I was talking to a lawyer yesterday about the FBI and the Tobashev killing and he replied after listening to me for a bit: “What happened to Whitey Bulger?” I immediately knew what he meant. I’ve wandered off track again. So it’s best I get back on the job especially since the jury will start to be impaneled in less than a week.
Here’s what’s just happened. The prosecutor and defense counsel have filed dueling witness lists. On the basis of numbers alone the prosecutor’s 83 names of witnesses it intends to call is 5 more than the number the defendant proposes to call. But, the prosecutor indicated that it may not call all 83 while the defendant reserved the right to call more than his 78 or, like the prosecutor, to call less.
Scanning the prosecutors list one has difficulty restraining a yawn. The prosecution side of the case can always be tedious because you don’t have many witnesses who have some character to them. You must go through all the steps of trying to build a case by laying brick after brick to establish each of the elements of each crime charged; the defense has more fun in trying to pull the bricks out after the prosecutor puts them in trying to weaken the building.
Roughly speaking there will be only a handful of prosecution witnesses worth listening to. But before I tell who they are, I hope I’m not going to see in this case what I saw in John Connolly’s which was the prosecutor asking leading questions throughout his examination of his witness limiting his witnesses to a simple yes or no answer. I hope Carney and Brennan (C&B) make the witnesses testify and not let the prosecutor testify for them.
Worth listening to on the prosecution side will be the testimony of John Martorano and Kevin Weeks who have written books which means C&B have a cornucopia filled with devastating arrows to sling at them; the shameless gray mouse John Morris who will go through his crying routine and I expect C&B will do a tenacious job working him over as Whitey’s dinner companion and prying into how much money he really got from Whitey; and, Stephen Flemmi, who looked every bit the old out-of-touch senior citizen during the Florida case against Connolly. I hope C&B explore his relationship with Dick Schneiderhan the state cop who fed him information. Aside from those four the rest of the witnesses are law enforcement and forensic types, families of the alleged victims, and minor criminal people who tithed to Whitey like bookies or drug dealers. There may be a little wake up cross-examination during this time.
Then we look at the defendant’s witness list and we see how much more exciting it will be when these witnesses are called. Top echelon informant Sammy Berkowitz handled by John Morris will be brought in to undermine Morris’s testimony; then the one I’m most waiting to see on the stand, Howie Carr. Imagine Howie having to sit there while C&B tear him apart using him to impeach Martorano and Flemmi while Whitey Bulger and Billy Bulger look on. You just know C&B will have to go after him hard. We’ll see him paying mightily for his acting the clown behind Billy at the Congressional hearing. Got to believe he’ll find some way to get out of this because he’s not known for his courage. They’ll be crowds lined up to the Old Herald Building waiting to see this show. Maybe the feds could rent out the Boston Garden (I know that’s not the right name but I’m not a Bruin or basketball fan and haven’t been to the circus, rodeo or ice follies there since I was a kid so I’m not sure what it’s called now), charge steep admission for each day C&B take Howie over the coals, and they’ll recover some of the money they are paying for C&B to do their job properly.
But it doesn’t stop there. Also on the list is Jack Cloherty former FBI agent who was John Connolly’s partner; Janice Connolly who Weeks said he’d throw her body in a landfill if she broke up with him; Gerry O’Neill, Dick Lehr (who calls himself Whitey’s biographer), Kevin Cullen and Shelley Murphy Boston Globe reporters who wrote books on Whitey will be asked about how they got their information from the feds and how much they paid Sunday to get Whitey’s letters and asked about their other sources. I’d not to like having C&B holding a book I wrote and grilling me on it. They’re going to find their witness chair heating up and their fed buddies sitting helplessly by. They could never have figured it’d come to this. They can only hope their news papers will go easy on them but with the Internet the usual cover-up won’t work.
Then they’re going to have Stevie’s brother Michael Flemmi testify. Mike a former Boston cop ended up doing time in prison for trying to hide Stevie’s warehouse of arms; and another exciting witness, former FBI agent Robert Fitzpatrick who was busted down from an assistant agent in charge to a brick agent by his job who also wrote a book about his exploits and who disclosed to the Boston Globe that Whitey was an informant. That’ll be a highlight almost as good as Howie Carr. Then we get Phyllis Karas who wrote the book with Kevin Weeks and Eddie MacKenzie. She’ll have a lot to tell us. We’ll hear from Mike Huff the Tulsa , Oklahoma detective who testified in front of Congress and see how well he holds up in front of an unfriendly questioner.
