says 'Somebody was in the wrong place, at the wrong time and they're running their mouth and they need to go.'"

Brandeth said he was hired to kill Ferrari's girlfriend, his bodyguard Dwayne Nicholson and Ferrari's go-fer James "Pudgy" Fiorillo. All of them knew about the murder of Miami Subs found Boulis.

"He said 'Ten grand' then he said, excuse my language, 'F*** it! All three for 30'."

The first target, according to Brandeth, was Fiorillo who was reportedly hiding out in a New York hotel.

"I was going there and I was like his knight in shining armor," Paulie said. "But I was really coming up to kill him," said Brandeth. "The way I planned it was, I'd have a car, I'd get him out of the hotel, just go somewhere, I would have whacked him and dump the body."

But Brandeth said the plan fell apart as when he arrived in New York and Moscatiello picked him up. He described the two "Tonys" as disorganized buffoons and said they didn't even had a gun for him to use.

"He thought I was going to give him some like poisonous coke or something and I said 'What do I look like to you, a F*****g chemist? I don't know anything about that."

Brandeth said not only did he not have a weapon, no one paid him.

"I said 'What, am i supposed to choke the guy in his sleep? Put him on my F*****g shoulder and carry him somewhere?' I'm like, 'you guys ain't prepared."

Brandeth said he came back to South Florida to re-group.

Both Moscatiello and Ferrari have denied any involvement in Boulis' death.

Fiorillo had previously testified that he was involved in surveillance of Boulis and helped get rid of evidence, including the black Mustang and .380-caliber handgun used by the hit man.

The actual hit man, John Gurino, was an associate of Moscatiello. He died after being shot in a dispute with a Boca Raton delicatessen owner.

Ferrari faces the death penalty if convicted.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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