Yesterday Judge Casper the new judge in Whitey’s case had a half hour hearing to a packed courtroom. Whitey stayed in Plymouth. The result was her insistence that the trial will go on as schedule on June 10. That happens to be the same day the George Zimmerman trial kicks off in Florida,
Judge Casper seemed to have an inclination to follow Judge Stearns’s rule on the immunity issue. The lawyers seemed to have an inclination the trial will go on forever. Also the topic of Whitey’s health came up which will play out as we go along.
Yesterday I also read Whitey’s new motion for discovery. Discovery? Yes. Recall all the back and forth arguments over that last year and the pushing back of the trial date because of it. 75 days before the trial the old bugaboo is back. One sure way to delay a trial is to say the Government hasn’t provided the material it must give you to do your job. Then when you get it, to suggest you now need time to digest it. It’s a “were ready for trial but we aren’t” statement which puts the failure for being prepared lies on the lap of the Government.
So what’s Carney & Brennan up to? They are suggesting that for Whitey to prove his defense of immunity he needs evidence to show the Department of Justice (DOJ) has an age-old practice of making deals with “high-level criminals” to gain its objectives to decimate the Mafia and then hiding the deals or denying the true terms of them. They argue Whitey needs to demonstrate this common practice to show his claim is not an outlier.They assert this will allow the factfinder to understand “the DOJ’s willingness and motive to provide [him] immunity, and then falsely characterize him as an informant.”
Noting the Barboza case [the Joe “the Animal’ Barboza’s false testimony and the following DOJ coverup] and other persons not named, they say they will prove that the DOJ made arrangements “with numerous murderers” including Flemmi and then denied the arrangement and in Whitey’s case did it by creating the “rogue agent” theory.
They say Jeremiah O’Sullivan of the “DOJ agreed not to prosecute [Whitey] in return for his assistance with a DOJ objective [get the Mafia] that did not include providing information about others.” That Whitey has been fraudulently characterized as an informant to shut him up so no one will know about the immunity agreement. And that the evidence of all this is hidden in the DOJ files which the prosecutors in the Boston US Attorney’s office pretend they don’t have access to. They go on to suggest that if the prosecutors claim is accepted and the files of the DOJ are not opened for examination then “the jury, the public, its adversaries, and the victims’ families” will not learn “the truth about the DOJ’s knowledge, conduct and liability for the carnage left in [its] wake.”
Carney and Brennan are renewing Whitey’s prior discovery motion filed last November and denied by Judge Stearns in December. In it they sought all DOJ correspondence that exists between the Boston US Attorney’s office and the Strike Force, the DOJ, the FBI, and Robert Mueller that relates to any of the gangsters who were involved the with Winter Hill Gang. They’re also asking for some additional things which seem quite minor.
It took Carney and Brennan six pages to get that out. They then use the next 30 pages of the motion to recite the relevant facts. They suggest there is an “institutional pattern of conduct” to befriend murderers to get the Mafia and then covering it up. They cite the familiar and oft mentioned examples of Barboza and Flemmi to show this.
They suggest this was well-known to the upper echelons in DOJ citing the time Joe Murray’s wife, Tina, made the calls to Bill Weld who was in Washington, DC running the DOJ’s criminal division. Tina made quite serious allegations that FBI Agent John Connolly was selling inside information to Bulger and that they had the identity of the witness to the murder of Brian Halloran who could put Whitey and Pat Nee in the murder car. Weld gave this information to David Margolis who never did any follow-up on it other than sending it to the FBI who quickly closed it out after a cursory interview of Joe Murray.
I’ve got to pause here for a moment. It’s clear I won’t cover all the motion today but will continue with it tomorrow for I find it intriguing. The reason I’m stopping at this point is I want to discuss the allegation set out in § II, A, 7 in the recitation of relevant facts. It is stated: “Flemmi reported that the [Mafia] has conmnections to a high level official in the DOJ. The connection was linked to the Patriarca family, as well as Boston [Mafia]. Flemmi did not remember the exact name, but recalled it starting with M. Flemmi was shown a list of names and immediately identified Margolis.”
David Margolis is presently the associate deputy attorney general who has been in the DOJ since 1965. That’s 48 years, the same amount of time J. Edgar Hoover was director of the FBI. If Flemmi is to be believed then the Mafia has had a plant in the DOJ all these years feeding it information.
Obviously Flemmi is lying. Margolis is no more a Mafia plant than is Pope Francis. The proof of it is that the Mafia has been decimated during Margolis’s time in the DOJ. Over time I’ve pointed to Flemmi’s many lies, not the least his vicious identification before Judge Wolf of State Trooper John Naimovich as his informant when all the evidence showed it was Trooper Richard Schneiderhan.
Here then is what absolutely puzzles me. How can the prosecutors use Flemmi as a witness when he has wrongfully accused a high-ranking person in the DOJ of being involved with the Mafia? Isn’t there a point where a prosecutor has to understand that nothing this man says can be believed? I take this one step further. How can Carney & Brennan. use anything this obvious liar says in support of its motion as they do? More basically, why is anyone being asked to believe anything this man says? Why isn’t Flemmi in ADX Florence Colorado and never heard from again?