Years later before a Congressional committee for some reason O’Sullivan did not want to admit that he gave them a pass at the request of the FBI. He had suffered several strokes and a heart attack prior to the hearing and was still not in the best of health. By that time it was well know they had engaged in many murders but back at the time Morris made that request it was not clear Whitey or Stevie were murderers. O’Sullivan passed off as his reason for not indicting them that he did not have corroborating evidence of their involvement in the race fixing. But it was shown by the Committee that he indicted another, Jimmy Sims another big shot in the gang, without that information. It was also shown that he did have corroboration.
I had to write about O’Sullivan to let you have an insight into Carney’s comments. Carney presses the case that because O’Sullivan took Whitey out of the indictment that proves the agreement between them. Carney wants to move from that to suggesting O’Sullivan must have told other attorneys in Boston DOJ office about that agreement and they have corruptly agreed not to ever reveal it. As a former prosecutor I suggest it is all nonsense.
To accept Carney’s position you have to believe O’Sullivan went to Bill Weld who was the U.S. attorney and told him, “Bill, I made a deal with Whitey. He’d protect me if I’d agree not to prosecute him for any crimes he was involved in.” Weld replied: “OK Jerry, I’ll tell all the lawyers on my staff to lay off Whitey.” O’Sullivan then thanked him. As O’Sullivan was leaving Weld said: “Say, Jerry, does that include all his murders in the past and the future?” O’Sullivan said it did. Weld said, “OK, I just want to be clear on it.” If it all sounds a little preposterous then you’re right on the ball.
The panel started off with Joe Berlinger saying he didn’t know whether Whitey was an informant or not. He told us he wanted to make the film to tell the story of the suffering of the victims. He said he was bothered by the government being in the business of who lives or who dies. That’s the closest anyone came to discussing the TEI program.
In response to Berlinger, Kelly said several things of note. First, the issue of whether Whitey was an informant had no relation to his guilt or innocence, no quarrel with that. Next, that the defense brought up the issue during trial. I had to suppress a smile knowing how much time the prosecution spent trying to prove he was an informant having a witness James Marra on the stand for almost a week in that regard. While suppressing the smile I almost fell out of my chair when he said that “anyone who talks to an FBI agent is an informant.” That’s certainly a new leap across the Charles River.
But worse of all was Kelly’s statement that Whitey had corrupted numerous agents over the years by paying them off. There is a great problem with making such a loose statement. What exactly does it mean? What did Whitey do and what did the FBI agent do in return. To hear the government attorney suggesting such a thing gives it great credence. But if you understand the FBI agents were supposed to protect TEIs like Whitey you wonder where was the corruption? Kelly was behind the prosecution of Connolly and to justify that he had to believe such a thing and not that the agents were doing their jobs.