Judges can often be highly willful and evil twisting laws and upending laws rather than following them in order to reach a result. It is difficult not to feel that way reading the decision upholding Connolly’s conviction. It is clear that the judges had no intent on interpreting the law and applying it fairly but held an animus toward Connolly. The decision is so wrong and against the clear intent of the statute that it is hard to believe that there was not some malicious other reason causing it. How does one not imagine the evil hand of the Department of Justice coming into play? Did the ever vengeful DOJ aided by the present misguided and cowardly leaders in the FBI work their sorcerous tricks to bring about this great miscarriage of justice?
I’ve shown in part 1 how the decision makes no sense and turns the law on its head. You may think my thought process is biased in favor of Connolly. But I remind you, I have never been a fan of his. I only believe he should never have been tried and convicted in Florida. My initial animus toward him ebbed as I recognized he only did what the FBI expected him to do. He was put in the position of handling Top Echelon informants. He handled over ten. Whitey Bulger and Stevie Flemmi were two of them. The FBI told him that his job was to protect them so that they could stay on the street and provide the FBI with information. That is what he did.
This makes me think of what W. Mark Felt a 32 year veteran of the FBI who ran the FBI under L. Patrick Gray after J. Edgar Hoover died in May 1972 wrote. In the context of the liberal wave that swept the country after Hoover’s death when the FBI became a punching bag for much of the media he noted: “Career men in the FBI saw that neither Director Kelly. The Attorney General, nor the President came to their defense. They were hampered in the performance of their duty by an Administration policy to prosecute agents for actions taken in good faith under rules which were changed without notice.” John Connolly found the rules had changed on him and what he did in good faith was no longer to be allowed, at least as far as the public was concerned.
If I am unable to convince you I am not biased toward Connolly, perhaps if you read what the dissenting judges in the Connolly Appeal had to say you will understand how far out of line that decision is when it comes to the law.
“There is no case law in the entire jurisprudence of this state [Florida] , or the entire country so far as we can discern to support today’s interpretation and application of” the statute in question, Those aren’t my words but those of a dissenting judge Chief Justice Suarez. He went on to note that appellate counsel for the State agreed to that. He further stated: “the majority decision has established an entirely new standard for the . . . Florida Statutes, governing the reclassification of certain crimes, not only in direct conflict with Florida Supreme Court precedent interpreting that statute, but also precedent out of every Florida district court of appeal including our own.”
When a court runs straight up against precedent and goes off and make a decision that finds no support in the laws of its state or even the country you know that something is amiss. You might as well throw the law books out the window since the courts are going to do whatever they please regardless of tradition and precedent. That will bring us to anarchy since there will be no rules to guide our conduct.
Here it is easy to see why the court wrote as it did. The judges in the majority decided that John Connolly was a bad FBI agent who had been involved in planning murders with the gangsters. They were going to do everything in their power to ensure that his sentence be a death sentence.
I know he got 40 years and he’s eligible for parole in ten or twelve years but realistically do you think he’ll get paroled when the attitude of those on the parole board who will make that decision will be the same as the judges on the appeals court? How likely will the parole board decide the matter fairly when we know how the FBI with its preference for back dooring people with its whisperings, noddings and winkings, will descend on it in hoards defaming Connolly to protect the Bureau?
Connolly who is will turn 75 tomorrow, happy birthday John, has only one hope now to see the outside of the prison walls. It is the Florida Supreme Court. I assume his lawyers will appeal this death sentence. It is unlikely that court will agree to hear his case. If the court reads what the majority of the Appeals court said about Connolly, most of it untrue, he is not someone it will want to help.
Keep in mind what I said earlier this week about Whitey Bulger’s appeal. If Hank Brennan made the same argument on behalf of a more sympathetic client he might have had a chance. But seeing that it was Whitey he had none. Here too, Connolly is painted so black that he has little to no chance of having his case heard again even though the decision turns the law on its head.
Assuming the great unlikelihood of the Supreme Court accepting his appeal that process may take another couple of years before anything will be settled. If the Appeals decision is allowed to stand it will be one that no court will ever follow because of its transparent wrongness. But it will remain as having served its purpose of keeping Connolly in prison until he dies.
I wonder, did the judges wear black caps writing the decision?