By the way, Connolly would be tried in Florida based on the testimony of Martorano, Flemmi and Weeks and be convicted of murder by gun. Wyshak at that time was the lead prosecutor.
He was not originally charged with murder by gun. He was charged with first degree murder and conspiracy to murder of which he was acquitted. His lawyer erred in not filing a motion after the verdict within the proper time. Had he done it, the conviction would not have stood.
An unnerving part of the trial itself was when Wyshak had Flemmi on the stand. Flemmi who had murdered his stepdaughter and girlfriend among many others was giving testimony about the murder of Brian Halloran. Whitey Bulger, Flemmi’s partner called Halloran “balloon head.” Wyshak and Flemmi found it somewhat humorous smiling together when taking about the murder as if they had joked about it previously. It was frightening to see how close the prosecutor had come to this vile man as we saw with Durham and Mafia king Salemme.
Connolly was sentenced to 40 years in prison which began after his federal sentence. In effect, he was given the death penalty while the three men who were confessed murderers were let back on the street. Connolly will first come up for parole when he is 99 years old. The likelihood he will still be alive is slim.
The tragedy of his case is he was wrongly convicted. The appeals court to uphold his conviction twisted the Florida law into a shape beyond all recognition. The appeals court’s decision stated in effect that if a person plans with his friend who is having trouble with his wife to poison her; and during the planning he wears a gun; and a week later shows up at his friend’s house without the gun and drops the poison into the wife’s drink, he can be convicted of murder by gun.It’s absurd, I know. Yet that is what the appeals court had to decide to uphold Connolly’s conviction. It needed the “gun” to be involved to solve a legal problem which would have set Connolly free.
When the judges are out to get you, then you can be sure they will. As I’ve written a hundred times the law is what the judges say it is. Yet no one seems bothered that a guy who did what the FBI required him to do will die in prison for testimony of murderers who were given enormously pleasing deals to nail the agent, even if one of two of them committed perjury during the trials. Least of all does Durham or Wyshak care about this.
Unfortunately for Connolly the courts have all closed their eyes to his valid arguments. But what about the prosecutors? What about Durham and Wyshak? Didn’t Wyshak say as he’s holding back tears in respect to Salemme: “This man is ruthless, barbaric. . . . It grieves me that it’s taken this long to put him away for the rest of his life, because he richly deserves that.”
Is it all right with him and Durham that such a man as Salemme lied in court about an FBI agent and put the agent away for his life? What kind of ethics do they have to believe that they should have opposed Connolly’s motion for a new trial when they knew the man who had provided critical evidence for Connolly’s conviction richly deserves to be locked up for life.
Reading the asthenic reasoning in these cases it almost seems someone has been operating behind the scenes in Boston and Florida to ensure that Connolly never sees the light of day on the outside of prison? Is it the Department of Justice or the FBI? Do either Durham or Wyshak shed tears that Connolly a man with three children who never was at a murder scene, never came close to a murder, and was wrongly convicted has spent almost 20 years in prison and will die there.