Tomasello’s custody nightmare continues

The latest complication stems from the emotional and loud objection to a visit from a prosecutor in a criminal case against Tomasello.


CHICAGO, Nov. 13, 2015 – A year after Dominick Tomasello says a well-known mob associate attempted to bribe him to stay away from his daughter, Tomasello is again facing obstacles to seeing his daughter.

The latest complication stems from the emotional and loud objection to a visit from a prosecutor in a criminal case against Tomasello.

As previously explained by CDN, Tomasello has been barred from seeing his 15-year-old daughter for over a year, thanks to a messy and volatile custody case.

He has also faced several dubious criminal charges over alleged violations of a restraining order brought by his ex-wife.

On Nov. 6, Tomasello appeared before a Cook County Judge Stanley Sacks for what should have been a routine court appearance. During the appearance, Tomassello’s attorney Frank Tedeso asked Judge Sacks to approve a visit between Tomasello and his daughter. Usually, a criminal judge would not decide a custody matter. However, in this case, Family Court Judge Mark Lopez who is overseeing the Tomasello case, demanded authorization from Sacks before approving the visit.

Before Judge Sacks could rule on Tedeso’s request, prosecutor Bridget O’Leary launched into a screaming diatribe detailing a laundry list of reasons Tomasello should not be allowed to see his daughter.

“(The) defendant is dangerous,” O’Leary screamed.

As “proof,” O’Leary said Tomasello was late on a bill, a therapist recommended against a visit, and his daughter has not asked to see him.

But Tomasello told CDN all those are dubious reasons. He provided screenshots from September 2015 of a text message sent by his daughter asking to see him, which directly contradicted statements from O’Leary. He questioned the motivations of the therapist O’Leary referenced, saying she called him unfit only after he questioned her professionalism. Finally, he noted that custody is never supposed to be stopped due to past due bills.

Tomasello previously told CDN his legal nightmare started more than a year ago when well-known mob associate Sam “Blackle” Pesoli approached him and offered him $100,000 to stop seeing his daughter until she turned 18.

After Tomasello refused the offer, Pesoli threatened to destroy his life, his custodial rights were taken away and he was arrested months later.

Referring to the criminal charges against him, Tomasello maintains he thought there was a verbal agreement between him and his ex-wife to drop the restraining order. He says the hundred text messages he subsequently sent her — which are now the subject of his criminal complaint — were sent only because he thought there was no longer a restraining order.

Frank Avala, an attorney Tomasello previously hired, told CDN that normally violations of restraining orders end with a small amount of punishment, but Tomasello has been confined to his home with two ankle monitors, and prosecutors recently offered a deal with five years in prison.

The Cook County State’s Attorney’s Office declined to comment.

Tomasello said he has also been hassled by members of the Cook County Sheriff’s Office (CCSO).

On Oct. 26 the CCSO called him around 3 a.m. demanding to see paperwork from an emergency room visit earlier that day. Tomasello then called his stepmother, Marge Ayelio, who told CDN she came to his home to wait for the CCSO.

She said it took about an hour from the phone call before two officers arrived. When she handed them the ER report, they demanded he come down and hand it to them.

Tomasello then came down and handed the paperwork to the officers before they left.

Sofia Ansari, press person for the CCSO, told CDN the officers did nothing wrong: “The Cook County Sheriff’s Office has a 24/7 electronic monitoring program. We respond timely to alleged electronic monitoring violations and did so in the case of Mr. Tomasello.”

According to Ansari, the investigators who visited Tomasello are Luis Torres and Michael Masters.

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