J.W. Carney goes after Prosecutor Brian Kelly calling his actions a breach of ethics. Kelly apparently suggested that if Whitey wants his voice heard he should take the stand. Carney says that is violating “a sacred privilege” of a defendant not to take the stand. Carney makes an impassioned plea to allow him to conduct press conferences after the trial each day. Kelly responds by saying Carney should do his talking in the court and not outside the court. Kelly accuses Carney of trying to influence the jury with his out of court statements.
Carney also complained that Kelly keeps saying he and co-counsel Brennan are court appointed and paid by the public. He says an indigent defendant has the right to counsel under the Constitution and that Kelly complaining about it is wrong. He pointed out that all three prosecutors are paid by the government. Carney says he will appeal the judge’s ruling limiting his right to speak freely to the press which is a violation of the First and Sixth Amendments to the First Circuit.
As far as the evidentiary question I spoke about earlier, the defense counsel waived its hearsay objection so the reports will come into evidence. The defense counsel said they did it so that in cross-examining the witness they also can put in reports.
The reports put in were Whitey’s informant file, a part of Flemmi’s file, and lots of 209 reports (reports of an FBI’s agent contacts with his informants). Wyshak is showing all the FBI reports attributable to Whitey relating to the suspects in the Halloran homicide. Whitey blames the Charlestown mob and even names the people who did the shooting and were in the back up car; the Mafia trying to protect Jackie
Flemmi*** Salemme because Stevie Flemmi Frankie Salemme is in prison and can tell about the murders the Angiulos committed; Jimmy Flynn because Halloran squealed on him; and some low life criminals who Halloran had been picking on.
Wyshak’s now putting in the contacts between the Boston FBI officer and the Oklahoma FBI office which is investigating the murder of Roger Wheeler. Oklahoma is asking Boston to interview John Callahan which Connolly finally does. He sends report of interview back to Oklahoma.
The first part of morning ends when Wyshak wants an opinion from the witness as to whether Whitey was an informant. We’d spend about a half an hour arguing that point. Wyshak says he doesn’t want to pretend Whitey was not an informant just because he says he wasn’t. Brennan arguing just because the files say he gave information doesn’t mean he did give the information.
It’s all rather silly. Carney and Brennan are driving Wyshak insane over this issue that really has a small bearing on the case. The hundreds of pages of informant information that Connolly said he got from Whitey is already in evidence. Wyshak should let it stand like it is. He doesn’t need some witness to give his opinion on whether Whitey was an informant; it’s obvious from the file. If Carney and Brennan want to argue against that ton of information, let them.
The bottom line in the case is whether Whitey was an informant or not is really a side issue. We have 19 people who are dead, allegedly at his hands. 10 prior to the time he became an informant. We have his partners coming in who will testify they were there when he murdered some of these people. Let’s get on with the trial and get away from the phony issue whether he was an informant. I’m surprised how side tracked the case has become on this side issue.
**** Note: I originally typed in the Flemmi name when I meant Salemme.