A Striking Indifference to the Truth: Federal Judges and the Mafia

() wisecatYou may remember how I noted Judge Mark Wolf in his otherwise excellent findings wrote that Massachusetts State Police Trooper had been found guilty of corruption. He did that because he wanted to believe some of the things that Steve Flemmi testified about. Flemmi said Naimovich was his source in the State Police that kept him informed. We know now it was Richard Schneiderhan a State Police trooper assigned to the attorney general’s office.

Judge Wolf did not even check the dockets in his own court. Had he done so he would have found that Naimovich was acquitted.  This shows the perils of fact-finding. In a sense it is all guess-work.

Wolf wrote: “The Massachusetts State Police’s perception that its targets had been tipped off concerning the Lancaster Street Garage electronic surveillance was correct. Flemmi initially received the information about the bug, through an associate, John Naimovich, a Massachusetts State Police Trooper. . . . Flemmi discussed this with Connolly. Flemmi claims that Connolly consulted Morris and O’Sullivan. .  .  .  The court questions whether this is correct, particularly with regard to O’Sullivan”  Unsaid is that Judge Wolf and O’Sullivan worked together in the U.S, attorney’s office in Boston and may have had a personal relationship.

Wolf noted later that when Morris was questioned about his involvement in compromising Lancaster Street he gave “false information.” That should have made Wolf pause to ask why was that the case. Why did Morris make up a story about how he knew of the  Lancaster electronic surveillance? And, how was it that Morris came by that information?  The answer is simple as I have explained before but that answer both implicated O’Sullivan and exonerated the State Police.

I got thinking of this when I read the findings of Judge Lindsay as I was trying to determine the extent of harm caused by the story FBI Agent Fitzpatrick spun which he admits was as lie. Lindsay relied heavily on Flemmi. He explains that even though Flemmi  “callously participated in countless acts of cruelty and violence, including numerous murders.” he find him “generally to be credible”  

Why is that? Well, it seems Flemmi and the prosecutors came up with an “Agreed Statement of Facts” prior to his guilty plea. If the government found those statements credible then so would the judge. He doesn’t seem to consider that Flemmi was telling his version to get a deal for himself and the government knew no more than what Flemmi was stating. And, as we’ve seen with Naimovich, Flemmi lies without batting an eye.

As you know Agent John Connolly was charged in an indictment with having informed Whitey Bulger that Richard Castucci was an informant and that is the reason Castucci was murdered. (Castucci was not murdered because of that but because Winter Hill group wanted to rip off the NY Mafia of 150 grand.)

The jury in Boston heard the evidence against him and found that he did not have anything to do with Castucci’s death. Judge Lindsay told how Castucci was an FBI informant who gave it  information on the location of two Winter Hill associates who were hiding out in New York which information was in FBI files in Boston, the same information heard by the Boston jury which found him not responsible. In opposition to what the jury found, Judge Lindsay wrote: “Connolly somehow discovered that Castucci had provided information tot he FBI concerning [their whereabouts] and Connolly promptly disclosed what he had learned to Bulger . . . ”

He does not mention the jury found this not true; he does not give any reason for believing this but says “somehow.”  He just jumps to a conclusion not only without evidence supporting it but in contravention to a jury finding.

It is worse than that though. You have also heard of the case involving the Teddy Deegan murder and the four defendants “wrongfully convicted” who were awarded over 100 million dollars. You heard how Joe Barbosa working with FBI agents Rico and Condon allegedly framed them. Do you believe it?

It has become gospel now like other things when the Mafia is placed up against others. The judges seen to lean over to believe the Mafia-types while ignoring evidence to the contrary. At best and even this isn’t a given one of the defendants, Joe Salvati, may not have been involved. Maybe, but only maybe, Louis Greico. The other two defendants, two Mafia big wigs, Henry Tameleo and Peter Limone, were clearly involved.

We have been told that Joe Barbosa put them at the scene of the crime and hid the presence of his friend Jimmy Flemmi. That is not the case. To get an idea of the testimony you should read the case of Commonwealth v. French which is here.

The second sentence reads: “Tameleo, Limone, Cassesso, and Salvati were separately indicted as accessories before the fact.”  The evidence was Barbosa said:  “Limone  offered him a “contract” to kill Deegan for $7,500, , , , ” He added: “He told Tameleo that Limone “offered me a contract on . . . Deegan” and also “that the office okayed it.” Tameleo said, “Yes, that’s right. Barbosa also testified he asked Greico to set the job up with French and he would cut him in on the deal. “

By the way there is an FBI tape that shows Barbosa went to Mafia boss Patriarca to get clearance for the hit. Patriarca told him to clear it with Angiulo. Tameleo was the spokesperson for Patriarca and Limone did the same work for Angiulo,

Barbosa underwent extensive cross-examination that lasted for days. At the end the jury elected to believe him. Like with Connolly, the judges decided they know better. How come though it seems the Mafia guys are given this extraordinary relief?

 

8 Comments

  1. ….shades of Rico and McLean…?

