Life sometimes gets in the way of blogging, as is the case today with me. But I want to suggest what I’ve been thinking about recently. In a nut shell it boils down to the question, “What if Judge Wolf is wrong?”
The decisions of the other judges in the federal district court and in the Court of Appeals use his findings as a basis for their findings. Judge Young, who I’ll talk about more later, went out of his way to praise his fellow jurist for his courage. The other judges treat his fact findings as if they were contained in the Bible and somewhat divinely inspired.
Looking at Judge Wolf’s findings, many of them are based upon the testimony of Stevie Flemmi, probably the worst criminal to come out of Massachusetts. He began murdering people at an early age. He murdered two young women, one because she thought of leaving him and another because she was going to reveal how he preyed upon her while she was a child. He seemed to delight in murdering people and continued killing people through the ’80s. One could not think of a worse person or greater liar upon which to build a decision but that is the foundation Wolf built upon.
Think of it, Flemmi’s testimony is the basis for much of what followed such as labeling the FBI as corrupt and including the findings which gave rise to all the subsequent prosecutions and findings in the civil cases. Yet we know Flemmi lied. We know Wolf believed his lies.
I happen to have worked with and testified for Massachusetts State Trooper John Naimovich. Flemmi testified he was his source of information on the state police. Wolf found as a fact Naimovich was his source and added that he was found guilty of corruption. It turned out Naimovich was acquitted. It also turned out that Flemmi’s source was Trooper Richard Schneiderhan. In this one little incident it is clear Wolf was wrong based on Flemmi’s testimony.
There’s another one where Flemmi didn’t lie but Wolf choose not to believe him. That was because Flemmi said Jeremiah O’Sullivan, who had worked in the U.S. Attorney’s office with Wolf, was the source of the leak that undermined the state police investigation of the Lancaster Street garage. In my book, Don’t Embarrass The Family, I show beyond any reasonable doubt that O’Sullivan had to have been the source of the leak as Flemmi testified. Wolf found that he wasn’t the source.
In effect, here’s two instances that I have an insight into where Wolf is plainly wrong. It seems he was just guessing at what part of Flemmi’s testimony to believe or disbelieve. And, he wasn’t doing it well.
That’s what I ‘ve been suggesting when I mention that by having the charter members of the club of liars as Martorano, Weeks, and Flemmi give evidence to a jury there is no basis upon which the jury can tell if they are lying or telling the truth. The jury plain and simply has to guess. You can’t find something beyond a reasonable doubt based on guess work. That is why FBI Agent John Connolly was acquitted in Boston on all the charges based solely on the evidence given by the gangsters.
All of this has to be kept in mind when considering what we believe in these matters. It seems things are not what they appear to be. And if Wolf is wrong in some findings, then all those who rely on them are also wrong. Perhaps it is time we look at Wolf’s findings in another light to see how close they come to the truth. I’m sure any judge that has thought of doing this is afraid to do so because the result will be the opening of a Pandora’s Box that would undermine years of decisions.