By Tony Hanson

PHILDELPHIA (CBS) — Alleged mob boss Joseph Ligambi remains behind bars pending his retrial, even as his attorney plans an appeal.

Ligambi was recently acquitted of five counts against him and the jury was deadlocked on four others.  And Ligambi’s attorney last week said, facetiously to make a point, that his client had nothing to do with the resignation of Pope Benedict XVI.

Although Ligambi, 73, was not convicted of any counts against him and some other defendants also avoided conviction on the lead racketeering charge, some other defendants were convicted of Mafia-style crimes.

But during questioning by Judge Eduardo Robreno, defense attorney Edwin Jacobs Jr. argued that the sins of some are not the sins of all.

“There is racketeering activity, but they are not involved in it?” asked Judge Robreno.

“Exactly,” Jacobs replied.  “There are a lot of things going on right now that they are not involved in. The pope resigned — they’ve got nothing to do with that.  There’s a million things going on.  So if it has been proven that three of the seven were involved in count one racketeering conspiracy, well, that is too bad for them,” Jacobs told the judge.

Despite Jacobs’ arguments — and Ligambi’s non-involvement in the papal resignation — Ligambi remains behind bars.