Daily Wrap – July 22, 2013 – Daddy’s Little Girl

daddys-little-girlWyshak used the remaining part of the morning, about an hour and fifteen minutes to see how well he could bore us.  He had Benji (Flemmi) going through pictures of the guns and identifying them, he told about the transactions that he had surrounding the liquor store, and he went through reports filed by FBI Agent John Connolly in his informant files to have Benji say he gave Whitey that information and Whitey gave it to Connolly. Some of the information was in ’88 or ’89 after Frankie Salemme got out of Walpole prison and was trying to reestablish himself in the Mafia by going down to visit John Gotti. Benji said he was the only one who knew that because he was close to Frankie. Here we go again with Wyshak’s obsession with proving Whitey is an informant. This is an issue Wyshak will have spent 20 to 25% percent of the case on, falling into Carney and Brennan’s  (C&B) trap, and the jury won’t spend 1% of its time discussing it.

He then went into the Baharian issue.  Benji said Baharian is part of the Roxbury group. I mentioned early on that none of the people writing about these matters seemed to have known there was the Roxbury group. I will digress for a second because this morning another matter the so-called experts were wrong about was that Whitey became an informant and brought Benji along. You may recall that’s what Benji testified to also. But C&B have reports showing, as I maintained all along, that Benji was brought back by the FBI in May 1974 to be an informant. He was there long before Whitey came around.

During the testimony relating to Baharian where Morris tipped off a wiretap on Baharian, to show how much Benji has been prepped, he said that John Morris said to him he did not want “another Halloran.” Morris testified he said that to Connolly and not to Benji. Obviously Morris never would have said it to Benji since it would be accusing him of murdering Halloran which he’d never do to his face.

Another interesting bit of evidence came about when Wyshak was asking Benji about the December 1994 time period. He said Weeks told him that he got information from Connolly that it was best to leave because indictments were coming down. When asked where Whitey was, Benji said he was on vacation somewhere. This contradicts the whole government case against Connolly which was based upon him telling Whitey also to flee. He also contradicted the testimony of Salemme who said his wife’s called him from their house to tell him Benji was there. Benji said it was a chance meeting.

Over all Benji was shaky today but still presented himself as the lackey of Whitey who did everything Whitey asked him to do. The truth is Benji was the big gangster before Whitey came along and he was no shrinking violet when it came to their relationship. It’s just that he lucked out because Whitey was the ultimate target of Wyshak (as was Billy Bulger but what is amazing is throughout these cases Wyshak has been unable to get a scintilla of believable evidence that Billy did anything wrong despite the wonderful gifts he would have given anyone who could aid him in his quest.) So Benji could run under Wyshak’s to join the other criminals cuddling there.

Wyshak finally sat down and Brennan got up.  He started asking him about his relationship with Deborah Hussey, the two-year old girl who called him Daddy but who he says wasn’t his daughter.

“Did you ever tell her not to call you Daddy?”

No, he answered.

“As a young girl didn’t you sit her on your knee and read books to her?”

No, he replied.

“Didn’t you say that you did that on a prior occasion?”

“That was a general question my answer didn’t count back then.”

“Was it your job as her father to protect her?”

He replied, “I did protect her,” telling a story how he rescued her from someone at some time or another. “See, I did protect her. No one ever hurt her.”

Brennan replied, “Except you, Mr. Flemmi, when you strangled her.”

“Except you, Mr. Flemmi when you sexually abused her.”

“It was consensual.”

“You were her father!”

“It only happened twice and it was not intercourse.”

“You were her father, Mr. Flemmi.”

“It was a moment of weakness.”

“You were her father.”

Brennan came at him with one gun in each hand blazing away. He’d emptied his clips and was reloading as Benji writhed on the stand.

Then it was over for the day.

It won’t be an easy night for Benji Ditchman.


  1. Jan,

    Why can’t we reply to some of your posts…? How do you know for certain Flemmi is not getting out?

    • Lololololol…..MacKenzie has shown too many people already, his Missouri show me is long over-due. Missouri is a nice state, they would have put these guys behind bars long ago…..only in Massacusetts. BTW, although MacKenzie was one of Agent John Connolly’s guys, yes, I do believe he was in fact a DEA guy also, he got around. How’s former Norfolk county D.A. Tim Flaherty?

    • I don’t know for sure.

    • I think he mentioned it when I bumped into him at Otisville one day….just kidding. Howie Carr should weigh in on this.

