Before Steven Flemmi (Benji Ditchman) began to cooperate Kevin Fortnight Weeks turned state’s evidence. A fortnight, or two weeks, is how long it took him to be in prison before he rolled over and begged for mercy prostrating himself before the prosecutors willing to do anything to get back out on the street. He had the grail they sought – the location of the bodies that had been buried.
He could dictate the terms of the deal. One was that he would not have to name his friend Pat Nee as being involved in any of the criminal activities. He testified, leaving him out of most murders and hiding the role Flemmi said he played in the murders of Halloran and Donohue, hiding Nee behind a mask. The idea he went with two others and murdered two people and did not know one of the persons he was with is incredible on its face. There is no word to explain how utterly absurd is his testimony that he never learned or asked who it was. That a prosecutor would play along with this game is sad.
But the prosecutors did, allowing him to tell the mask story at the trial of John Connolly in Boston. He was on the record and he couldn’t change that evidence.
Then Flemmi decided to cooperate. He tells us the man in the back seat is Pat Nee. He also puts Pat Nee at other murders, that of Arthur Bucky Barrett, John McIntyre, and Debby Davis which Weeks left out even though he too was there. He told us how later in the evening when he gathered at Ma Flemmi’s house to go over the Halloran and Donohue murders with Whitey, those two sat in the kitchen while Weeks watched television in another room. Weeks was allegedly upset at the murders, but not enough that he didn’t go back to the scene to retrieve a hub cap and to take the weapons and dump them in the ocean. This is to go along with the rue he never heard when Whitey discussed the shooting with Flemmi the name of the other person in the car, nor was he curious enough to ask, and Whitey only talked about it once.
But Flemmi went on to say the next day Whitey, Pat Nee, Weeks and he met at the beach and again discussed the dual murders. Pat Nee told them that his gun had jammed. This clearly shows the prosecutor was in possession of information that one of two of his witnesses were lying about a critical event invoving two murders.
Either Flemmi is lying when he said Weeks was there when Nee said his gun jammed; or Weeks is lying when he said he never knew who was the second person in the car with Whitey. It seems to me very troubling that such evidence from the government would be presented to a jury. This is not a situation where one person is mistaken, it is a situation where one person is committing perjury. The prosecutor must decide who is telling the truth. Here it was not done.
Again the circumstance where Weeks is keeping Nee away from the scene of a murder and Flemmi is putting him at the scene. One man is not telling the truth.
Which brings me to another issue. Why is it that Pat Nee who has been involved in at least five murders never been charged? He hasn’t been required to testify for the government in any case. Wyshak will escape from any responsibility by saying murder is not a federal crime and the RICO statute of limitations is five years. But can’t he say there’s a continuing conspiracy to hide Weeks’s involvement in the crime like he did to charge Connolly.
But aside from that, speaking of Connolly,we know he was acquitted in federal court in Boston of having anything to do with the Callahan murder. Later he was tried in Florida for the same thing. This is done because we have the concept of two sovereigns in the United States: the federal government and the state. All right give Wyshak a pass and say he can’t indict Nee because of the statute of limitations, then what about the other sovereign, Massachusetts. Why isn’t Nee being charged by the state for the murders that have no statute of limitations.
There’s also the situation of Wyshak trying to block Brennan from showing that Flemmi was aided by the FBI in his return from Canada in order to show he lied when he said he did not have any relation with the FBI at the time. Here’s another situation where the prosecutor must have known his witness was not leveling with the jurors. Isn’t there an obligation on a prosecutor not to let that happen, especially if the witness is a paid witness who has been offered great benefits for his testimony.
Then there’s the absurd episode of Flemmi calling Agent Paul Rico who is in charge of the security of World Jai Alai whose owner has been murdered by Martorano, allegedly with Rico’s help, and the matter is under active investigation. Flemmi, who he hasn’t spoken to him in ten years out of the blue calls to set up a meeting with Rico, him and Murderman Martorano who is a fugitive from justice. They meet at Rico’s headquarters rather than some far off obscure place. It utterly fails the test of truth.
Finally there’s Wyshak’s continually going back to the informant issue in a desperate attempt to prove an issue that is not in the case which is whether Whitey was an informant. Couple that with his desire to taint the name of Paul Rico as well as John Connolly in every possible manner. None of those people are on trial. I can see the relevency of Connolly, but Whitey never met Rico nor had anything to do with him. Wyshak’s obsession with him just doesn’t sit well.
Lot’s of things trouble me about this case which have nothing to do with the guilt of Whitey of which I’m convinced. It is everything else besides that issue that should not be in the case but is thrown up at us that makes things seem somewhat awry.