I’ve suggested that the prosecution of John Connolly for the same crime in the federal government where he was acquitted and then again in the state of Florida where he was convicted was double jeopardy which is forbidden by our Constitution. There is an exception to the idea a person cannot be put in jeopardy twice for one act. It is when two sovereigns are involved, here we engage in the fiction that the United States and Florida are independent of each other.
It is argued although Connolly was acquitted in a U.S. court, he can still be tried in a Florida court. That may be so in some cases but in Connolly’s case the truth is that there was only one sovereign involved. The same group of prosecutors were involved in both cases; and, that Florida because of the enormous amounts of federal money received by that state for law enforcement is really too highly interconnected with the federal government so that under circumstances like this case it cannot be considered a separate sovereign.
Exhibit one is the Todashev case. We see in Ibrahim Todashev’s case the Florida authorities are the handmaiden of the FBI. They refuse to even investigate a killing over which they have jurisdiction until the FBI tells them they can do it. (They quickly got permission in Connolly’s case.) They refuse to release an autopsy report of the decedent until the FBI gives them an OK. These actions clearly diminishes any idea of it being a separate sovereign.
John Connolly’s case is replete with error aside from those that do not come within the purview of the Florida courts. I’ll briefly mention two that sit squarely in the federals lap. First, as just mentioned, the same prosecution team that tried Connolly in federal court in Boston and lost on the issue of leaking information about Callahan to Whitey and his friends tried the same issue again in Florida. Strangely, as far as I can tell, this issue was never raised by is Florida attorneys.
Also both the federal district and appeals court in Boston have held the FBI liable for Connolly’s actions because they believed he was acting in accordance with the mandates of his job. If that is the case, the federal government should have stopped the Florida prosecution pursuant to the Supremacy Clause of the United States Constitution which protects a person acting for the federal government from a state prosecution. We know why the federals didn’t try to stop the Florida prosecution. It is because they were doing it. It would be inane to try to stop itself from doing what it wanted to do. This position deprived Connolly of substantial Constitutional rights but when you are POOF that is what happens. Those who swear to defend the Constitution look the other way.
Connolly was betrayed by his job, the FBI, which sought to hide all the evil inherent in its program of using top echelon informants. By suggesting Connolly went off the ranch and became a rogue agent the evil of that program can be hidden. The Department of Justice and the State of Florida, both entities controlled by the FBI, went along with this Potemkin-type prosecution.
This makes me shiver when I think of how arbitrary the law has been applied to Connolly. Keep in mind, he never murdered anyone. At best the government can suggest is that he told people something they already knew and those people murdered Callahan. The government alleges Connolly wanted Callahan murdered because Callahan could compromise him. This is an allegation without any substance. There is nothing Callahan knew about Connolly that could have brought about that result.
But the most gross aspect of Connolly’s continuing imprisonment is the total injustice involved. After spending 23 years as an FBI agent who accrued much praise for his work, he will spend the rest of his life in prison. Those in this same group of people who spent all of their lives in crime and who were convicted of murdering people or who evidence shows were involved in murders are walking the streets all having done less time in prison than Connolly.
I suggest a little sunlight should also be cast on the federals. But as we know quite well the Black Hole FBI sucks in any and all light. It is impervious to any light ever coming forth. We only know what it wants us to know, nothing close to the truth.
I finally figured out why Brandeis’s words were not heeded by the FBI. He is listed in the FBI’s secret files as a Communist. J.Edgar Hoover spent his lifetime looking for Communists and destroying them. Hoover must have figured that when Brandeis mentioned sunlight as a disinfectant that was some type of Communist plot. Hoover decided that the FBI would never let sunlight in less the Communists get a foot in the door.
Dear Matt,
I’ve found an interesting section from Judge Mark Wolf’s landmark 671-page opinion in U.S. v. Salemme. In this case, he makes a factual finding that FBI Agent John Connolly leaked information to reporter Shelley Murphy, who was then working at THE BOSTON HERALD. Wolf concludes that Murphy’s article “…may have had the foreseeable effect, if not purpose, of provoking the attempt to murder Salemme.” That information was news to me.