  2. I may have posted this before, but can anyone name a criminal defense attorney who is responsible for more convicted murderers walking the streets than Fabulous Freddy? When (not if) one of team Wyshaks boys reverts to their old ways (if they haven’t already…RIP Mr. Rakes), do you think he’ll still swell with pride when he reflects on the job he’s done?

    • Declan:

      Do you think there is any other place in America that has so many multi-murderers roaming the street? Just think of all the people doing natural life for one murder or have been executed in other states for just one or two. Wyshak’s legacy, well Thomas Gray said it best: the pomp of power,
      And all that beauty, all that wealth e’er gave, Await alike th’ inevitable hour:– The paths of glory lead but to the grave.”

      • We have people who unexpectedly commit a crime vs. people who live a life of crime committing many crimes, often numerous heinous crimes in organized crime circles – the former has nothing incriminating to share on their victim(s) while the latter has much info. to share on their victim(s), many of whom have committed vicious crimes themselves, the honest authorities do their best to keep up with this circle of organized crime. The word organized does create a different arena for the authorities in dealing with these criminals. It’s a completely different circle, however, the authorities normally don’t hop in bed with people like Edward MacKenzie who has been a serial offender of little girls. Connolly is in prison because he handled Flemmi and Bulger, 2 women were killed….Flemmi has been in prison for many years and Bulger is on trial but why the authorities have taken a different course, or essentially no course at all regarding MacKenzie’s crimes against young innocent girls is a good question.

        • Jan:
          Remember MacKenzie became a member of the federals team. Once there they continue doing their best to help their team mate. I’ve been preaching it is always best to commit crimes with others and be quick on your feet so that when it seems the jig is up you can be the first to cut a deal.

          • MacKenzie was on FBI agent John Connolly’s team, he’s part of agent Connolly’s legacy and the treachery of that legacy. You had mentioned you thought MacKenzie turned his life around, however, his recent indictment certainly indicates he never has. Hopefully he is finally held accountable for his long history of violent crime.

            • Jan:
              Au contraire mon souer – I never said MacKenzie turned his life around. I always said he was a rat. That’s what he is and was and will be. He was not part of Connolly’s team but a DEA stoolie. The problem is he is being protected by our government and that is why he has the right to do whatever he wills.

          • MacKenzie was part of Connolly’s team and yes, you did state that MacKenzie had turned his life around.

  3. I can’t wait for Carney motion for a directed verdict. He won’t get it but it should be forensic review of evidence so far, with a few forks in road to throw off wyshak.
    We should then get an education on the law relating to reliability on witnesses. Some obscure case from somewhere that says when the only evidence – witness(es) credibility bias and character are far beyond reasonable standards to convict a person than the case should not go to the jury.
    I wish I could be a fly on the wall when wyshak first reads the motion.
    He’s gonna pop a blood vessel

    • Ernie:

      Wyshak is not a happy camper at this time. Too many strings beginning to unravel. There was no way Flemmi followed the script today.

      • From the coverage I’m gathering that Flemmi was too scripted, and as a result his rapid-fire, Joe Friday testimony came across as lifeless, robotic and therefore less believable. But apart from that– did Wyshak have any means of avoiding what happened at about 12:45 pm today, which was the apparent utter destruction of his star witness? Imagine being a juror and being left with that incestuous, abusive filth to think about overnight. Wyshak may as well have rolled the dice and put out the pedophile stuff on direct. ‘Cause now he looks like the prosecutorial equivalent of Cardinal Law.

        • Steely:

          Not only was Benji scripted but Wyshak was very much so. He’d ask a question that required the answer A. Benji would give him A, B and C. Then Wyshack would ask the question that required B as if it had not been given. and, he’d ask the question C if that had not been given. That went on continually.
          Wyshak could have avoided the end of the day pummelling if he dragged out his direct examination more. It would have been a better tactic to have the attack in the morning and the sting of it forgotten by the time the jurors went home. Yesterday they carried it with them. He also left Benji stewing over being dissed by Brennan.

      • I think Wyshak seems reasonable and was well prepared for Brennan’s cross-examination and knew what to expect, what else would any reasonable person expect from a man who did what Flemmi did to the little girl who called him daddy – horrible, unspeakable.

        • Jan:

          Was there ever any reason to deal with such a man? Have you wondered whether there is a side deal to let him out again?

          • Flemmi will never be released and contrary to what people have said, Flemmi’s prison location has never been publicized on the BOP inmate locator even prior to Bulger’s capture.

