Judge temporarily blocks media interviews with convicted Pharaoh's owner

BUFFALO, N.Y. (WIVB) — A federal judge Wednesday signed an order at the behest of the U.S. Attorney's Office to temporarily block media outlets from in-person interviews with convicted strip club owner Peter Gerace Jr.

On Dec. 27, a jury found Gerace guilty of eight of nine counts, including conspiracies to commit drug and sex trafficking, maintaining a drug-involved business at Pharaoh's Gentlemen's Club in Cheektowaga, bribing a former DEA agent, and witness tampering.

His sentencing is scheduled for Aug. 15.

News 4 Investigates twice reached out to Gerace for an interview.

The first request occurred by letter on Sept. 17, before his trial. The basis for the request was to discuss the contents of numerous letters Gerace has mailed to News 4 Investigates, and other media outlets.

In those communications written in the third person, Gerace criticizes Assistant U.S. Attorney Joseph Tripi. He also criticizes the government for using witnesses he says have credibility issues and of manipulating some of their testimony.

His letters to News 4 specifically cite the "ridiculous accusations against Mr. Gerace such as Mr. Gerace being a leader of the Buffalo La Casa Nostra, a member of Italian Organized Crime, a sex trafficker, and associated with the death/suicide of a New York State Supreme Court Judge, all accusations that Mr. Gerace vehemently denies ..."

The second interview request occurred after a Dec. 30 email from a third party for Gerace, who sought a joint interview with three media outlets, including News 4 Investigates.

Earlier this week, Gerace called a member of News 4 Investigates about conducting the interview at the Chautauqua County jail. He mentioned elements he wanted to discuss and said he has been in contact with jail personnel.

Assistant U.S. Attorney Nicholas Cooper's affidavit states that Deputy United States Marshal Shane Livingstone informed him Wednesday that a "media entity" requested an interview with Gerace, without specifically naming News 4 Investigates.

"Deputy Livingstone advised the Chautauqua County Jail that, consistent with United States Marshal’s Service Standard Operating Procedure, the media entity must first obtain approvals from each of the following entities – the District Judge, the United States Attorney, the defense attorney(s), the prisoner, and the management at the detention facility," Cooper said.

"Deputy Livingstone was informed by the Chautauqua County Jail that, absent a Court Order preventing the media access to a person detained at their facility, the Jail would permit the interview to occur without first obtaining approvals from the stakeholders referenced in the USMS Standard Operating Procedure."

Gerace chose not to testify at his trial, and his defense team, Eric Soehnlein and Mark Foti, declined to call witnesses to the stand.

Cooper said once he learned of the interview request, he called Gerace's attorneys, one of whom told him that this was the first time he had heard about it.

"Mr. Foti indicated that, currently, he is not in a position to support or oppose the instant motion, but that his co-counsel intends to meet with Mr. Gerace as soon as possible," Cooper said.

Cooper argued that "prisoner's First Amendment rights should be analyzed under the reasonableness standard ..." and that the Supreme Court has "upheld prison regulations that prevented the media from conducting interviews with inmates."

In one case cited, the U.S. Supreme Court overturned decisions by a federal court and court of appeals, by ruling that the First Amendment does not "guarantee a right of access to sources of information within government control."

In addition he said the Second Circuit upheld the regulations if reasonably related to legitimate security concerns.

Cooper said the government has not taken a position on whether to oppose the media interview due to security concerns, "such as witness safety." He specifically cites Gerace's convictions of two counts of witness tampering.

"The government has no additional detail regarding what type of media, how many individuals would be present, what types of equipment would be brought into the facility, etc. Likewise, this Court should have the opportunity, consistent with USMS standard operating procedures, to assess whether to permit such an interview of defendant Gerace," Cooper said.

Cooper’s affidavit states U.S. District Judge Lawrence Vilardo should have an opportunity to assess whether to permit the interview and for both sides to “be heard before this Court.”

Vilardo has not scheduled a date for oral arguments.