Do you disagree with Wolf’s finding that Connolly leaked information to Murphy, and do you believe that Murphy’s reporting played any role in the attempt on Salemme’s life, as well as the murder of William Grasso?
Curiously,
Jay
==============================================================
JUDGE MARK WOLF’S FULL DECISION:
http://www.ipsn.org/court_cases/United_States_v_Salemme_Decision.htm
EXCERPT BELOW, FROM FOOTNOTE 2
“Connolly improperly provided to Shelley Murphy of The Boston Herald information on the imminent indictments and of Patriarca’s “blessing” of Salemme’s move to seize power in Boston. On June 13, 1989, The Boston Herald published an article by Murphy headlined, “Ex-con seen as Hub Mob’s heir apparent,” which consisted mainly of information that closely tracks the reports Connolly prepared concerning the information that he had received from Flemmi and Mercurio. Three days later, on June 16, 1989, Salemme was shot and Patriarca Family Underboss William Grasso was murdered. § II.29.
In view of the potential for imminent violence that Flemmi and Mercurio had described, it appears that the leak to The Boston Herald may have had the foreseeable effect, if not purpose, of provoking the attempt to murder Salemme. If Salemme had been murdered by the Russo faction of the Patriarca Family, the FBI would have been spared the necessity of developing a prosecutable case against him. In addition, Flemmi and Bulger would again have received one of the benefits of their bargain with the Bureau — an enhanced opportunity to profit from the vacuum created by the decimation of the LCN in Boston. Id.”
Dear Matt,
Just checking in if you have any opinion about the impact of Shelley Murphy’s article referenced in Judge Wolf’s decision. In addition, there is a comment on the post here involving “John Kivlan” which I referenced recently; that link is here: https://mattofboston.com/cold-cases-and-hot-questions-44465/#comments/
Kindly,
Jay
Jay:
They slipped by me. I went back and retrieved them and answered as well as I could.
Dear Matt,
Thanks a lot! I replied to the Kivlan comment with follow up inquiries.
Sincerely,
Jay
Jay:
Wolf was not a fan of Connolly. He had no evidence to connect the leak, if that is what it was rather than the normal way of doing business for the FBI and DOJ (leak to Murphy of Bulger’s grand jury testimony).
Wolf thought all that happened in these matters was brought out in the courtroom. He had no idea that long before Murphy wrote her article what she wrote about was common knowledge among the Mafia. That’s what is left out of so much of what the judges write and the authors write, they seem to think that these people who survive on the streets and do so by being informed depend on newspapers for their knowledge. That’s one of the problems being a judge is that you get so isolated and you only know what occurs within the walls of your courtroom and fail to understand the world of the gangster.
If Connolly got the informatino from Flemmi and Mercurio and Mercurio was one of the people who shot Salemme how is it that Mercurio was prompted in doing something because of a newspaper article when he was the source of the article in the first place. I’m sure Shelley Murphy knew what she was writing was old news to the gangsters but new news to those out of the loop. If Flemmi had been murdered, there would not have been a vacuum. Those opposed to him would have taken over. As far as a prosecutable case against Salemme, I think the FBI was happy with him taking over since he was a buddy with Flemmi who was providing the FBI with information. The FBI was not particularly stressed out by having to prosecute Salemme who had just got out of prison after 16 years; it had more people informing on him than Homeland Security has spare tanks.
Dear Matt,
Thanks so much for sharing your impressions. My understanding is that you do disagree with Judge Wolf’s finding here, and you have explained what you believe to be the reason for it. Do you also dispute that John Connolly presented any “leak” to Shelley Murphy at all? In other words, it is my understanding, based on what you have expressed here, that Shelley Murphy wrote this aforementioned article on the basis of information already available, assuming she was “in the loop.”
My further understanding of what you’ve expressed is that you believe John Connolly did not leak any information to Shelley Murphy, at least pertaining to this. If my understanding is not correct, please take full license to correct me, of course.
Faithfully yours,
Jay
Jay:
I might not have been clear and your questions enable me to answer more precisely. I have no reason to disbelieve Judge Wolf when he finds Connolly was the leak. He probably was since the reports he filed from his informants mirrored the article by Murphy. Shelley Murphy wrote her article based on Connolly giving her the information. What I suggest is the information came from guys in the Mafia who had already determined to murder Salemme so when they read the article it had no effect on their plans. I think Judge Wolf was trying to suggest Connolly’s leak led to Salemme’s shooting; that is what I disagree with because that had to have been in the works a long time before Shelley’s article.
