The FBI’s Historic Indifference To The Truth Will Haunt It In The Prosecution Of Whitey Bulger

The FBI’s actions in the murder of Teddy Deegan in 1965 which was investigated by a Congressional committee showed at best that the FBI agents were indifferent that six men got convicted, four sentenced to death. They had evidence to show that four were probably not involved in the murder. Those sentenced to death sat on death row until the death penalty was thrown out in the state. One of the FBI agents, H. Paul Rico, who had information that would show state’s witness, Joe “the Animal” Barboza was lying and putting people at the scene of the murder who weren’t there, was asked about this many years later in particular reference to Joseph Salvati who spent 33 years in prison.

Congressman Shays asked: “So you don’t really care much and you don’t really have any remorse. Is that true?”

Rico answered: “Would you like tears, or something”  Shays responded, “Pardon me?” Rico replied: “What do you want, tears?”

Rico’s attitude was that he turned Joe The Animal over to the state prosecutors and whatever happened after that was none of his business. If an innocent person was convicted, as he said earlier in his testimony, “I feel that we have a justice system and however it plays out it plays out. I don’t think we convict everybody that is guilty and I don’t think we let everyone go that is innocent.”

After he said that Shays inquired:  “You don’t care. Does it bother you that this man was in jail for 30 years?

Rico said: “It would probably be a nice movie or something.”

This showed a callous indifference by an FBI agent to any concept of justice. It presents a man who had little concern for right or wrong. I find it hard to believe anyone with an ounce of integrity would stand by and let an innocent person be sentenced to death as Rico and other FBI agents did.

Later Shays asked Rico: “So you knew [Barboza] was a contract killer . . . and you knew he was testifying against these six . . . [w]hat made you think he was telling the truth”

Rico responded: “Because I think the — I thought the fear of perjury — . . . I would think that the fear of perjury would prevent him from lying.”

Shays replied: “Why would you think the fear of perjury would prevent him from lying?”

Rico answered: “I don’t know. I had to think something. So that’s what I thought.”

Shays said: “No. I think that’s an honest answer. I think your character is coming through. You think you had to say something. So in fact you really couldn’t be certain he was telling the truth.”

Rico: “No. I don’t think I could be certain that he’s ever telling the truth.”

In other words Rico, and others in the FBI, have no concern with the truth. As we have seen in the cases we’ve discussed, contract killers are put on the stand and the government has no idea whether they are telling the truth. The feds let them say whatever they want even when they are sitting on evidence that contradicts the witnesses testimony and then leaves it up to a jury to try to tell whether they are telling the truth without giving them the full picture.

In the Connolly trial all the gangster witnesses, including Morris, testified they were so afraid of being charged with perjury that they felt they had to tell the truth. But as Rico admitted, that’s just something to throw out. To think a depraved contract killer would fear a perjury rap is laughable. One reason they don’t fear it is because they know the government cannot charge them with perjury even when it knows they are committing perjury. That is because the government would undermine its case if it did.

When a person takes an oath it goes something like this: “I will tell the truth, the whole truth, and nothing but the truth.”  Did you ever wonder why the statement was not limited to: “I will tell the truth”?  It’s because you can tell the truth but leave out a lot of other things. Take for instance the question of whether Mr. Fine had any relationship with Mr. Good. If asked Mr. Fine could truthfully say: “I never met with Mr. Good.” Yet, he may have talked to him on the cell phone. The idea of the “whole truth” is to tell everything about the incident.

Of course this is the most famous example of a partial truth: “I want to say one thing to the American people. I want you to listen to me again. I’m going to say this again. (As he pumps his right hand with his index finger pointed) I did not have sexual relations with that woman, Miss Lewinsky. I never told anyone to lie. Not a single time. Never. These allegations are false.  And I need to go back to work for the American people.”

How this fits in to what is happening to Whitey is that in the last day or so we’ve seen develop evidence that the FBI and the prosecutors have made a deal with Kevin Weeks allowing him to lie on the stand. They’ve allowed Martorano keep his brother out of things.  Who said people aren’t above the law in America?

10 thoughts on “The FBI’s Historic Indifference To The Truth Will Haunt It In The Prosecution Of Whitey Bulger

  1. Bob, Matt:
    I stand corrected, too. The current federal law enforcement misconduct I see occurring these days is primarily at the hands of Wyshak, Kelly and Doherty. Maybe the current FBI shouldn’t be lumped in with that Trio. Nonetheless, federal law enforcement misconduct is cyclical and pervasive. Agencies are given a mission and put under pressure to produce results. Soon the means are overlooked and the results are the only thing. That cycle was apparent in the FBI’s ‘War on the Mafia’ during which a ‘get Mafia guys at any cost’ mentality gave rise to Rico and Barboza. Federal law enforcement could make almost any Italian appear to be a Mafiosi in front of a jury. See Tameleo, Greco, etc. Now the cycle has turned back to the weapons used to take down the Mafia, Bulger and Connolly. Clearly the Trio is using any and all weapons to ‘get’ the Irish guys. The Trio has intentionally purchased loads of questionable, contrary and even perjurious testimony to meet their ends. They also own many news reporters in Boston who are used to wage a public campaign against the entire Bulger family and the people of South Boston. Secretly they doled out (and leaked prolifically) weekly stories to the like of Shelley Murphy and Howy Carr year after year. Carr and Murphy never had to do any work. They are sorely indebted to the Trio and the reporter will take the Trio’s slant on every issue. The money is too good to bite the hand that feeds.

