I got a little off topic because of the Annie Dookhan matter which I expect will happen on occasion. The results of Dookhan’s alleged actions are dire. I’ve been able to see that the DAs are aware of this. It looked like the higher-ups in the Commonwealth were giving it the head in the sand approach but now they seem to have paid attention. I’m at a loss as to the SJC’s seeming indifference to this possible calamity in the criminal justice system.
I’m bothered by the washing of hands by everyone who should have some responsibility for insuring the drug laboratory operated properly. Does this mean everything is going to be dumped on Annie’s lap? We’ve seen it before with Connolly and Abu Ghraib. Strictly speaking Dookhan’s matter is not related to Whitey but in as much as it relates to the justice system and is of public interest I’ll try to stay on top of it.
Last Thursday in the Herald it was reported that there was a conference on the Probation RICO case. AUSA Wyshak is prosecuting that case. A schedule of future events was discussed. Wyshak said he was scheduled to start Whitey’s case in March 2013 and he predicted a three-month trial. (Others have said two months, I’m predicting at least five.) The judge was told by defense counsel that they’d be ready in the Probation case at some time in the fall of 2013. It will be interested in seeing how the two cases are jockeyed into position. At this point I don’t see Whitey’s case starting in March.
Also mentioned at that hearing was the case against the former State Treasurer Timothy Cahill. One of the lawyers in that case is also involved in the Probation matter which is affecting the scheduling. I’ve made my feelings known on the Probation case which I suggest is an extreme overkill. I have the same feelings about the case against Cahill. I will digress at times to talk about them.
Thinking about these side events, I had to consider what I intend to concentrate on in this blog. There are several issues I am interested in addressing which are part of the Whitey Bulger era and the things that spun out of that.
There’s the Naimovich case — I want to show how the FBI’s desire to cover for Whitey produced a victim. I want to show how the FBI co-opted the state police and used spite and jealousy to undermine a 23 year veteran. I received a comment by a person who vacationed with Naimovich named Henderson. Read that to get a different insight into the man so many went against. I will show the federal investigation from the time of the affidavits to the trial where he was acquitted to show the transparent falsehood of its prosecution and the witting participants in it.
There’s Whitey himself — I’m interested in doing an examination of him from a psychological point of view (is there a reason he is like he is or is it he is simply bad to the bone). More importantly I want to better understand the immunity issue. Is it possible, as his attorney has suggested that Whitey had immunity? We should understand that better.
There’s John Connolly — I have no problem with his conviction in Boston but a great deal with the one in Florida. But with respect to both of them, I want to examine the history of the Top Echelon Program and other actions with respect to the FBI’s lengthy involvement in criminal activities. I’d like to figure out why the Justice Department did not step in to prevent the state from prosecuting him for his actions as a federal agent. But most important, I want to find out whether he was operating under the protection of the U.S. executive. One of my earliest posts suggests the executive has the right to murder people if it chooses in doing its duty. We’ve seen it in the War on Terror and the War on Drugs. In Afghanistan we drew up a list of 50 high level heroin dealers and planned to kill them until the Afghani government objected.
There’s the FBI — it’s willingness to abandon Connolly is understandable. What I want to talk about is its culture that makes that understandable.
And Billy Bulger — I want to analyze all the so-called corrupt acts he’s alleged to have committed. I will set them out so people can make up their own minds.
And the gangsters — I want to put more flesh and bone on their victims, make them more than names. I want to try to see how their families were affected by these killings.
Then there is the trial — I want to stay on top of the actions of counsel as we approach it. There are two skilled counsel; Fred Wyshak for the government; J.W. Carney for the defense. Both have excellent lawyers behind them. It has to be a bare knuckle, drag down, kick-in-the head type trial with no holding back. I’ve noted I don’t see those guys going out for beers after this is over but then again, guys that good and that experienced sometimes can keep the fight in the courtroom.
I appreciate the comments I’ve received to the blog. You give me a chance to reexamine my positions, and offer me good insights and bring up other events that seem troubling. As you can see I have a lot to cover so if I don’t get to highlight your issues it’s not because I think them unimportant it’s just I’m trying to limit myself but please feel free to comment and chastise me where you feel necessary. I’ll try to answer every comment — some answers will be long, others short.
The Quincy Patriot Ledger posts some of my blogs. I have people commenting there. Some are good and thoughtful (one comment correctly took me to task for misstating the law giving the DAs jurisdictions over murder and lucidly spelled out reasons why he believed DAs should not be in charge of homicides); others are by people who write one or two line insults which unfortunately add nothing to our knowledge. I am not able to answer people who comment on the Patriot Ledger. If they want to comment and add something to the discussion I suggest they comment on my blog.
When I started out I said I wanted to discuss these matters so we’d all have a better understanding of them. I know I’ll change few minds but I simply ask you to consider my points. I hope we can continue to do this in an amicable manner even though we differ greatly. Let’s leave our fights in the comment section but outside when we meet have a beer.