(This is being published each Sunday in serial form. For full view of past postings go here. )
As Captain Mattioli was watching and trying to set Naimovich up from inside; Tom Foley and his partner were tracking his every movement outside. While they were busy doing this, the FBI was readying an affidavit to go up on the telephone of McIntyre.
The affidavit with respect to Naimovich shows that he is in contact with McIntyre. It talks about a wiretap on Vanessa’s Restaurant in the Prudential Center and how it was tipped off noting McIntyre’s name was mentioned as paying rent. Mattioli would testify in the grand jury on February 2, 1988, that Naimovich being in the same unit that did Vanessa’s would have had information on that wiretap but that was later proven to be false. The affidavit mentioned the incident Foley talked about that kicked off the investigation of Naimovich that he had leaked the report to Vinny Ferrara another falsehood.
It also contained information of conversations between Foley and Naimovich. Foley was trying to set up Naimovich. One related to the incident that started the investigation. The other was on November 2,1987, both were doing the monitoring on my wiretap.
I mentioned how we were tapping on a Dedham office up to October 16 and how we issued grand jury subpoenas. I didn’t mention that we went from Dedham over to another location. I wanted to save this for here so you’d have a better sense of what was going on.
On October 24 we went up on the Milton home of Abe Sarkas. Abe has been mentioned in the Whitey trial as the guy who ran all the booking for the Boston Mafia’s Larry Zannino. We’d stay up on that phone until December 14; we went up on Mel Berger’s phone in Newton, Mel was the man at the top of the Jewish bookmaking empire who was also mentioned during the trial and stayed up between November 1 through December 14; and we put a bug in Abe Sarkas’s office between November 24 and December 9. We are knocking at the door of the leaders of organized crime including Whitey and Stevie.
Meanwhile Foley who is supposed to be working on these top guys is running a different operation. To this date I don’t think either Mattioli or Foley had a clue as to the level of organize crime we were at. Their interest was getting Naimovich.
The FBI affidavit stated that on November 2 Foley and Naimovich were working together. They were both doing the monitoring of the phones of Abe Sarkas’s home up to midnight. That was not in the affidavit. The affidavit reads that Foley gave Naimovich details about a state police investigation into “a barbooth game being conducted in Haverhill.” at the “Coffee House and the Bacuso Club.” It went on to say that Foley had an informant who told him that a few hours after his conversation with Naimovich at 4:00 a.m. the Haverhill police told the people at the Coffee House who were playing the game to “stop playing for a while.” Two days late Naimovich overheard Foley telling another trooper they were stopping their investigation of the barbooth games, and they started up again.
Obviously the judge is to believe Naimovich tipped off that after hours game in some joint in Haverhill. Of course, the judge had no idea that Naimovich is doing a wiretap at top levels of organized crime. He’d have found it absurd to think that in the middle of that he’d somehow have been worried that some muffs in Haverhill were being investigated for a dice or card game. Apparently Foley thought he had a gem even though there was no other connection shown between Naimovich and Haverhill, Foley was willing to give this trite information to prove his worth to the FBI.
Foley in his book tells us the FBI put a bug on McIntyre’s phone (this didn’t happen until December 21, 1987 – nor do you put bugs on phones). He wrote, “John Connolly did a few shifts, to keep his hand in,but he was always a man on the go.”
We see Whitey and Stevie’s handler right in the middle of it. We also see the slap at Connolly, “he was always a man on the go,” as the appropriate distancing himself from a POOF. He’ll do that a couple of other times his book.
Foley continued by writing that rather than doing what he should have been doing going after top organized crime figures, “Jimmy and I tailed Naimovich when he hit the road. . . . We stuck to the investigation around the clock for a couple of months. We didn’t get very much but we did get something — Naimovich taking small amounts of money from McIntyre.” These months are November and December, 1987, and perhaps January, 1988.
Foley’s statement was true in one respect, “We didn’t get very much.”
But can’t keep himself from dissembling by adding, “but we did get something — Naimovich taking small amounts of money from McIntyre.”
Why would Foley write that when it never happened? Neither he nor Mattioli ever testified to that. There was an allegation that McIntyre gave money to Naimovich. That came from McIntyre who made it up on February 2, 1988, the day Naimovich was indicted. McIntyre was given a choice by Jeremiah O’Sullivan (the same choice given to Jimmy Katz) — big time in prison, lose all your assets, get hit with a huge fine, and see your wife and kids out on the street — or give us something on Naimovich.