The Old Smoothies Might Buy It: I Don’t

You I received a comment the other day which read: ”The Rogue Agent theory was invented by Comey and Mueller. The Russian Collusion Hoax was invented by Comey and Mueller. The Boston Marathon Lie (The FBI didn’t know the Tsarnaevs) was invented by Comey and Mueller. Can anyone see a pattern?”

We are asked if we see a pattern. The first one I see is this is part of the idea the FBI and our intelligence agencies are corrupt and intent on undermining America (or at least Trump who often confuses himself with America.) Strange that after more than seventy years protecting us they suddenly changed when Trump got elected.

The second pattern I see is one of total wrongness when the facts are examined. The most obvious example of that is that even though the FBI had evidence that Trump’s campaign was being assisted by Russia, which I don’t think even the writer who commented doubts (or perhaps I’m wrong there) it never made public its knowledge. Rather it was held back at the insistence of Senators Mitch McGovern who knew it would hurt Trump’s chances. Mueller had nothing to do with the FBI at the time but Comey was its director. Had Comey wanted he certainly could have put it out but he didn’t. Rather than hurting Trump the FBI through its silence helped him.

FBI Agent John Connolly’s Death Sentence; the Murderers Walk Free With Government Money

There is little doubt in my mind that John Connolly is wrongfully imprisoned. I spent the last three days spelling out the absurdity of the Florida Appeals court decision that keeps him there.  There are so many other factors that likewise must be considered  in his case.

I do recognize the futility at banging this drum especially now since the Department of Justice is headed by William Barr who has appointed John Durham as his hatchet man to go back and try to exonerate Russia from its involvement in Trump’s election. Durham is the prosecutor who tried the Connolly case so the chances of his admitting that Connolly is imprisoned wrongly or that any Trump appointed judge finding that are next to zero.

Connolly will die in prison. He has been there since 2002. Why go on banging my head against the wall. He’s not related to me although we have the same last name; nor was I ever friendly with him although I met with him a half-dozen times in our official capacities – he as an FBI agent, me as a state prosecutor.

In Florida Almost Every Felony Is Committed With A Weapon or Firearm

This is the third in a series examining the abominable decision by Judge Rothenberg and four other Florida Appeal Court judges in the case of retired FBI Agent John Connolly, The two prior were written on Tuesday and Wednesday of this week.  The first article dealt with the absurdity of saying a murder was ongoing three weeks before it was committed; the second considered how these judges interpreted a Florida statute intended to discourage firearms or weapons at a felony as encouraging them.

Today I discuss another absurd result that comes out of the Connolly ruling. If applied in the manner the decision in the Connolly case was applied. It would make just about every felony in Florida subject to the increased penalty. The statute in question provides: ” . . .whenever a person is charged with a felony, . . .  and during the commission of such a felony the defendant carries, displays, uses, threatens, or attempt to use any weapon or firearm, . . . the felony for which the person is charged shall be reclassified . . . . “

A Florida Appeals Court Encourages People to Be Armed With Weapons When Committing Felonies

Yesterday I wrote about how a Florida Appeals Court decision will result in former FBI Agent John Connolly dying in prison. I called the decision absurd in part because it held a murder was ongoing three weeks before it took place. It was being committed over a three-week time even though it was a discrete event that actually took place in a minute or two.

The facts most favorable to the state are simple. John Callahan was murdered by Martorano on July 31, 1982. Martorano said he murdered Callahan because three weeks before the murder Connolly passed word to others that the FBI was looking for Callahan. Connolly said if he cooperated he would be able to implicate Martorano and others in a murder committed by Martorano in Oklahoma. He said Martorano should handle it. At the time he met the others in Boston he was wearing his FBI gun.

The issue is whether wearing the gun in Boston three weeks before the murder in Florida Connolly was carrying a gun during the commission of the murder. The Florida court stated Connolly: ” carried during the commission of the murder, and that the crime of second degree murder was ongoing.”

