PHILADELPHIA – A judge will decide whether prosecutors missed the deadline to try to revoke the parole of former Philadelphia mob boss Joseph Merlino.
Defense lawyer Edwin Jacobs Jr. argued Friday that prosecutors didn't issue a summons for Merlino's arrest by the Sept. 6 end date of his three years of supervised release. Prosecutors say Jacobs himself caused the problem by seeking to delay the revocation hearing due to schedule conflicts.
U.S. District Judge R. Barclay Surrick didn't immediately rule after hearing arguments. Merlino is not in custody and will remain free pending a ruling.
Federal authorities allege that 52-year-old Merlino met with convicted felons and mob members in south Florida, a violation of his parole. Defense attorneys say he had a "chance encounter" with a former co-defendant.
