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New trial ordered for second defendant in fatal shooting of Miami Subs founder

Appellate court rules cellphone tower data shouldn't have been shown to jurors

Anthony "Little Tony" Ferrari reacts as he is admonished by Judge Ilona Holmes to curtail his use of profanity as he testifies during his trial for the murder of Konstantinous "Gus" Boulis, Oct. 23, 2013, at the Broward County courthouse in Fort Lauderdale, Florida.
Anthony "Little Tony" Ferrari reacts as he is admonished by Judge Ilona Holmes to curtail his use of profanity as he testifies during his trial for the murder of Konstantinous "Gus" Boulis, Oct. 23, 2013, at the Broward County courthouse in Fort Lauderdale, Florida. (Associated Press)

FORT LAUDERDALE, Fla. – A new trial has been ordered for a second defendant in the purported mob-connected killing of Miami Subs founder Konstantinos "Gus" Boulis in 2001.

The Fourth District Court of Appeal ruled Wednesday that Anthony "Little Tony" Ferrari should receive a new trial. The panel said cellphone tower data shouldn't have been shown to jurors and that prosecutors withheld evidence from defense attorneys.

"Ferrari was prejudiced in his preparations for trial by these violations," the appellate court said in its ruling. "Based upon the foregoing, we reverse the conviction of appellant and remand for a new trial."

A new trial was ordered in June for Ferrari's co-defendant, Anthony "Big Tony" Moscatiello, after the appellate court found that a statement admitted in his trial linking him to the alleged hit man was improper.

Boulis founded the Miami Subs restaurant chain and owned a fleet of SunCruz casino ships, which became the focus of a power struggle that led to his killing.

Previous evidence showed Ferrari and Moscatiello were connected to New York's Gambino crime family once led by John Gotti.