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Mary Jo Stands Up for Joey

She hopes to head off statutory rape charge

By Shirley E. Perlman | Staff Writer

April 2, 1993

In a dramatic effort to save her husband from prosecution, Mary Jo Buttafuoco yesterday tried to persuade a Nassau grand jury not to indict her husband on Amy Fisher's charges of statutory rape.

"It was Mary Jo's intention to convince the grand jury that Amy Fisher is a liar and therefore not a credible witness," Buttafuoco's lawyer, Michael Rindenow, said later. "When she left the grand jury she stated to me that she felt confident and optimistic that she had hopefully swayed the grand jury not to present an indictment against her husband."

Rindenow, who also appeared as a witness yesterday, refused to discuss what was said behind closed doors, noting that grand jury proceedings are secret. Assistant District Attorney Fred Klein also refused to answer questions about the grand jury proceeding.

Buttafuoco, who testified for about 30 minutes, was mobbed by reporters as she left the courthouse in Mineola. She made no comment.

Her testimony came on the fourth day of the grand jury investigation into Fisher's allegations that Joey Buttafuoco, now 37, had sex with her on several occasions during a six week period before her 17th birthday on Aug. 21, 1991. No other witnesses are to testify until the week of April 12. Buttafuoco has denied having sex with her.

Also appearing before the grand jury yesterday was Joey Buttafuoco's brother, Robert, two neighbors and an employee of the Buttafuocos, and Fisher's former boyfriend, Paul Makely. Makely, 31, was introduced to Fisher by Joey Buttafuoco.

Prior to giving testimony, Makely was ordered yesterday afternoon to comply with a grand jury subpoena requesting any documents he might have signed with "Hard Copy," a tabloid television show, in connection with a videotape of Fisher and him talking. It could not be learned whether he complied with the order. The videotape, which the grand jury is not expected to see, was made at Makely's gym without Fisher's knowledge. County Court Judge Jack Mackston yesterday denied a motion by Makely's lawyer to quash the subpoena.

Sources close to the case who spoke on the condition of anonymity said that the district attorney's office is looking into whether the taping episode was an attempt to destroy Fisher's credibility and thus discourage a prosecution into her allegations against Joey Buttafuoco.

"We believe that it was a setup, that it was designed to sabotage her," a law enforcement source said. But the source added that there was no evidence to indicate anyone other than Makely was involved in making the videotape.

So far, the grand jury has heard the testimony of about 30 witnesses.

Joey Buttafuoco's lawyer, Marvyn Kornberg, said yesterday that his client was resigned to being indicted.

"He's prepared to meet the political indictment that the district attorney's office is scratching for," Kornberg said.