Suddenly it ended – about 10:45 the cross-examination ceased. Wyshak then spent the last ten minutes rehabilitating Martorano. It was over too soon. It seemed there was much that was not touched upon. I’m surprised.
It started off well. Brennan slams Martorano who when asked him if he was worried that Stevie Flemmi could implicate him in the murder in Oklahoma starting to talk about having done it because his partners Whitey and Stevie wanted him to do this. Brennan said I asked you about Oklahoma have you been told to add Whitey in to all your answers to my questions. He said no but Martorano seemed to have been cut up short. We haven’t heard Whitey’s name thrown in as an extra much since whereas yesterday it was all Whitey all the time.
Brennan puts up names of guys Martorano agreed to testify against to get his deal with the government. They were Whitey, Stevie, Kevin Weeks, Kevin O’Neill, John Curran, Pat Linsky and George Hogan. He then gets across that Martorano had no evidence to give against five of them, some of whom he didn’t know. Wyshak would try to suggest that what Martorano was told about them by others like Whitey would have made their evidence admissible.
Brennan again nails him on the reason he murdered Wheeler. He testified yesterday that it was to help out his friend Callahan. Today Brennan showed him a report where he said over ten years ago to the state cops that the reason was that Stevie Flemmi wanted to help out FBI agent Paul Rico. Brennan introduces a letter from Wyshak to Fishman where Wyshak said that’s the reason.
He then shows Flemmi telling different stories now than earlier when interviewed by state police. In the O’Toole murder Matorano put Flemmi at scene in original story firing out the rear window and then said he leaned over him to fire a machine gun. Then he learns Flemmi was in Canada at the time. So he changes the story to say someone else was sitting next to him in the car. Martorano said I thought it was Flemmi because I was always talking to him in Canada.
He now goes on to show that he told state police he stabbed “Touch” outside the Sugar Shack to death and put the body in the car and dumped it. Yesterday he said he stabbed him once, then brought him to the car so that he could get him medical help. “Touch” had 20 stab wounds. A witness saw Touch getting in the car. It was left that he changed his testimony there.
Wyshak’s is objecting. They interfere with the flow of the examination. There were at least four sidebars. Wyshak’s objections are based on relevance, or we’ve been over this before, etc, and he continues to talk after objecting.
Brennan has difficulty getting into evidence the statements Martorano gave at previous times to the state cops. Martorano when confronted with them says he doesn’t remember saying them. Like with Dickie O’Shea, the prosecution witnesses seem to have memory lapses at crucial times.
Brennan touches upon the deals Martorano made and shows that it was in his interest to give the prosecution what it wanted. He spelled out the benefits Martorano got: $6,000 in prison for canteen; $20,000 for start up money; $200,000 on the sale of a house he gave to his wife. He could also profit from his life of crime with the book and movie. $250,000 for rights to movie, $250,000 if movie made and then a percentage of the profits. We see he had a lot of remorse for his killings but not to the extent of thinking of cutting in the families of the victims into some of the money he was going to earn. And then we heard some testimony about Martorano after he got out trying to collect some money owed to him and going to a casino.
It suddenly ended – too soon. There was no cross-examination from his book. It didn’t feel right to me. Maybe defense counsel thought it had done enough damage. There’s still re-cross to come. I’m not used to the federal system where the prosecutors seem to run the show and the questioning is conducted from across the room. It doesn’t seem natural to have a judge say we’ve already heard that counsel or is this area exhausted shortly after you get into it. Sort of disappointed but will think it over. Maybe I wanted to see Martorano laying on the courtroom floor all bloodied like some of his victims. Got to go back in.