The bad-boy reputation of burly Bronx Bomber David Wells won’t be a big issue in a trial of the man accused of punching him, after a judge scaled back the alleged attacker’s attempts to blame the voluminous victim.
Rocco Graziosa, 27, is charged with menacing, harassment and assault for allegedly popping the Yankee pitcher during an early-morning argument inside Gracie’s Corner diner on East 86th Street.
Wells told cops he saw the 5-foot-6 Graziosa, who is 10 inches shorter than the athlete, “pick up a [butter] knife and swing it back and forth across his body in the direction of [Wells], thereby placing [Wells] in fear of serious physical injury,” court papers say.
Wells said he was then “struck in the head and face with a closed fist by [Graziosa],” and “suffered substantial pain and physical injury,” including “a laceration to the forehead” and “the loss of two teeth.”
While opening statements in the case aren’t expected until this morning, Graziosa’s lawyer, Henry Mazurek, did give jurors a sneak peek at his defense strategy: The punch was justified because Graziosa was being menaced by Wells, who was outraged because someone at the pint-sized pugilist’s table made a comment about the pitcher’s dead mother.
That strategy took a beating, however, when Criminal Court Judge Robert Stolz shot down an attempt to subpoena Wells’ personnel file from the Yankees.
Bomber barrister Mel Sachs successfully argued that Wells’ records “aren’t relevant to the case.”
The judge also denied a defense attempt to have a witness to an alleged barroom brawl involving Wells in San Diego five years ago testify against the hefty hurler. Stolz said he will allow Mazurek to question Wells about the incident, which took place the weekend of his mother’s funeral.
The judge also said he’d allow Graziosa to testify about his perception of Wells’ hot-headed rep, including his reaction to people who make “mother” comments. Wells wears a tattoo above his heart in his mother’s memory that says “Attitude Annie.”
Wells is expected to testify today. Potential jurors were warned they would hear some blue language on the big-boned Bomber’s 911 call.
The day ended up with the judge picking a four-woman, two man jury plus two alternates for the trial, which is expected to last three days.
The jury certainly doesn’t bleed Yankee pinstripes – only one ‘fessed up to being a Bomber fan.
“Do you really think they’re all Mets fans?” one of Graziosa’s family members was overheard asking.