  4. In the case of Two Week Weeks’ testimony, though, there is corroborating forensic evidence, though whether Bulger can be tied specifically to any of it is questionable. But as to all matters resting only on the testimony, the say-so, of Weeks, Stevie et al.– how can any of it be believed? And it reads as though Brennan has destroyed Flemmi’s credibility (to the extent he had any) in a few short minutes.

    Can’t wait until Brennan underlines how Flemmi wants us to believe that yes, he lied a few feet down the hall in Wolf’s courtroom, but is telling the truth now.

    • There’s corroborating forensic evidence that Weeks knew where the bodies were buried–he helped bury them; the cops unearthed them—and the bodies were murder victims. Someone murdered them. Weeks admits being an accessory. No one’s finger prints or DNA was found, as I understand it. (2) Like many who have commented here, I want to see all the serial killers back in prison for the rest of their lives where they belong. (3)Then I’d like to see someone honestly investigate—investigate—Stephen Rakes’ murder. (4) Then do what 100 FBI agents asked A.G. Eric Holder to do in writing: Thoroughly investigate the Prosecution and Trial of John Connolly in Boston and Florida, and this time put the DOJ under the magnifying glass and microscope. (5) Fully disclose everything after trial so the people of Boston can breathe again clean air: Clean the stinking air emanating from many corridors, halls and rooms in the Moakley Courthouse. Spare no federal official from a thorough investigation. Appoint outside counsel, and hope we get an honest one: there are honest people in America. Employ Diogenes to scour the FEderal Ranks for one or two honest persons.

    • Steely:

      Good question but so far Whitey hasn’t challenged the descriptions of any of the murders or his involvement in them.

      Flemmi looks bad at this point. I’m hoping Brennan picks it up a notch.

  5. How could any juror believe one word Flemmi and the other two vile prosecution witnesses, Gucci and Weeks said. WB is way better off not testifying and being compared to those three. The three are completely incredible. Blame all the killings on Pat Nee. 2. You hit it right on the head. If WB and Flemmi are trying to trick Connolly into filing false reports then he’s not part of their gang and he never got 250G or anything from the gangsters. The entire claim that people were killed because of ” leaks” is bogus. As you pointed out and Flemmi stupidly testified that most of WB and Connolly’s conversations were Mafia related. Flemmi was a prior informant and had access to the needed info. WB didn’t. Flemmi was the lead dog irrespective of the false portrayal orchestrated by Pudd’nhead Wyshak. Everything about this case smells.

    • Why did Carney say Connolly was on the take? That part is troubling.
      Perhaps Carney will argue that none of the charges have been proved beyond a reasonable doubt.
      Whitey is not charged with bring a criminal. He is charged with specific crimes that must be proved beyond a reasonable doubt.
      If the jury is so repelled by wyshak they have something to hang hats on. There is reasonable doubt on these charges.
      Sure whitey was a criminal but a crime must be proven.
      RICO charge is likebeing generally charged as a criminal. But the elements of that have to be proven beyond a reasonable doubt
      Can anything weeks, flemmi, martorano, and morris say be believed beyond a reasonable doubt?
      Whitey testifies but refuses to answer some questions. Big deal. Wyshak can argue it to jury . The judge will yell jury to disregard all of whiteys testimony. Wyshak ask for a mistrial?
      This Maybe the one in a billion where this tactic could work

      • Ernie:

        If Connolly is not on the take then Whitey is an informant. Whitey will take the stand and tell his story. Perhaps in doing that he may admit some of his crimial activities. Lots of crimes like the drug dealings and some extortion and money laundering have been proven. Only two of the 19 RICO counts have to be proven beyond a reasonable for the count to carry.

        I’m beginning to sense a Whitey plan to screw up the proceeding during his testimony. He’s been too nice.

    • Excellent, insightful post, N.

    • N:
      1. It sure is going to be hard but there were believable witnesses who painted Whitey black.
      2. That’s what he said in the beginning they were tricking Connolly but later he tried to modify it. He also said the first learned Halloran was informing because of the word on the street.
      3. Of course Flemmi is rewriting history, that’s what criminals do.

    • Good post Neal. I agree.

      • John:

        N errs because he places the onus for going after Nee on the federals. It is a state issue. The pressure should be on the DA.

  6. Today & tomorrow Brennan represents the people. The government needs to be embarrassed enough over the trash they do business with to cause policy changes.

    I’m surprised that Wyshak didn’t try to diffuse more of Brennan’s ammo early by delicately bringing out some of Sewerman’s scumbaggery. Why didn’t he? If the contrast between direct & the moral abominations that come out on cross is too jarring the jury could reject all things Flemmi on a gut level.

