Wyshak used the remaining part of the morning, about an hour and fifteen minutes to see how well he could bore us. He had Benji (Flemmi) going through pictures of the guns and identifying them, he told about the transactions that he had surrounding the liquor store, and he went through reports filed by FBI Agent John Connolly in his informant files to have Benji say he gave Whitey that information and Whitey gave it to Connolly. Some of the information was in ’88 or ’89 after Frankie Salemme got out of Walpole prison and was trying to reestablish himself in the Mafia by going down to visit John Gotti. Benji said he was the only one who knew that because he was close to Frankie. Here we go again with Wyshak’s obsession with proving Whitey is an informant. This is an issue Wyshak will have spent 20 to 25% percent of the case on, falling into Carney and Brennan’s (C&B) trap, and the jury won’t spend 1% of its time discussing it.
He then went into the Baharian issue. Benji said Baharian is part of the Roxbury group. I mentioned early on that none of the people writing about these matters seemed to have known there was the Roxbury group. I will digress for a second because this morning another matter the so-called experts were wrong about was that Whitey became an informant and brought Benji along. You may recall that’s what Benji testified to also. But C&B have reports showing, as I maintained all along, that Benji was brought back by the FBI in May 1974 to be an informant. He was there long before Whitey came around.
During the testimony relating to Baharian where Morris tipped off a wiretap on Baharian, to show how much Benji has been prepped, he said that John Morris said to him he did not want “another Halloran.” Morris testified he said that to Connolly and not to Benji. Obviously Morris never would have said it to Benji since it would be accusing him of murdering Halloran which he’d never do to his face.
Another interesting bit of evidence came about when Wyshak was asking Benji about the December 1994 time period. He said Weeks told him that he got information from Connolly that it was best to leave because indictments were coming down. When asked where Whitey was, Benji said he was on vacation somewhere. This contradicts the whole government case against Connolly which was based upon him telling Whitey also to flee. He also contradicted the testimony of Salemme who said his wife’s called him from their house to tell him Benji was there. Benji said it was a chance meeting.
Over all Benji was shaky today but still presented himself as the lackey of Whitey who did everything Whitey asked him to do. The truth is Benji was the big gangster before Whitey came along and he was no shrinking violet when it came to their relationship. It’s just that he lucked out because Whitey was the ultimate target of Wyshak (as was Billy Bulger but what is amazing is throughout these cases Wyshak has been unable to get a scintilla of believable evidence that Billy did anything wrong despite the wonderful gifts he would have given anyone who could aid him in his quest.) So Benji could run under Wyshak’s to join the other criminals cuddling there.
Wyshak finally sat down and Brennan got up. He started asking him about his relationship with Deborah Hussey, the two-year old girl who called him Daddy but who he says wasn’t his daughter.
“Did you ever tell her not to call you Daddy?”
No, he answered.
“As a young girl didn’t you sit her on your knee and read books to her?”
No, he replied.
“Didn’t you say that you did that on a prior occasion?”
“That was a general question my answer didn’t count back then.”
“Was it your job as her father to protect her?”
He replied, “I did protect her,” telling a story how he rescued her from someone at some time or another. “See, I did protect her. No one ever hurt her.”
Brennan replied, “Except you, Mr. Flemmi, when you strangled her.”
“Except you, Mr. Flemmi when you sexually abused her.”
“It was consensual.”
“You were her father!”
“It only happened twice and it was not intercourse.”
“You were her father, Mr. Flemmi.”
“It was a moment of weakness.”
“You were her father.”
Brennan came at him with one gun in each hand blazing away. He’d emptied his clips and was reloading as Benji writhed on the stand.
Then it was over for the day.
It won’t be an easy night for Benji Ditchman.