The Usual Turns Into Something A Little More Exciting: Carney Erupts!

IRA POSTERI’m off in the press overflow room. It gives me a better view of the proceedings than I would get if I was sitting up the back of the courtroom. Today the day ended about 12:15. Tomorrow morning at 8:45 the lawyers will get together with the judge to go over a few preliminaries and about 9:00 Judge Denise Casper will give the sitting 18 jurors some preliminary instructions reminding them that the opening statements by counsel are not evidence, that Whitey is presumed innocent, that they are not to talk about the case until it is given to them for deliberation and the like.

Then the prosecution will make its opening; the defense may or may not make the opening. The openings are often called roadmaps. It is to give the jury an overview of the case so that as the evidence comes in it can relate it to the bigger picture. It is usually a less dramatic and matter of fact presentation than one will hear at the closing of the case when the attorneys sum up the evidence and give their spin on it. However I’m not sure anything in this case will follow the usual way things happen so take much of what I say will happen with a grain of salt.

Today the day started with a discussion over the jurors. The long and short of it was that the prosecutors and defense counsel having had plenty of time since Monday to look at the jurors and having eliminated those they had a reason to eliminate were left with 18 they could agree upon. They were quickly sworn it at 11:05 this morning. I can’t tell you the composition of it which may be available to you other places but when I have a chance to get into the actual court room I will give you my overview of it and tell you what I think.

Jury selection is pretty boring business except to the person who is on trial and the lawyers. As I’ve indicated before it is pretty much a guessing game and both side with experienced lawyers are fully capable of guessing as well as anyone else. I didn’t expect much to come out it for blogging purposes. There was the usual case of a person saying they had never been arrested before and a search of the records showed she had been convicted of four separate felonies. Another time a juror explained the charge on his record of open and gross lewdness. His story was that he got up in the middle of the night and was very tired and as he staggered through the dark in search of a bathroom he walked out of his apartment into a public area “buck naked” and a large commotion resulted.

In other words the jury represents a cross-section of America. The prosecution looking for goody two shoes. The defense for those who see the law as an inconvenience. So as you can see we have GK Chesterton’s every man going to sit in judgment. As GK said, when civil society has to do really important things it trusts them to the ordinary Joes and Sues.

The news of the day involved the clash over the Martorano being back in business matter. It was the first time J.W. Carney turned up the volume of his voice. The issue is that a state trooper back in October 2, 2012 sent an anonymous letter to an AUSA alleging that Steve Johnson a lieutenant in the state police who is Martorano’s handler has been impeding investigations into Martorano’s criminal activities. Two days after receiving it the prosecution team turned it over to Judge Stearns. An investigation ensued and in December 2012 a determination was made that the allegation was false and not factual. Judge Stearns then issued a protective order keeping it secret. The prosecution sat on its knowledge of the allegation until May 14 when it informed defense counsel.  The prosecution justifies this by saying the Rules do not require that it be turned over until 21 days before trial; but I don’t buy that in a case like this where there has been ongoing extensive discovery and battles over discovery for over a year. So the question is why the delay? Is the prosecution trying to hide something?

Wyshak says the troopers allegation has been investigated and it was found that there is nothing to it. Carney says we don’t even know what was investigated so we’re being asked to accept that conclusion without knowing what was alleged. Carney noted if a person got out of Bridgewater after many years and made the allegation he’d believe there was nothing to it; but here is a trooper of unblemished reputation, supported by his union which backed the trooper and called Wyshak’s statements about the trooper were wrong, who spent 15 years investigating organized crime activities making the allegations. He said he can’t even learn what they are.

Judge Casper was reciting why she tended to lean to not disclosing what the allegations were because the report of the trooper was untrue. Carney propelled himself out of his seat and angrily responded: “How do you know the allegation is not true?” He went on to say it was in the interest of the prosecution to make it not true so the trooper who made it was “crushed like a bug” and the prosecution doesn’t want the truth to come out. He went on to say if it was so false why is the prosecution hiding it. He called it a cover-up by the prosecution.  He said “why not let us see the documents”and went on to say this is what the prosecution has been hiding for 25 years and to cover up they say this trooper with a distinguished record has gone off the deep end.

Wyshak weighed in at the end. He said Carney had impugned the integrity of the prosecutors. He said Carney does not want to follow 200 years of rules and regulations and conjures up theories and then wants the prosecutor to knock them down. He called what Carney was doing “inappropriate and dishonorable.” He says he has been routinely leaving the courthouse and addressing the reporters outside complaining about the government’s actions which he said was inappropriate.

Wyshak then said “I hope this conduct [by Carney] does not continue.” I’m told Carney responded, “It will.”  I didn’t hear it because Judge Casper had stepped in to separate the combatants. After a sidebar she said now that everyone has “taken a deep breath” we’ll get together tomorrow.