    If I were a jurer I’d be looking at Wyshak thinking “you came to me with this thing & didn’t bother to tell me any of this? What else aren’t you mentioning”?

    • Matt, please change Flemmi’s nickname from Benji Ditchman to The Sewerman and refer to his testimony (lies) as the Sewerman’s Scumbaggery. The two previous commentators I agree with wholeheartedly. You don’t a JD or PhD degree in fishology to know when stuff stinks to high heaven.

      • William:
        Once a Benji Ditchman forever shall one be.

      • Matt,

        I have to agree with William and Jeff Hansen. Sewerman’s Scumbaggery.

        And why not bring in a little Shakespeare. From The Winter’s Tale. Sorry to be medieval in imagination, but how’s this for Sewerman’s punishment?

        “He…shall be flayed alive; then
        ‘nointed over with honey, set on the head of a
        wasp’s nest; then stand till he be three quarters
        and a dram dead; then recovered again with
        aqua-vitae or some other hot infusion; then, raw as
        he is, and in the hottest day prognostication
        proclaims, shall be be set against a brick-wall, the
        sun looking with a southward eye upon him, where he
        is to behold him with flies blown to death.”

        I’d say this would violate the Constitutional right against cruel and unusual punishment, but somehow I imagine that it would not have been above Flemmi to subject one of his victims to such punishment.

        • Jon:

          He’ll always be Benji Ditchman to me. The Sewerman name keeps his hidden. Benji ditches were always open for all to see.

          I’d say you are getting close to they type of punishmen all those who have committed 3 or more murders shoud face but it seems to me you bring their end about a little too early. You have to revive them, let them heal a little, and then put them back through another imaginative punishments – your affiliation with insects is good but we need some rodents also.

          By the time the court gets to decide the issue they should be well rendered harmless and the question will be moot so it can go on forever.

    • Jeff:

      Seems strange we have to turn to Whitey’s lawyer to get at the truth of our government actions. I agree with you about Wyshak holding back. You make a good point about what the jurors will be thinking.

  7. Matt:
    Thanks for all you do. Your professional (and Irish)background and and the local flavor added within the comments provides for some interesting insights.

    I’m hoping Whitey takes the stand and is so forthright about his misdeeds that he comes across as highly credible to the jury. In my dream, he impeaches the testimony of all the other scum and he does it so well that their sweetheart deals are revoked for lying on the stand. Or maybe they are just tried for perjury and sent back where they belong.

    I have no knowledge but from all my reading there seems to be a lot of smoke around John Connolly. That said, it seems unjust that JC swelters in a Florida pen while Flemmi relaxes at Club Fed. Therefore, I hope whitey testifies he simply made up the story about JC fingering Callahan for a hit. Seems like he could say he made up the story to convince Murderman to kill his buddy.

    Bulger is going away for the few years he has left. Helping put the scum where they belong would be a stand-up thing to do. It’s the only way to wring something positive out of his miserable life. A plus for him would be a “vacation” to sunny florida to testify at Connolly’s retrial.

    Oh yeah, as if its not totally obvious, I received my law degree from the University of Law and Order–attended religiously in the days when I had time for three back-to-back episodes every night.

    • Steve:

      Thanks for reading and your nice comments.

      I’m betting the house on him taking the stand judging from how the case is going into evidence. Nothing will happen to the government witnesses no matter what he says because they government is protecting them.

      The whole idea of Connolly telling the gangsters what they already knew made no sense. Martorano knew as soon as he heard there was some heat coming down on the Wheeler and Halloran murders that Callahan had to go. Callahan could only have implicated Martorano. Bulger can’t save Connolly because those in power will not let him. Both Connolly and Bulger will die in prison.

      Thanks for writing.

  8. I disagree Matt, flemmi will sleep like a baby tonight.
    He doesnt care.

    • Ernie:

      You’re right he doesn’t care one about the crimes he committed or his victims. He does care about doing everything right not to screw up his deal to get out early. He went to the extent of apologizing to Judge Wolf for having committed perjury in front of his 15 years ago.

      He does care that Brennan put it on him like that. He’s not used to being trash talked. He’ll be awake all night thinking he lost face.

      • Matt, Ernie, et al, Think about this: Maybe Flemmi was lying when he told Judge Wolfe hat he was lying the first time he appeared before him for about 40 hours of testimony. Did he say what he was lying about the first time? Did he say what specific lies he was apologizing for? Did Wyshak wring the apology out of him to make Wolfe and other federal judges feel less guilty and more easy about the sleazy lenient deals they gave to eight or nine serial killers, who they let off the hook? Maybe everyone is lying in that Federal Courthouse to we the people!