Dear Matt,
Thanks for clarifying your impressions of this and for understanding that I did not intend to express an opinion one way or the other about this but was instead seeking to understand your opinion. I understand much more clearly now; thank you. 🙂
Sincerely,
Jay
Don’t compare Putin to Stalin. A petty despot vs. a murderer of over 50 million. Is that sexual assault matter closed? After the local police failed to prosecute Zimmerman the Florida AG took over the matter and charged him. A grand jury should be convened in January. Let him finish his football season and then put the alleged victim and her case along with all exculpatory information in evidence. Then let them decide if probable cause exists and what charges to bring if any. This decision smacks of the bag job Ted K managed when he killed Mary Jo. He lost his license for thirty days on a m/v homicide probably alcohol related. A farce of a penalty. Only in Massachusetts. Or maybe Florida. The Norfolk DA should be saluted for their handling of the Mo Vaughn matter. He was arrested and charged immediately. There was no hero worship or deference for a celebrity. The jury acquitted him at trial but the proper procedure was followed.
N:
Putin isn’t up to Stalin’s standards yet but he’s getting there. My take on the Jamies Winston case has just been posted.
Matt:
Are you familiar with Harry Aleman’s double jeopardy murder conviction in the Seventh Fed Circuit (1993?)/ Chicago). Its not exactly the same situation as Connolly’s trouble. Aleman beat a 1972 murder charge because the Outfit rigged his bench trial by bribing a dirty state court judge to dismiss on a technicality. A few years later, the GAMBAT prosecution revealed how the system worked, and, Aleman was re-indicted, and, convicted of the murder. He lost all his appeals. The Court ruled that the corruption of the tainted judge not only nullified Aleman’s acquittal, but, also expunged (?) the first trial from the record, allowing Aleman’s final trial to stand,officially, as his only trial. That being said, the court then ruled there was no double jeopardy, and, gave him 300 yrs. Its the only example of a double jeopardy murder case involving both state and federal jurisdictions that I can recollect.
Khalid:
No I’m not familiar with the Aleman case. I thank you for calling it to my attention since I will read it and cases that it notes before commenting further about the double jeopardy in this case. I should have done that before. I deeply appreciate that you called it to my attention.
Khalid- I am up on the outfit, and I know who you are referring to. Johnny no nose Difronzo might be pulling a Rossetti. Also look up the name joseph Fosco, he is an interesting character that has a beef with the outfit. He has a website dedicated to outing the Chicago family. http://www.americannewspost.com He has a guy named Michael Magnafichi that is doing videos with him. Read what ends up happening. Bizarre to say the least.
Another excellent post. Connolly got the shaft in both Boston ( the sentence) and in Florida( the entire trial). Some day we’ll have honest people running the DOJ. Hopefully they will hold to account all those who failed to act on behalf of Constitutional principles in the Connolly matter. We probably need a clean sweep. 2. You are correct on Tsarnaev. He should receive a military trial at Gitmo. His family was in the country under false pretense and his citizenship should be revoked. Putin deserves credit for warning us about those terrorists and keeping us out of war with Syria. Also helping us avoid war with Iran. While he may be a negative on the Ukrainian issue he’s not all bad. 3. We’ll find out today if Florida is on the level in the Winston matter.
N:
1. Right (very harsh sentence) – appeals court ok’d the sentence allowing the judge to sentence him as if convicted on charges he was found not responsible on. Chances of getting a DOJ on the level is remote given it is controlled by FBI.
2. Agree about Tsarnaev. People have told me Stalin was not all bad. He was. It was only people who followed the NY Times who thought that and they could point to the industrial progress. Putin may do somethings right such as you mentioned but he hs become a dictator and jailed those who oppose him. That’s about as bad as you can get.
3. Florida found the woman who went to the hospital and reported she was raped actually had consensual sex; sort of strange behavior especially since she didn’t know who she was with until a month later. What do you expect from that state.