    In twenty years, Wyshak’s debriefing notes (if he hasn’t already destroyed them) will be the subject of another halfass congressional hearing and people will be outraged (mostly lawyers talking at each other like us). Nothing will be done, however, just like nothing is being done now. The failure in federal law enforcement is structural. It is a flaw in our democracy which completely negates the Bill of Rights.

    A main contributor to this perpetual cycle of misconduct is the Office of Professional Responsibility in the DOJ. Many federal Judges have written about this sham oversight agency and few more forcefully than Judge Wolf. He and the First Circuit found a pattern of “outrageous” misconduct by USA Auerhahn in the case against a Mafia guy named Barone. After four years of waiting for an investigation of Auerhahn by the OPC, Wolf gave up and reported Auerhahn to the Mass BBO which agreed Auerhahn committed misconduct.
    The bottom line, Bob, is that unless the FBI can investigate the USA and vice versa, the cycle will not end. There is now substantial proof in the public realm that Weeks perjured himself at Connolly’s trial about the back seat shooter with the complicity of the Trio. The FBI should investigate that federal crime if they wish to rehabilitate their reputation in Boston!

    1. Patty: One reason I lumped the current FBI in is because of Rossetti, a Mafia capo, top echelon informant, FBI agent telling him his job is to keep him safe. I agree the Wyshak group appears to be in the forefront of many of the things I complained about which are attributed to the FBi, but basically, we do not know whether Nee is an FBI informant and being protected or not. Keep in mind, the FBi and Wyshak (and Durham) made a deal. One part was that he’d just take out Connolly and leave the rest of the FBI alone. What he got in return for that maybe a hands off attitude by the FBI not to interfere with anything he did. You’re right that the Trio has certain reporters involved in a quid pro quo deal, inside information for good publicity. Along with the inside information, help in writing books. Maybe the FBI is part of the deal, after all in the ’70s and ’80s the FBI had all of Boston’s media eating out of its hand.
      The OPR (I think it is an FBI group and not DOJ) investigated Connolly and Morris and found nothing wrong, it investigated Morris for leaking information on Billy Bulger, found he did it even though he lied under oath to it several times, and he ended up with a couple of week suspension without pay, a transfer, and an eventual promotion. Just think it is year and some months since the FBI started its investigation of the use of Rossetti as a top echelon informant and that investigation is still ongoing. It could have been completed in a week or two since it is a simple issue. Congressman Lynch at first complained about it, now he is telling everyone it is highly complicated.
      The federal judges may complain but they don’t do anything. If they were serious they could start holding the FBI in contempt.
      I would not depend on the FBI investigating anyone since it is an agency that is beyond anyone else’s control. Neither Congress or the DOJ or the judiciary can or will control it. J. Edgar Hoover served 48 years building the monster. After the Church hearings, the term of director was limited to ten years so than never again would a monster be created. Now we see Mueller in his eleventh year, we seem to have forgotten the term limit on the director but we’ll have to wait an see if another Hoover is being created.
      I’m not ready to think the FBI has changed much since the days of Connolly or Rico. We would never have known about what they did except for Judge Wolf and some other fortuitous circumstances. I’ve not seen any indication the FBI has changed. So maybe it is not responsible for some of the happenings under Wyshak with the use of witnesses who have been able to dictate what they will testify about but what is going on behind its walls, where no one else can look, does not make me feel hopeful.

  2. Thank you for your willingness to criticize the FBI. I have not found anyone willing to do so in my situation. You can only read my story with a search for “New police weapon against homeless” and “Historic coverup of FBI and police crimes currently taking place”. Masters degree Harding University 1993

    1. Thanks for writing, Bill. I read your two posts. As you can tell I’m pretty much full time dealing with the Whitey case and the things surrounding it. I’ve had other people write to me about problems with the FBI but I’ve told them I want to limit myself to this one area where I have been involved in the past. I’m sure you understand if you try to take on too much you accomplish nothing. Good luck.

  3. You questioned why Suffolk DA Conley has done nothing about Nee and the Halloran/Donahue murders. John Connolly was tried on State of Fla murder charges. Nee should be investigated by the BPD. Put Flemmi and Weeks in the GJ. Why don’t you contact Conley, as a former prosecutor, and ask him about this case. Have BPD interview the Wyshak-Foley Group and document their lies.

