The man charged with plotting the murder of his dad in a McDonalds drive-thru can’t get out of federal lockup to avoid catching the coronavirus, a federal judge ruled.
Anthony Zottola Sr., who is accused of paying $200,000 to have his Bonanno-linked father bumped off, had asked that he be allowed to stay under house arrest while he awaits trial because the deadly bug presents a “gratuitous risk” to his health.
Brooklyn federal Judge Raymond Dearie said in a ruling issued Tuesday that he and other judges are “deeply concerned” about the COVID-19 outbreak and how it could affect inmates — and that they have let some go free as infection rates increase.
But in the case of Zottola, the judge said there are “compelling circumstances” that have gone unchanged since he last asked for bail.
“None of this is pleasant,” Dearie said. “None of it is easy.“
The judge did not elaborate on the “compelling circumstances,” but when he initially denied Zottola bail back in January, he had said the charges were too “serious and disturbing” to allow him to stay at home.
Prosecutors allege that Zottola, 42, worked with nine co-defendants to hatch a murder-for-hire plot for Salvatore “Sally Daz” Zottola, 71, while the wiseguy was picking up coffee from a McDonald’s in the Bronx in 2018.
The feds say he wanted to get the elder Zottola out of the way so he could take over his father’s gambling ring.
Zottola had offered to put up a $5 million bond to get released from the Metropolitan Correctional Center in Lower Manhattan, where three inmates have now tested positive for coronavirus, according to the US Bureau of Prisons.
Henry Mazurek, Zottola’s attorney, said he is disappointed with the ruling and said that his client remains in “harm’s way” as long as he is behind bars in MCC.
“There’s still a lack of available soap, disinfectant, hand sanitizer,” Mazurek said, “There is the spread of the virus among both prisoners and staff.”