  2. Not entirely on point, but Frank Salemme does not appear in the register of the Bureau of Prisons. Perhaps that means Wyshak has decided to play nice again with the godfather and put Frank in a secret and comfortable location. Maybe Frank is staying in Fred’s in-law apartment at his McMansion in the leafy suburbs of Worcester.

    https://www.bop.gov/mobile/find_inmate/byname.jsp#inmate_results

  3. Dear Matt, “The Boston FBI Corruption” chapter does mention John Connolly:

    “Judge Lindsay ruled John Connolly told Whitey that Brian Halloran was an FBI informant. Two lawyers wanted Jaime to testify at the hearing to determine family compensation for the Halloran and Donahue murders. It took the two lawyers, a special investigator employed by the law firm, and myself to bring Jaime before Judge Lindsay. The first words of his testimony: ‘I don’t want to be here!’

    In order to understand the FBI’s misuse of informants in New England, it is essential to examine the Deegan murder prosecution. The story of this trial and subsequent events provides a foundation to assess what happened during the 1970s, 1980s, and 1990s, when Stephen Flemmi and James ‘Whitey’ Bulger allegedly murdered at least 19 individuals while serving as government informants. It is now clear that FBI Special Agent John Connolly developed an improper relationship with Whitey Bulger and others who served as government informants.
    Connolly now stands convicted of obstruction of justice for his role in helping Whitey Bulger escape by tipping him off to his impending indictment. Stephen Flemmi, as part of his plea agreement, has also implicated Connolly in providing information that resulted in the murder of others.”

  4. Matt, can I post the “Gaga” book’s “Boston FBI Corruption” chapter”? You made my “Gaga” book’s “Authur ‘Bucky’ Barrett” chapter available on the internet. Doing the same with the “Boston FBI Corruption” chapter would do society a service. It doesn’t mention John Connolly.

    As I already stated, the chapter seeks to reopen the Congressional hearings. Representative Stephen Lynch was a member of the Committee holding the previous hearings. The hearings’ publication stated they should continue if there was new information or new witnesses.

    The policeman who found fatally wounded Brian Halloran testified Brian Halloran told him James Flynn did the shooting. That policeman lived in South Boston (“K” Street). Every policeman living in South Boston knew implicating Whitey in murder was a death sentence. The policeman’s testimony was videotaped because he was “going on vacation.” His guilt was obvious. Not looking at the video camera, his downcast eyes kept shifting from side to side.

    If the Congressional hearings are reopened. That policeman should be compelled to testify with immunity. Today, I think no South Boston policeman fears implicating Whitey in murder. If having immunity, his testimony should be truthful.

    It wouldn’t be hard to find Brian Watson’s sister. She, like everybody else, knew her brother was killed for robbing Triple O’s. Steven Rakes spoke with her a number of times. She’s upset that Kevin Weeks and Kevin O’Neil weren’t even questioned about her brother’s murder. Our federal courthouse protests didn’t spur the feds to question Weeks and O’Neil about her brother’s murder (according to the sister). Interviewing Brian Watson’s sister and posting her outrage on your blog could be very important

  5. Dear NC, You asked “Is it a crime for a prosecutor to call a witness he knows to be lying?”

    That is an important question. The DOC knew Kevin Weeks lied under oath concerning the Michael Donahue and Brian Halloran murders. Weeks testified about these murders before a number of judges. Wyshak had to know Weeks was lying. My brother filed a civil lawsuit and I filed a civil lawsuit containing the truth. Twice South Boston residents protested outside the federal courthouse about Weeks’ perjury.
    The main reason our federal courthouse protests was to have Weeks and Kevin O’Neil questioned about the Brian Watson and Joseph Ingemi murders. Southie residents knew Whitey, Weeks, et al, committed these murders. Brian Watson robbed Triple O’S at gunpoint and Joseph Ingemi refused to stop selling Angel Dust. Their murders were part of the fear package used by Bulger to intimidate Southie residents. Salemmi is facing a murder charge for not being truthful. Why shouldn’t Kevin O’Neil and Weeks be questioned about the Brian Watson and Joseph Ingemi murders?
    The morning after our second federal courthouse protest, State Police Task Force members woke my brother and said, “Don’t worry. We just want to ask one question. Was the person with Whitey wearing a mask?” My brother answered, “No.”
    My brother testified about the Michael Donahue and Brian Halloran murders before Judge Lindsay at the hearing to determine compensation for their families. He testified Whitey and Whitey’s accomplice walked past his car. Whitey carried an MK-47. My brother recognized the AK-47 because he legally owned an MK-47.
    The reason my brother didn’t drive away. He couldn’t. Someone machine-gunned Michael Donahue’s car and it drifted in front of his car. Another car (probably containing the person who machine-gunned Donahue’s car) blocked-in my brother’s car. My brother was forced to watch the murders. A female and her two children in his car probably saved my brother from being killed.
    Whitey’ accomplice jumped on the hood of Donahue’s car and shot through the windshield with a .45. Halloran leaped out the passenger door and started running. Whitey dropped him with a couple bullets, then spent two minutes (my brother testified it was two minutes) torturing Halloran with bullets. Whitey wore no wig (Weeks testified multiple times that Whitey wore a wig). Halloran was wearing white overalls. My brother watched red dots go up Halloran’s legs as they yelled obscenities at each other. My brother said Halloran “flapped like a flounder.”

