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Harry "The Hook" Aleman (January 19, 1939 – May 15, 2010) was a Chicago mobster who was one of the most feared enforcers for the
Chicago Outfit The Chicago Outfit (also known as the Outfit, the Chicago Mafia, the Chicago Mob, the Chicago crime family, the South Side Gang or The Organization) is an Italian-American organized crime syndicate or crime family based in Chicago, Illinois, ...
during the 1970s. Aleman got the nickname "Hook" from his boxing career in high school. He is also famous for being the only person in the United States ever to be acquitted of murder, then legally tried and convicted for murder when the initial trial was found to be corrupt. This is not considered a case of
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
as the initial trial was found to be corrupt; the Chicago judge was recruited specifically to acquit Aleman during a bench trial.


Early life

Born in the Taylor Street area of
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
, Aleman was the first of three sons of Louis Aleman and Mary Virginia Baratta. The legendary Taylor Street was the port-of-call for Chicago's Italian Americans. Aleman was a nephew of future Chicago Outfit acting mob boss Joseph Ferriola and uncle to Joseph Aleman. Aleman's mother was
Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...
, his father a native of
Durango, Durango Durango City (, stp, Korian), officially Victoria de Durango is the capital and largest city of the Mexican state of Durango. The city, which is located in Northern Mexico has a population of 654,876 as of the 2015 census, and sits at an altitud ...
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
who was involved in
narcotics trafficking The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation, manufacture, distribution and sale of prohibited drugs. Most jurisdictions prohibit trade, except under license, of many types of drugs through ...
. In a 1997 interview, Aleman said that his father beat him every day. The only relief Aleman got was from ages seven to eleven, when Louis was in prison. In 1956, Aleman graduated from Crane Technical High School and enrolled in the
Chicago Academy of Fine Arts The School of the Art Institute of Chicago (SAIC) is a private art school associated with the Art Institute of Chicago (AIC) in Chicago, Illinois. Tracing its history to an art students' cooperative founded in 1866, which grew into the museum an ...
to study
commercial art Commercial art is the art of creative services, referring to art created for commercial purposes, primarily advertising. Commercial art uses a variety of platforms (magazines, websites, apps, television, etc.) for viewers with the intent of prom ...
. In 1958, he graduated with a two-year degree in that field. Aleman went to work selling race track program sheets and produce from the South Water Street Market. In 1964, Aleman married Ruth Felper Mustari, a widow with four children, who died in 2000 at age 68. Due to an accident as a teenager, Aleman was unable to produce children of his own. However, according to Ruth and his stepchildren, he was a loving and kind husband and father.Profile: Harry Aleman ~ The Chicago Syndicate
Thechicagosyndicate.com (2005-10-03). Retrieved on 2010-12-19.


Start of criminal career

In 1962, Aleman was charged with assaulting Howard Pierson, the 23-year-old son of a Chicago police commander. The incident started when Aleman, at a bar with his brother and friends, pushed a woman through a large window. Pierson chased Aleman out of the bar, then flagged down a police car. Police soon stopped Aleman and started questioning him. When Pierson arrived at the scene, the enraged Aleman punched Pierson, breaking his jaw. Aleman was convicted, but received only two years'
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
. During the 1960s, Aleman was also arrested for malicious mischief,
illegal gambling Gaming law is the set of rules and regulations that apply to the gaming or gambling industry. Gaming law is not a branch of law in the traditional sense but rather is a collection of several areas of law that include criminal law, regulatory law, ...
, possession of burglary tools, assault, aggravated assault,
grand theft auto ''Grand Theft Auto'' (''GTA'') is a series of action-adventure games created by David Jones and Mike Dailly. Later titles were developed under the oversight of brothers Dan and Sam Houser, Leslie Benzies and Aaron Garbut. It is primarily d ...
,
armed robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, and aggravated kidnapping.


Work as enforcer

In the early 1970s, Aleman decided to force independent bookmakers in Chicago to pay extortion payments, or "street tax", to the Outfit. If the bookmakers refused, Aleman was willing to use force on them. According to law enforcement and the Chicago Crime Commission, Aleman committed 13 murders in Chicago between 1971 and 1976. His alleged victims included
Richard Cain Richard Cain (October 4, 1931 – December 20, 1973), also known as Richard Scalzitti, was a notoriously corrupt Chicago police officer and a close associate of Mafia boss Sam Giancana. Early life Richard Cain was born to John and Lydia ( n ...
, a top aide to boss
Sam Giancana Salvatore Mooney Giancana (; born Gilormo Giangana; ; May 24, 1908 – June 19, 1975) was an American mobster who was boss of the Chicago Outfit from 1957 to 1966. Giancana was born in Chicago to Italian immigrant parents. He joined the 42 ...
, along with counterfeiters, mob informants, a security guard from a Miami museum that failed to pay his gambling debts, a former police officer, and another mob enforcer. Aleman was prosecuted for only one murder: the 1972 Logan killing. FBI agents were reported to have said that Aleman "oozed menace" and his mere presence was usually enough to enforce the Outfit's will.Lives Remembered
Telegraph (2010-05-18). Retrieved on 2010-12-19.


