Alphonso Picone’s defense attorney, Ross M. Miller, asked President Judge William E. Baldwin for a mistrial and for the case against his client to be dismissed due to prosecutorial misconduct after Deputy Attorney General Michelle L. Laucella asked a witness if he was aware of his rights.

Miller called the question an "attempt to intimidate" the witness.Baldwin denied the motion.The witness was Leo Howell, who has done business with La Dolce Casa, Picone’s business. He had just taken the stand when Laucella asked the question.Baldwin, after a brief discussion with both lawyers, asked Howell if he had discussed with another lawyer his right against self-incrimination.Howell said no, but he needed to do that.At issue was the possibility that Howell would testify about a document purportedly signed two years ago by Ella Burnard, the woman Picone is charged with bilking $300,119 from between 2013-14.Howell at Picone’s request, brought the document to the pizza place in May 2014, fully filled out with Ella Burnard’s name, the date, and a listing of five checks totaling $117,500.There were lines for witnesses to sign, but only Ella’s signature was on it. They sat at the back of the restaurant with Picone as she signed it.The document, signed in the presence of Howell, states any money given to Picone was a gift.Picone bolted from the courtroom as this was going on. A court attendant said he was nauseated.He returned after a few minutes.The jury was out of the room for all but Laucella’s question and the sidebar.Before jurors entered, a defense lawyer asked to submit a document, purportedly handwritten and signed by Ella Burnard, saying the money was a gift to Picone.Laucella objected, saying Ella is not here to detail the circumstances surrounding the document, including whether she had legal counsel.Howell was present for the writing and signing of the document, and Miller said he would be testifying as to its veracity.Also testifying was Brian Keich of M&T bank, who said he saw nothing suspicious about the transactions. He’s known Picone a long time and referred to him as Alfie.