How is it you can tell a juror to believe a person who murdered other people? How is it a prosecutor believes he has the ability to tell when a murderer is telling the truth? There are some people, mostly hardened criminals, who are so expert at telling falsehoods they pass lie detectors. I recall how Larry Baione’s lawyer told me he passed the lie detector test denying knowledge of the stolen goods even though the evidence against him was overwhelming. If you murder people you don’t react like normal people.
You know I heard that a judge said that Kevin Weeks who participated in at least five murders was the most believable person he ever heard on the stand. I wondered if he knew that when Weeks gave his first story to the investigators he was found to be lying. He would admit his first story was a lie after flunking a lie detector test. What does that say of a judge’s ability to separate truth from lies when he believes Weeks tells the truth? I wonder if he knew that Weeks wrote that his life was nothing but lies. That was probably the only truth uttered by Weeks when he said he was a criminal and to be a criminal you have to live a life of lies.
I will never get over that Fred Wyshak put on the stand Steven Flemmi to testify that Whitey Bulger murdered Debbie Davis. He knew that he didn’t or if not that he should have known that he had nothing to do with it. Putting him on knowing this shows either his contempt for the justice system or his cowardice in the face of Davis’s brother who insisted that his sister was a victim of Whitey or his obsequiousness to those in the media who insisted he pile on charges against Whitey to make him into some type of monster criminal.
How did Wyshak know Whitey had nothing to do with Debbie’s murder? Aside from analyzing the evidence he also had the word from another one of his witnesses John Martorano that Flemmi told him he strangled Debbie accidentally. How did he disregard that? Did he just ignore it? Did Freddy ever asked Flemmi about that? We never heard.
I suppose you could overlook it if Flemmi presented a compelling reason for you to believe he was telling the truth and that Martorano was lying that might have been the only way to do it. In the Whitey case all the evidence pointed toward Flemmi killing her without Whitey having any involvement.
Debbie D was a young woman in a long-term – 8 year – relationship with Flemmi who was 20 years older than she. Freddy knew this. She had met another guy in Mexico who she fell in love with. Freddy knew this. She told Flemmi that she was breaking up their relationship and going off to this guy. Freddy knew this. Flemmi invites her over to see his parents new house and murders her the day before she is scheduled to leave. Freddy knew this.
Whitey is put into the deal because Flemmi is looking for a deal and Freddy wants to get Whitey. How does he get around Flemmi admitting he strangled her and Flemmi having the motive to murder her? (Worse how does he become a buddy buddy with the guy that they both share a laugh in court while he testifies about the murder of Brian Halloran?)
Flemmi says Whitey made him kill her because he disclosed to her that John Connolly was their FBI handler or they were paying him or Debbie would know they were informants or something like that. Freddy has to believe it was only a coincidence this happened at the time Debbie was about to leave Flemmi.
The problem with that made-up story is there was no way anything Debbie knew was going to cause harm to Whitey. How would she prove anything? Who would she go to? She wanted to get away from the hoodlum Flemmi, she was not going to do anything to bring his wrath down upon her. Whitey always said no one would believe he was an informant; Connolly having them as informants was well-known. Who was she going to go to the FBI?
This in itself has to make you wonder about the ethics of the Boston federal prosecutors. I suppose that is one thing that is good about Trump’s victory. There will be a new Boston U.S. attorney. Hopefully along with that there will be a thorough cleaning of the house. Don’t feel bad for those lifers, some will be able to get a job at the paper on Morrissey Boulevard for which it seemed they have been working without pay for a while.