Logan murder

On September 27, 1972, Aleman fatally shot
Teamsters The International Brotherhood of Teamsters (IBT), also known as the Teamsters Union, is a labor union in the United States and Canada. Formed in 1903 by the merger of The Team Drivers International Union and The Teamsters National Union, the ...
official William Logan in his Chicago neighborhood. Two witnesses watched Aleman commit the murder and prosecutors thought they had a strong case. According to prosecutors, the reason for Logan's murder was that the union man was obstructing Aleman's crew from hijacking trucks. However, shortly before Aleman's trial started, Chicago attorney Robert Cooley was approached by First Ward
political boss In politics, a boss is a person who controls a faction or local branch of a political party. They do not necessarily hold public office themselves; most historical bosses did not, at least during the times of their greatest influence. Numerous of ...
Pat Marcy and asked to take over as Aleman's lawyer. Although Cooley suggested that he could easily win an acquittal by discrediting the witnesses during
cross-examination In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...
. Marcy insisted that the Chicago Outfit preferred a
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
with a judge who could be bribed to acquit. Marcy warned Cooley that, if he accepted the job and failed to deliver, the Outfit would murder him. Thinking instantly of a close friend,
Cook County Cook County is the most populous county in the U.S. state of Illinois and the second-most-populous county in the United States, after Los Angeles County, California. More than 40% of all residents of Illinois live within Cook County. As of 20 ...
Circuit Court Judge
Frank J. Wilson Frank John Wilson (May 19, 1887 – June 22, 1970) was best known as the Chief of the United States Secret Service and a former agent of the Treasury Department's Bureau of Internal Revenue, later known as the Internal Revenue Service. Wilson m ...
, Cooley said he knew a judge whom no one would ever suspect. After taking the case, Cooley "picked up information that was total dynamite. The hit, I learned, had nothing to do with unions and all the other crap in the indictment. It was strictly personal. Billy Logan, the victim, had been married to Harry's cousin. They had a bitter
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
and argued constantly over custody of their son. Logan used to beat her up big time. The final straw came after one of the fights when she said, You better be careful, cause Harry won't be happy about it. And Logan replied, Fuck that guinea. He probably could have beaten her up a few more times and it wouldn't have mattered. But Harry wasn't going to let some Irish goon get away with calling him a guinea." Meanwhile, Cooley approached Judge Wilson and offered him $10,000 to take over the case and acquit Harry Aleman. Wilson agreed, but later requested more money to compensate for the risk. As a result, Aleman was acquitted in a
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
.Aleman Finally Convicted (IPSN 97-10-12)
. Ipsn.org. Retrieved on 2010-12-19.


RICO

In 1978, Aleman was convicted under the
Racketeer Influenced and Corrupt Organizations Act The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was en ...
of organizing a series of home invasion robberies. Sentenced to thirty years imprisonment, Aleman spent time at federal correctional facilities in
Marion, Illinois Marion is a city in Williamson and Johnson Counties, Illinois, United States, and is the county seat of Williamson County. The population was 16,855 at the 2020 census. It is part of a dispersed urban area that developed out of the early 20th ...
,
Atlanta Atlanta ( ) is the capital and most populous city of the U.S. state of Georgia. It is the seat of Fulton County, the most populous county in Georgia, but its territory falls in both Fulton and DeKalb counties. With a population of 498,715 ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
, Oxford, Wisconsin, and
Milan, Michigan Milan ( ) is a city in Monroe and Washtenaw counties in the U.S. state of Michigan. The population was 6,079 at the 2020 census. The community was settled as early as 1831. Milan incorporated as a village in 1885 and much later as a city in ...
. During this time in federal prison, Aleman took some college courses and started painting as a hobby. On April 28, 1989, after serving 11 years in prison, Aleman was released on
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
.Harry Aleman Profile
. Ipsn.org. Retrieved on 2010-12-19.