    I attended the McIntyre civil lawsuit. The courtroom screen displayed the testimony of a witness (nobody was closer than my brother). This witness described a small green car following the two dark cars up the via duct to Summer Street. That was my brother’s green Chevy Omega.

    The “Gaga” book’s last chapter seeks to reopen the Congressional hearing concerning the FBI’s use of confidential informants. Unlike Matt, I greatly fear the FBI. They have almost unlimited power. If living in America, I wouldn’t have the courage to write these words.

    I believe the FBI influenced the federal judge to place a seal on my brother’s Boston Police Incident Report. It took someone powerful to convince a federal judge to seal my brother’s police witness statement. One of the justifications for a federal seal is “national security.”

    As I commented before on this blog, Robert Mueller was working in Boston when Michael Donahue and Brian Halloran were killed. Mueller was in Boston during Whitey’s heyday and did nothing to stop him.

    The 1st District Court accepted two completely different versions of the same murders and this was never mentioned in any press. After Donahue’s car was machine gunned, it drifted in front of three building. Weeks couldn’t see the murders because he was sitting in his car, watching the Pier Restaurant to signal Whitey when Halloran departed. Weeks was parked inside Anthony’s Pier Four Restaurant.

    Weeks testified that Whitey never left his car when killing Halloran. I don’t like clogging up the comment section. But it seems unfair that FBI agents who were accessory to murders collect hefty pensions and enjoy the pleasures of freedom.

    As I commented previously, two FBI agents found my brother at his girlfriend’s Dorchester apartment within 40 minutes of the murders. My brother’s Omega was register to our mother’s house. Nobody contacted my mother and she didn’t know the girlfriend’s address. So either the FBI followed my brother from the murder scene, or one of Whitey’s gang followed my brother and contacted the FBI.

    The FBI put huge pressure on my brother to identify James Flynn as the person who killed Brian Halloran. They said gangster’s lived nearby and his life was in danger. They offered by brother a credit card and the protective witness program. The FBI agents didn’t show him Whitey’s photo, they kept pointing to James Flynn’s photo and insisted he murdered Brian Halloran.

    My brother went from a normal person (plumper) to a state hospital mental patient. Two years later, James Flynn was apprehended. The FBI took my brother from the mental hospital to a grand jury hearing. Again they pressured him to identify James Flynn as the person who murdered Brian Halloran. Unlike the FBI, my brother couldn’t put an innocent man in prison. He testified the person in the courtroom (James Flynn) did not murder Brian Halloran. The FBI were furious. They didn’t even drive him back to the mental hospital. My brother still can’t function normally. He won’t go near South Boston and mostly keeps himself isolated.

    So, NC, your question: “Is it a crime for a prosecutor to call a witness he knows to be lying?” is important. If it is not a crime – then legislation should be passed making it a crime.

  6. NC,

    All good questions. To possibly answer one of them, Wyshak wasn’t the lead counsel (John Durham?) in John Connolly’s Boston trial, but his hands were all over it. To the point, my memory is that at the end of Connolly’s trial in Miami, Wyshak admitted knowing that Salemme perjured himself at John’s Boston trial. My (poor) memory is that Connolly said to Wyshak that he knowingly out the lying Salemme on the stand. Wyshak responded to Connolly by saying that “I told him (Durham) not to use him (Salemme)! Don’t you know that I told him not to use Salemme?”
    Wyshak also feebly tried to deny his involvement with the Boston trial, but he was rebuked by Connolly.
    P

  7. Great post. The Mafia has been running the Moakley courthouse for the past 24 years. Along with the Boston media the DOJ has portrayed LCS as victims. Will the media claim ISIS is a victim someday? The judges should be term limited. 2. Will the Salemme trial ever take place? Can Wyshak run the risk as Patty points out that he could get off the reservation? Salemme could testify that he was told to lie by Wyshak and the FBI in the Connolly case. Was the Boston DOJ forced to act on this murder? Did the Providence DOJ threaten to indict in their jurisdiction removing Wyshak from having any influence? He couldn’t risk losing control over the narrative. 3. Is it a crime for a prosecutor to call a witness he knows to be lying? Did Wyshak know Salemme was testifying falsely at the time of the Connolly trial? When did he find out? what are his obligations once he discovers his witness perjured himself? Doesn’t he have to notify the Court and defense counsel? There must be some obligation to timely remedy the wrong? Connolly’s entire Boston trial was a fraud. Weeks lied to get the case within the Statue of Limitations and Salemme lied comprehensively. Wyshak knew these were lies and failed to act. Judge Tauro and the Appeals judges also knew. All those judges should be removed from office. Did Wyshak and the judges failure to act amount to obstruction of justice?