  1. If you dissented in the Soviet Union you had sluggish Schizophrenia and were off to Siberia. If you get off the reservation in Boston you are making unsubstantiated claims and are to be dismissed as unstable. 2. Noticed no one in the press asked retiring Boston SAC for the name of the agent in Orlando or the name of agent who did the Tsarnaev investigation. 3. Wyshak calling Carney dishonorable after what he’s done to Connolly, Gianelli, Mrs. Tierney and the Probation Officers seems absurd. Look in the mirror. 4. Wyshak has been on a wild goose chase for twenty years. He fell for the nonsense Professor Torture invented and the Mafia disinformation campaign that the Bulgers were running the rackets. That explains his relentlessness in this case and his sweetheart deals to the seven serial killers. That is why in his small mind the heads of the NE Mafia ( Salemmi and Limone) are little fish and WB is the kingpin. A completely confused zealot. 5. Is it malevolent to prosecute WB for his crimes? No. But what was done to Grieg, Gianelli, Connolly and Rico coupled with the pervasive accommodation of the Mafia and their hit men in this matter was.

    • here here

    • N.
      1. It does sort of remind you of the old Soviet Union/new Russia treatment of dissent. Toe the line that is established or suffer the consequences. HOw do people investigate themselves?

      2. Over three weeks have passed and the FBI is still investigating what happened when an FBI guy or gal who is unidentified (have you ever in your life heard of a person being killed by an unidentified lawman) killed an unarmed guy about to confess to three murders in a room full of cops. I guess it sounds like they were playing Russian Roulette with that guy (its been so long his name has fallen out of my mind) ala that movie Deer Hunter.

      3. Wyshak is caught up in the emotions of the trial. Everyone who opposes his version of events is dishonorable. I can imagine the adjectives he’d attach to you.

      4. True, Wyshak started off with the wrong idea and got duped by the Mafia – Judge Wolf leading him along – he made bad deals and is stuck with bad guys who care nothing for him – its been a big lesson for him – but Whitey deserves to be where he is – on trial and heading for prison.

      5. I agree that there is a lot to wonder about in examining the chase for Whitey. I don’t proscribe any malevolence to Wyshak. Just believe he is lost in a way in some of his actions. Gianelli was a criminal; Connolly and Rico were Mafiacided (defined as being paid back hardly for going after the mob) and Grieg’s case was a mockery of justice.

  2. What do you think of them Bruins? Off-topic, but timely and relevant. GO B’S….BOSTON STRONG…..But seriously, Matt….just thinking of how much light you have shed, and informative comments you have inspired in the last couple of years on our multi-layered, decades-spanning, stranger-than-fiction saga. Thanks for helping to examine this objectively and making a public record of it. I’m sure I speak for many, when I say that your efforts are very, very much appreciated.

    • well put

    • Rather:
      Thanks for the thanks. It’s good to have a chance to get a different perspective out and nice to have people like you willing to read them and contribute back to this blog. Without you guys it would be a lot less enjoyable.

  3. What do you think of the ‘unlawyerly” jab at Mr. Carney?

    • Hopalong:

      It’s expected. Emotions run high. The pit is a battlefield. Lawyers aren’t saints (that’s an understatement)

  4. Hi Matt,

    This is off-topic, but what do you think of Richard DesLauriers resigning and taking some kind of security job? Any chance it’s related to the Todashev shooting and subsequent series of embarrassing non-explanations?

    • Boston:
      Of course it is. I think the internal review must have shown that he messed up at every step including when the information first came in from Russia up through the picture show that set off the first test of Americans willingness to Shelter In. (Where did they ever come up with that term?) I’m still waiting to find out what happened? Think we ever will?

      • Hi Matt,

        Thanks for validating my feeling about this. No one in the media seems to be talking about it at all. I guess the only way we’ll find out what really happened to Todashev is if the ACLU lawsuit produces something.

  5. The Trooper in question has been an outstanding investigator in the Special Services Section of the MSP that investigates organized crime and was one of the investigators who uncovered the Rosetti/FBI connection.

    He has done extensive, commendable and more importantly honest investigations. He saw the games being played behind the scenes and “tried” to handle the matter internally with the MSP. His reward for integrity was to be tossed out of his unit.

    He then tried to notify the Feds in the mistaken belief they were on the level. Now because he’s broken the thin blue line by telling the truth he’s branded as unstable, disgruntled etc.

    The Trooper in question did not come forward on such a serious allegation lightly but to do what was right, which in theory is law enforcement and prosecutors jobs.

    He will now feel the wrath of the “go along to get along crowd”.

    His career is over and he better hope he doesn’t end up like other honest cops who broke ranks from the status qou by upholding their oath and have paid the price of vindictive prosecutions like Tpr Naimovich and others not yet known to the public, sent off to America’s version of the Gulag for our political prisoners or some who were harrassed, ostracized and hounded into taking their own lives.

    Wyshak et al are the real criminals here and every cop, fed and prosecutors already know the truth about law enforcement Boston style. There all just hoping to get to their pensions before the truth comes out.

    • Notoboyo:

      I’d like to quote some of the things you said in a post. Is that all right with you?