Retrial

During the late 1980s, investigators started Operation GamBat, an extensive investigation into decades of corruption and mob ties inside the Chicago court system. In February 1990, fearing prosecution for his actions during the 1977 Logan trial, retired judge Frank Wilson shot himself to death at his
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
retirement home. In 1991, Aleman pleaded guilty to extorting money from bookmakers Anthony Reitinger and Vince Rizza in 1972. Aleman was convicted and was sentenced to 12 years imprisonment. In 1993, based on Robert Cooley's testimony, Aleman was re-indicted for the 1972 Logan slaying. In 1997, Aleman was convicted of the Logan murder and sentenced to 300 years in
state prison This is a list of U.S. state prisons (2010) (not including federal prisons or county jails in the United States or prisons in U.S. territories): * Alabama * Alaska * Arizona * Arkansas * California * Colorado * Connecticut * Delaware ...
. Aleman's re-trial and subsequent conviction are historic as he is the first American to be retried for murder following a fraudulent first trial. This was first profiled in 2002 and verified on the A&E Television Network/
Biography Channel FYI (stylized as fyi,) is an American basic cable channel owned by A&E Networks, a joint venture between the Disney Media Networks subsidiary of The Walt Disney Company and Hearst Communications (each owns 50%). The network features lifestyle pr ...
program "
American Justice ''American Justice'' is an American criminal justice television program airing on the A&E Network. From 1992–2005, the show was hosted by television reporter Bill Kurtis. The show features interesting or notable cases, such as the murder ...
"/" Notorious," and later on the National Geographic Channel documentary: "National Geographic: Inside" – "Chicago Mob Takedown" in 2011. The retrial, however, does not constitute
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
. The
United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of ...
ruled that the original trial presided by Judge Frank Wilson was a sham – because the acquittal was guaranteed by the bribe he had accepted.Harry Aleman, Petitioner-appellant, v. the Honorable Judges of the Circuit Court of Cook County, criminal Division, Illinois, Honorable Michael P. Toomin, judge Presiding, Honorable Richard Devine, State's Attorney of Cook County, Illinois, Ernesto Velasco, Executive Director, Cook County Department of Corrections, respondents-appellees – 138 F.3d 302 – Justia US Court of Appeals Cases and Opinions
Cases.justia.com. Retrieved on 2010-12-19.
This Fifth Amendment ruling was named ''Harry Aleman vs. Judges of the Criminal Division, Circuit Court of Cook County, Illinois, et al., 1998''. It established that bribery affecting a bench trial does not preclude the possibility of a second trial: if in said bench trial the defendant is found not guilty, but evidence shows that an act of bribery took place between the defendant and the judge, the defendant can be retried again for the same crime, and this second trial cannot be considered double jeopardy, as jeopardy had never attached in the first place. In short, as actual loss of life or limb had never been a possibility (unlike in most trials), the first trial, by being conducted by a venal and bribed judge, must be considered a counterfeit one; and any resulting retrial (before a non-venal jurist) must be considered to have original jeopardy attached (i.e. the possibility of actual loss to life or limb is real and true).


Death

Harry Aleman died from complications of
lung cancer Lung cancer, also known as lung carcinoma (since about 98–99% of all lung cancers are carcinomas), is a malignant lung tumor characterized by uncontrolled cell growth in tissues of the lung. Lung carcinomas derive from transformed, malign ...
on May 15, 2010, at Hill Correctional Center in
Galesburg, Illinois Galesburg is a city in Knox County, Illinois, United States. The city is northwest of Peoria. At the 2010 census, its population was 32,195. It is the county seat of Knox County and the principal city of the Galesburg Micropolitan Statistical ...
.Mob hit man Harry Aleman dies in prison
Chicago Breaking News (2010-05-15). Retrieved on 2010-12-19.
He is buried in Waldheim Cemetery in
Forest Park, Illinois Forest Park (formerly Harlem) is a village in Cook County, Illinois, a suburb of Chicago, United States. The population was 14,339 at the 2020 census. The Forest Park terminal on the CTA Blue Line is the line's western terminus, located on the ...
.


See also

* Double Jeopardy Clause *
Extrinsic fraud Extrinsic fraud is fraud that induces one not to present a case in court or deprives one of the opportunity to be heard or is not involved in the actual issues. More broadly, it is defined as: Extrinsic fraud often involves fraud on the court, ...
, behavior by a prevailing civil litigant external to the litigation, such as bribery of a judge, that prevents the other party from having a full and fair trial, allowing for equitable
relief Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term '' relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that th ...
from the original judgement


References


Further reading

* Cooley, Robert. '' When Corruption was King: How I Helped the Mob Rule Chicago, Then Brought the Outfit Down'',
Carroll & Graf Carroll & Graf Publishers was an American publishing company based in New York City, New York, known for publishing a wide range of fiction and non-fiction by both new and established authors, as well as issuing reprints of previously hard-t ...
(December 13, 2005)


External links


Harry Aleman: Legacy of a Vicious, Reputed Mob Hitman
by James McGough


Harry Aleman Archives
{{DEFAULTSORT:Aleman, Harry 1939 births 2010 deaths American gangsters of Italian descent American people of Mexican descent American people convicted of murder American people who died in prison custody Chicago Outfit mobsters Deaths from lung cancer in Illinois Hispanic and Latino American gangsters People convicted of murder by Illinois People convicted of racketeering Prisoners who died in Illinois detention