    1. One reason Conley has done nothing is he doesn’t want to take on the feds especially at this point and look like he’s helping Whitey. Whether he ever does will depend on the Donohue family who attend every hearing, also, the Halloran and McIntyre families, the latter especially, should pressure him. I plan to write to him and ask him if he intends to do this. I will write to other people about their activities surrounding these matters and post the letters and replies on this blog.
      Being an ex-prosecutor gives me little entree into other prosecutors’ offices, what it does is lets me understand better what is going on. I’m also trying to keep an arms length approach to people who are involved in these matters so that I can keep my objectivity. It’s easy to develop a liking or friendship with a person, or even an animosity toward a person, and have that adversely affect one’s writings. I do know some people involved and have to fight the tendency to want to see things more in their light than in the most impartial way.
      Conley may also fear the Globe coming down on him. The DAs live in fear of the Globe as witnessed by DA Morrissey firing the ADA in the Dookhan case who had done nothing wrong. He was criticized for his non-criminal relationship with Dookhan by the Globe, Morrissey rather than standing by his man, felt the heat, and jettisoned him. The DAs always seem to be aspiring for higher political office so they seek to stay on the good side of the Globe. The Herald which is controlled by Howie also keeps them in line since Howie’s meal ticket is criticizing Billy and Whitey and hanging around with Martorano.
      Again, thanks for writing. You allow me to reconsider things which is important.

  4. Matt, everything you say about the FBI, Rico, Barboza, Deegan is true. The problem with Weeks,Martarano, Flemmi is that they were debriefed by the USAO-Whyshak, MSP-Foley, Johnson, DEA-Doherty. The FBI had nothing to do with the aforementioned murderers. All deals were made by the Wyshak/Foley Group. The FBI was completely kept out of the debriefings.

    The FBI are easy whipping boys in Boston. The lazy press in Boston continues to hammer them. The Whyshak-Foley Group are the hypocrites. They have allowed people that murdered dozens of human beings to walk the streets. They know Weeks is a liar and they are very concerned that the truth will come out. I hope it does come out.. Once again, I want to reiterate that Pat Nee has nothing to do with the FBI. He is being protected by the Wyshak-Foley Group. If Nee was a Top Echelon for the FBI, Wyshak would have leaked it to one of his lackeys in the press like Shelly Murphy or Gelzinas. You state that no one will believe Whitey. You might be correct. Whitey can put Nee in the back seat of the Halloran/Donahue murder car. We will see if the jury believes him. I do.

    1. Bob: I appreciate that you have written to me. I agree with everything you said in the first paragraph. It’s something that I had not been considering as you noted. I had lumped the FBI into this unfairly which is my mistake. In trying to figure out why I did this, I think it is because of two things that are mixed into this pot: the Connolly trial with FBI Agent Bald sitting at the prosecution desk assisting the prosecution team and the recent discovery that Mark Rossetti was a Top Echelon Informant. Thanks for the correction. I’ll have to be more careful in painting with too broad a brush.
      The FBI though still bothers me by what it did with Connolly. I’m not a fan of his, but I think it failed to back him up. Also, the FBI agent saying to Rossetti a Mafia capo that his job is to keep him safe shows me that the FBI seems to have not changed since Rico’s days. It is supposed to be doing an investigation of the Rossetti matter but it has been over a year, so it seems to be covering it up since it is something that could have been investigated in a week if it had good intentions.
      You’re right that Wyshak’s group has been lionized. I had them on a pedestal until I saw them guffawing at Martorano and the other gangsters. As far as believing Whitey, no prosecutor would ever rely on his testimony to present a case against another. But there’s more to it than that, Weeks and Flemmi who are being used by the Wyshak team are being used by a prosecutor and they can identify who was in the back seat. So there is a strong case, well, as strong a case as one can have with gangsters testifying, against him aside from Whitey’s testimony. It seems to be very clear that Whitey would never have let anyone sit behind him in a car with a loaded gun unless he absolutely trusted that person and Nee was his partner.
      Do you think Whitey will admit to murdering Halloran and Donohue? He might put Weeks or Flemmi in the front seat.
      Weeks’s story about the hit is suspect. At the trial he testified he was in his sister’s car as lookout, in his book he puts himself in Whitey’s car. That’s something you’d never forget. Maybe he was in the back seat of the Tow Truck hit car and they had to come up with a story to keep him out of the action so they could make a deal with him, like they keep him out of all the other murders. (He always is a spectator although in his book he admits to wrestling McIntyre to the ground as soon as he came into the house right after Nee.) The witness who came forward was shown the photographs of seven people including Nee.
      Weeks’s and Whitey’s photographs were not there. Maybe Nee was the lookout. Whitey trusted Weeks more than anyone else. Thanks for writing.

  5. bill clinton is the one who put in to compare to lying fbi agents regarding murder? sir, your massachusetts backround is showing. did lbj falsify the gulf of tonkin? did jfk and rfk have anything to do with marilyn monroes murder? did geeorge w. bush falsify data to go into iraq? please do not compare the best president in my lifetime to lying fbi agents. ps i thought the joke that was billy bulgers capital hill testimony showed much more of the person that billy bulger was than bill clinton and what he had to say about monica. any complaints about your mutual fund growth when he was president?

    1. You missed the point. Bill Clinton’s denial of having relations was an example of telling the truth but not the whole truth.

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