The Federal Prosecutor Perjury Con: The Stacked Deck

West Point LadiesA stacked deck. A terrific con. That is the only thought that comes to me when I think of witnesses in a federal criminal trial. I’m thinking of this because of Fitzpatrick’s plea yesterday and I am closely watching to see when the Boston Globe will move against Mayor Walsh and indict him.

Oh, perhaps you think I made a mistake writing the Globe rather than the Boston U.S. Attorney. If you pay attention to how things operate in Boston you will see the terms are synonymous. They are in the criminal area as close as the bricks and mortar in the Old State House.

Thinking of Walsh, while waiting for Senator Brian Joyce’s indictment which is probably being passed upon by one of the Globe’s editors at the moment I am writing that is unless he has made a deal and is wearing a wire trying to entrap Walsh or others, I thought of the witness situation in Boston’s federal court. It is probably the same in most federal courts.

As you know, both sides produce witnesses to testify. The federal prosecutors offer their witnesses. These are people they happen to believe because they are willing to testify to the things the prosecutors want to believe are true.

An example of that is when Kevin Weeks testified that he went with James J. Bulger, Jr.,  aka Whitey the Monster, to gun down hoodlum Brian Halloran who had been indicted for the murder of George Pappas who he allegedly shot in the head at a Chinese restaurant in Boston. Monster heard Halloran was at a joint having a beer on what is now known as the Seaport District but was then known as the Southie docks area.

Weeks was to serve as the spotter, according to his evidence. Monster, well-armed, was driving what Weeks called the tow truck – a souped-up car. Monster had as backup another guy from South Boston in the back seat who was identified by Benji Ditchman as Pat Nee who is self-described as Monster’s partner and was known to be a gunman.

Weeks and Nee were buddies. Weeks made a deal with the federal prosecutors that he would not have to identify Nee as the shooter with Monster. So they made up a lie. Weeks testified the man in the back seat was wearing a ski mask and he had no idea who he was. Witnesses who saw the people in the Monster’s car said no one was wearing a ski mask. Plain old commons sense shouts out that you do not go to gun someone down with a guy you do not know. Weeks, with prosecutor’s advice and consent, testified to the lie. Nothing happened to him.

Defense counsel also produces witnesses. A former FBI Agent Fitzpatrick testified at Monster’s trial. He engaged in a bit of hyperbole. He was indicted for perjury such as claiming to have found the gun that killed MLK. He under pressure pled guilty to the charges.

The idea in our system of criminal jurisprudence is that the witness will tell the truth to material facts. If the witness lies on the stand, he is supposed to suffer a dreadful consequence like Fitzpatrick which is being charged with perjury. A conviction of doing that can put a person in prison for a long period of time.

Here’s where the system comes a cropper. If the federal prosecutor thinks a witness lied he will go before a grand jury and indicted him as in Fitzpatrick’s case; if a defense lawyer thinks a witness lied as in Weeks’s situation he has no recourse. He is plain out of luck. Obviously, he cannot receive any help from the prosecutor because the lie was approved by the prosecutor who benefited from it.

Thus we come to the biggest con of all. We see it in federal trials where the prosecutors use witnesses who have a history of lying. Some do not even try to pretend it is otherwise. They will outright admit they are criminals and the only way they survive is to live a life of telling lies.

The con begins by the prosecutor having the witness admit he has lived a life of lies. The prosecutor then says: “If you’ve been lying all your life, why should this jury believe you are going to tell the truth now as you have sworn to do.” The gangster, usually it is a gangster getting a deal, answers: “If I don’t tell the truth I’ll be charged with perjury.”

That, of course is the biggest lie in the trial. The gangster has already told the story to the prosecutor and even if it is a lie the prosecutor believes it so that there is no way he will ever be charged with perjury. Also, to charge him would damage the prosecutor’s case which is the last thing one would do.

In other words we have a federal justice system where one side lies with impunity; the other side exaggerates his background a little and gets indicted. Makes you wonder how this is considered justice.



14 thoughts on “The Federal Prosecutor Perjury Con: The Stacked Deck

  1. I guess I’ll just ask FJD next time I see him then. If anyone would have a clue it’d be him.

    1. Jim:

      FJD would just say, as would JJ, “I’m just doing my job.” The problem for society was that they were so good at it they intimidated the prosecutors who bent over backwards trying to get rid of them so that they often gave the house away just to get rid of them. That is why Martorano got 12 years for 20 murders and made it appear like he murdered people because Whitey wanted him to do it. Wyshak was so willing to get rid of FJD that he promised Martorano he’d do easy time, which he did, and he’d give him start up money ($20,000) when he left prison. FJD would think that he was just doing his job.

  2. That’s what irks me, if he in witness protection like gravano in az? Whitey told me they flipped Martorano and Née at a “secret fed camp in Oklahoma”. You said his property in Southie sold for 1.3, any idea who the real estate agent was? His lawyers must be milking the rule 25 after securing a conviction post appeal with him following the script.

  3. ALSO what is the response by the BOP, when it comes up not in BOP custody? Jesus Mary and Joseph!!? Why are we not allowed to know where this Goblin is?? All i picture is Flemmi shacking up with Freddy, almost like the movie “What about BOB”

  4. So the guy that lies about finding the rifle that killed MLK gets indicted, while the guy who actually used a rifle and snuffed out an innocent person and another alleged street guy walks free and comfortable??

    Some SICK SHIT. Great Post Matt.

    1. Jim;

      The Bureau of Prison site reports the same thing:
      STEPHEN J FLEMMI Register Number: 20431-038 Age: 81 Race: White Sex: Male; NOT IN BOP CUSTODY Release Date: UNKNOWN

      He got a pretty good deal being sentence to prison for life and never appearing there.

  5. What was this latest fed’s role vis a vis Connolly’s situation? Wre they colleagues?

    1. P.

      Don’t quite understand your question. Feds prosecuted Connolly in Boston for racketeering. The charges against him relating to his relationship to any murder were found by a federal jury as not being proved. He was found guilty of some non-violent stuff after he had retired (lying to the FBI,telling the hoodlums an indictment is coming down, writing a letter to a federal judge that delayed a haring) and one act while on the job of giving a case of wine with a thousand dollars in it to his FBI supervisor John Morris.

      Even though he was found not responsible for the Callahan murder in Boston he was retried for that in Florida by the same federal people who pretended it was a state prosecution.

  6. hold the word shrapnel pass Fitzpatrick a Martini!

    I suppose Fitzpatrick can take solace
    in knowing he can remote view his
    other probable lives and their outcomes


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  7. You are mistaken about Connolly and Grieg. They committed no crime and should not have received any punishment.

    1. NC:

      Greig pleaded guilty to some crimes; Connolly was convicted of some non violent crimes in Boston.

  8. It isn’t justice. The federal court in Boston is a sham. How many innocents have been framed from Murphy to Turner to Swartz to O’Brien to Connolly and Rico? At the same time nine serial killers ( Winter, Nee, Weeks, two Martoranos, Salemmi, Flemmi, Limone et al) are let out. The judges are a huge part of the problem. Term limits for judges, prosecutors and all federal employees is essential. The system is broken.

    1. NC:

      It seems the Italians get all the breaks. Too many judges watched the show the Sopranos.

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