        • William:

          Birds fly, Flemmi lies.

          He apologized so that he can get out of prison shortly after this trial is over.

      • I was watching (I believe) a Lock Up episode about a guy on death row who had his sentence commuted to 40 years, and it showed the brother (a cop) of the murderer’s victim making a statement at an official court session in which the decision to spare the murderer the death penalty was made, and where family of the victim had a chance to speak in front of the judge. The cop said he was glad of the decision because it meant the convicted murderer who killed his brother would not die in one fell swoop, but rather would die a little bit each day for many years, waking up every day in prison without hope or freedom, until he reached his death (the murderer was old enough so that 40 years was effectively a life sentence). It was powerful testimony and it comes to mind in light of Benji’s testimony. If there can be a penalty that even begins to be commensurate with the suffering this guys caused other people, it is that he awakens every day to die a little each day, to live with the shame of having been trash talked by Brennan. I’m generally not high on schadenfreude, but in this case, I’m all about it. Whatever can be done to shame and ridicule this low life evil gangster, let it be done. And let him live many days to be haunted by the shame and ridicule.

        Unless, of course, there’s some deal in the works to give him parole or early release.

        • I don’t see Flemmi ever being released from prison.

          • Jan:

            Not today or tomorrow, but probably within the year. Maybe it will be an 80th birthday present.

        • Jon,

          Flemmi will be released sometime following this trial. Wyshak entered a side letter agreement in Flemmi’s FL case that virtually proves it. The letter agreement is between Flemmi and the Miami DAs Office. The terms call for Flemmi’s plea to 1st Degree murder to be automatically revoked if the Wyshak files a Rule 35 sentence reduction in Fed Ct. Therefore, Flemmi’s life sentence in Florida is illusory and a fraud. I assume the Tulsa plea has the same type of agreement, or Wyshak wouldn’t have bothered in FL. The only evidence of the FL agreement is on the plea transcript and in the miami DA’s files. I doubt Wyshak informed Mary Jane Callahan about this.
          Add to this the fact that Wyshak gave Flemmi back several million dollars in assets and that satisfies my mins that Flemmi will soon be on the street, a wealthy free man.

          • Patty:

            Everything in my bones tells me he’ll be out by the end of the year – or immeiately after the appeal is turned down. I don’t think they need the assent of the other states but they may have gotten it as you suggest. Tommy Sperraza doing a natural life in Massachusetts for murdering two girls was swooped up into the federals arms and he was released back to the street.

          • Flemmi being released? Ugh.

        • Jon:

          The guy you wrote about probably committed on murder – no deals for him, he’ll wake every day knowing all he’ll see until he shuts his eyes forever is the inside of a prison.

          What about in our case. So many people who have murdered three, five or more people are waking in their comfortable beds at home knowing they are protected by the federals. How do the victim’s families feel knowing how little value the federals placed upon their kin.

          What makes it all so grotesque is the writing is on the wall that Benji may be in line to get released in the dark of the night.

  9. What a scumbag ! I also can’t believe the lies that keep coming like a waterfall ! I would love to know what the jury is going to discuss when it’s time to make a decision considering all the lied being told. I mean come on, the way Benji is reciting back the rehearsed answers has to be obvious to the jury and the others that have testified must have been somewhat transparent to them as well. I think Whitey is screwed no matter what but the stories being told by these guys taking the stand is just too much. I am very, very curious to see what will transpire when the ring leader of this whole circus of a trial takes the stand ? I think a lot of people are curious to see what Captain Halitosis will say when he is cross examined and how many lies he will tell. It’s tough to call as he may say f*#k it and just tell all, or he may just try to save face for the ” hall of fame ” and tell it the way he wants to. The getting up and walking off the stand you wrote about would be what I would think he would do after he was done saying what he wants to get out there which is why I think he just may take the stand for that reason alone, tell us what he wants and clam up when it’s time for the cross. By the way, I thoroughly enjoyed the dream story, that was a good one as I pictured it in my head as I was reading. It really seems like it could of happened to you.

    • Craig:

      Not so sure that was a dream it could’ve really happened. Not many good things left in the trial. Brennan’s Benji and Mr. Whit with his farewlle address – when General McArthur got canned by Truman he spoke before Congress and uttered the lines “old soldiers never die they just fade away.” That’d be a good line for Whitey, “old gangsters never die they just fade away.” Since Whitey fashions himself another McArthur he’ll say to himself that McArthur was never cross examined after his speech so why should he be.