Fitzgerald denies mistakes in questioning suspect U.S. marshal

U.S. Attorney Patrick Fitzgerald and this city's top FBI agent deny they botched the 2006 questioning of a deputy U.S. marshal suspected of leaking secrets to the mob.

John Ambrose had been assigned to guard Nicholas Calabrese, the star witness in an investigation of unsolved murders connected to the Outfit, as the city's organized crime family calls itself. Ambrose has pleaded not guilty to charges he leaked information about Calabrese's trips to testify before a grand jury.

Ambrose, was not under arrest at the time he was questioned by Fitzgerald and FBI Special Agent Robert Grant, so there was no reason to give him Miranda warnings, Fitzgerald said Monday morning in federal court.

In fact, Ambrose "was told from the very get-go that he was not in custody and had not been charged with a crime -- yet," Grant testified Monday afternoon.

Ambrose's lawyer, Francis Lipuma, is seeking to have admissions made by his client thrown out, saying Ambrose should have been given his Miranda rights. U.S. District Judge John Grady is holding a hearing to determine what statements by Ambrose should be allowed at his trial.

Fitzgerald rejected the idea that he and Grant had "interrogated" Ambrose. He said their goal was to show Ambrose the evidence against him and to persuade him to cooperate with the FBI.

"It was a conversation," Fitzgerald said. "It was a discussion. It was an interview. ... We weren't grilling him."

Lipuma questioned Fitzgerald closely about various documents drafted in advance of the meeting that appeared to show plans to arrest Ambrose.

Fitzgerald said the documents showed only that prosecutors were prepared to make an arrest, not that a final decision had been made.

A key issue for Grady to decide is whether a reasonable person in Ambrose's position would feel he was free to leave the meeting.

Calabrese's testimony last summer was a key in the conviction of his brother, Frank Calabrese Sr., and three other reputed Outfit figures in connection with 18 gangland slayings from decades earlier. Prosecutors say his cooperation had been a closely guarded secret when Ambrose outed him.