“The pangs of dispised Love, the Law’s absurdity, The insolence of Office, . . . “

A Florida Appeals Court decided that former FBI Agent John Connolly should die in prison so it wrote an abomination of a decision to make sure that happened. The issue really isn’t whether Connolly was a good or bad FBI agent. The issue is whether our liberties are safe in America when five judges can sign on to an absurd decision written for the sole purpose of getting Connolly. If it can happen to him, it can happen to you.

Connolly was convicted of second degree murder by gun. The charge of second degree murder would have run up against the statute of limitations and Connolly acquitted had not the gun charge reclassified the penalty and time for bringing the charges. The enhancement brought it within the statute.

The facts most favorable to the state are simple. John Callahan was murdered by Martorano on July 31, 1982. Martorano said he murdered Callahan because three weeks before the murder Connolly passed word to others that the FBI was looking for Callahan. Connolly said if he cooperated he would be able to implicate Martorano and others in a murder committed by Martorano in Oklahoma. He said Martorano should handle it. At the time he met the others in Boston he was wearing his FBI gun.

Thinking of Football: Patriots. Notre Dame, B.C. and others., etc

I’m more a college football fan than a professional one. I do watch the pros at times like yesterday watching the Patriots. One thing I’ve observed in the past which was confirmed yesterday was the bias the referees have against Patriot opponents.

How often do you get to see two offensive pass interference calls in a game?  Rarely, I’d suggest. What about during one set of downs? That’s what happened in yesterday’s game. It sort of smoothered the comeback attempt. It wouldn’t be so bad if the officials called the action of the Patriot defenders as closely as their opponents but they don’t.

If any team doesn’t need the referee s carrying it then it’s the Patriots. A while ago I read that Kraft was on the owners committee that oversees the refs. Does that impact their calls?

Speaking of refs I planned to watch BC play Clemson Saturday night. To my great dismay it wasn’t on. How could it be the number 4 team Clemson wasn’t on national TV? It was on the ACC television network. My cable company Comcast with Xfinity doesn’t carry that network. I ended up watching the Notre Dame game.

4. Trying To Figure Out A Legal Problem: When Does “Commission of a Felony” occur?

Roger and I went to Albie’s wake and expressed shock that someone would poison Alby.  We expressed our sorrow to his grieving widow who much to our surprise called us a pair of bastards. An even greater one came as we walked outside and were met by a handful of cops and arrested.

It turned out we made one mistake. We did not know about the video camera in the diner. It showed us doing the dirty deed so now we’re in the slammer. We’re not alone, though. I figured I’d tell the story to the cops hoping to cut myself a break but all I managed to do was get Spike and Jimmy arrested also.

The thing I can’t figure out though is why we are all charged with murder by gun – that is we are being charged with being armed with a gun during the commission of the murder. Can you believe it? All Spike did was suggest it three weeks before we poisoned Albie; Jimmy didn’t want anything to do with it two weeks before; we decided not to use guns yet we are all charged with carrying a weapon during the commission of the murder.

3. Trying To Figure Out A Legal Problem: When Does “Commission of a Felony” occur?

Jimmy’s withdrawal from our plan to murder Albie complicates things a little bit. Roger and I discuss it. We decide to go on. We figure we can still do the job but Roger has to pick up where Jimmy left off so he can get familiar with Alby’s move. Roger suggests we wait a week or so and I agree .

At this stage we are beyond the agreement stage. We have started actively planning the murder and taken steps toward its commission. We are legally known as accessories before the fact and are to be punished in the same manner as the person who commits the offense. You could say we aided, counseled, hired, or procured the other to commit the murder. As  one statute reads who does that is a principal and “may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.”

A few questions remain though: Has the crime of attempted murder or murder  been committed at this stage?

It would seem obviously the murder has not been committed. Alby is still very much alive. We’ve been talking to him off and on.