Michael Persico, the indicted businessman-son of imprisoned for life Colombo family boss Carmine (Junior) Persico, got a somewhat surprising early Christmas present from another Brooklyn Federal Court Judge, one who had wrongly detained him without bail early this year.

Judge Sandra Townes rescinded Persico’s home detention and lifted the electronic monitoring that had been in place since May, when he was released from a Brooklyn lockup following an appeals court ruling that slammed her decision to jail Persico as a danger to the community.

Townes announced her decision from the bench without elaboration on December 3, simply stating she was “granting the defense motion” to free the 54-year-old widower from the more restrictive aspects of his $5 million bail as he awaits trial on labor racketeering charges.

Her ruling came after Persico’s defense team argued pretty forcefully in their court papers that not only did the government have absolutely no evidence to back up its assertion that he was prone to violence, but established quite convincingly that that the opposite was true.

One dramatic conversation cited by defense lawyers Sarita Kedia and Paul Shechtman took place last February 11. That day, Gang Land disclosed that the feds hoped that a new turncoat, Frank (Frankie Blue Eyes) Sparaco, could link Persico to the 1992 murder of a club owner who had been seeing the estranged wife of Persico’s mobster brother Alphonse.

“I know Michael,” codefendant James Bombino was heard telling the government’s wired-up cooperating witness in the case, Steven Marcus, the lawyers wrote. “Michael wears a cardigan sweater with elbow patches. I mean, the guy ain’t no fucking gangster. Michael’s as squeaky clean as they come. More than likely he ain’t getting convicted. They’ll indict him because of who his father is, who his brother is. I mean, naturally, his last name is a curse.”

Prosecutors Amy Busa and Michael Tremonte rebutted Bombino’s words by stating that they merely indicated that Persico had a “more subtle approach” to extortion than the “more overtly violent methods used by street guys.” Maybe so, but the judge apparently didn’t buy that. Whatever the truth of the matter, this is the first time in Gang Land history that choice of a sweater has helped free a defendant from house arrest. Attention readers: There’s still time to hit those LL Bean catalogs, or Amazon.com, before Christmas.

“Michael Persico is pleased that at this holiday season, the court recognized that he is not a danger to the community and has allowed him to be free to be with his family and many friends,” said Shechtman. “Christmas is a time for electric lights, not electric monitors.”

Persico is rightfully keeping his own holiday plans private. But the ruling means that he doesn’t have to stay home for the holiday. He can enjoy a traditional “Seven Fishes” Christmas eve dinner in Brooklyn, at the family compound in upstate Saugerties, or just about anywhere, for that matter.

© Copyright Gang Land News