Throw in FBI Director Robert Mueller, Judge Richard Stearns, and Governor William Weld. Then sprinkle this with the Justice Department fixer David Margolis the J. Edgar Hoover of the Justice Department, top it all off with some shaved white chocolate in the form of Patrick Nee, another book writer, who may be up to his ears in more murders than one could imagine and we’ll hear why he hasn’t been chased down. Top it off with the three Rakes sisters who’ll call their brother a liar; and add in my old friends Paul Snow and John Pappalardo and other exciting witnesses.
I’m telling you if C&B are up to their game, this is going to be the show of shows. Words can’t describe how great it will be at bringing out the truth. And my friends, that is all we are after although we don’t mind an exciting ride getting to it.
I just want to say that STEVIE RAKES is where he should be. He was nothing but a scumbag rat who stole either loans on peoples houses or stole the homes itself. He burnt down 2 of his houses for insurance and killed his first wife with a frying pan
Never forget what happened to Gary Webb from the Mercury News in San Jose. If you really touch a nerve, things can end badly.
Khalid,
I’m aware of that. What can I say? Just got to keep plugging along.
One of the most interesting witnesses on the list is perhaps one of the least known. Desi Sideroupolis from West Roxbury is the long retired former secretary to every special agent in charge of the Boston FBI since the early 70’s. every piece of correspondence address to the FBI would have been screened by desi and read before it was passed on to the appropriate person. This would include any internal correspondance. She also would have typed each and every document that went out of the office with the Special Agent in Charges signature. having been there through several regimes, she might be the one person that can tell the whole story with complete truth and continuity. Kinda reminds me of Frank Galvin locating the O.R nurse in “The Verdict”!
Declan:
Thanks for the information. Will Desi tell the truth or will she be like Helen Gandy the lady to took Hoover’s secrets to her death bed.
Continuing from above,
We’ll see but I think Carr will have little to say.
The Feds are aware of Martorano’s book and he’ll be well schooled on how to answer at least on direct. If he says “yes I said that particular thing to Carr but was BS’ing to make the book more exciting” Carr shouldn’t be able to simply add that Martorano did say it. Only if Martorano denies saying something that Carr attributes to him in the book will Carr’s extrinsic evidence to that statement be allowed.
Same with Flemmi, although it seems to me that for his recent Flemmi book all Carr did was get and publish the DEA debriefing of Flemmi. There weren’t any Flemmi interviews (at least as I recall the book).
The fact that the feds gave Carr “inside info” in and of itself won’t make it admissible, it will depend on what it was. This will be the subject of a motion in limine hearing before Carr ever sees the jury I’m sure.
Facts surrounding the case (such as the fact WB was on parole when Martorano has him driving a back up car) won’t come in through a witness like Carr and Carney won’t be able to argue what is and isn’t logical with him.
This federal judge is, in my opinion, going to run a very tight ship on what is and isn’t admissible and will be particularly limiting as to what areas the defense can get into. Judges have great latitude on these points and a conviction will not be overturned by the appeals court as any error here will be deemed “harmless” (except as to the defendant doing his time in prison of course).
That said, I heard Carr say on TV Sunday night that there is a motion pending today to have him removed from the witness list (so he can have a more active role in covering the trial). I really can’t see an impartial arbiter granting this. Others can cover the trial and Carr will be preserved as a possible witness.
Good luck getting access to cover the trial. I’m looking forward to your daily take on what happened (vs the media’s).
JHG:
Yes, Carr will be asked to fill in where Martorano changes his testimony he will also be asked to tell other things that Martorano told him about his involvement with Whitey, whether it comes out on direct or not. Much will depend on how the case proceeds. If the feds are allowed to ask leading questions during all of their direct examinations as they seem to be able to do then they will control the trial a lot more than if they are required to conduct a proper direct. Carney will take any BSing suggestion and make the jury understand the BSing is lying and that perhaps he was BSing in everything he said about Whitey to make the book more exciting.
You’re right about the Flemmi book. Carr had no access to Flemmi (as far as I know). As far as what will be admissible or not it is hard to tell. As you know what is admissible in front of one judge may not be admissible in front of another. I ran into a guy over the weekend at a market who I’d call an old lawyer who started practicing around the time when I did. Telling war stories he reminded me of the term some of the judges used to use “de bene” to let in evidence. As in “I’ll let it in de bene for what it’s worth. You can alway move to strike it later counsel.” It always meant to me that the judge didn’t know the rules of evidence so we were in a free for all trial.
I disagree on what you think Carney can get in. How about this: “Mr. Carr, Martorano told you that Whitey drove a crash car when he was murdering people, isn’t that so?” “Did you know that Whitey was on parole at that time.” “Doesn’t it seem strange to you that a man who was on parole on a 20 year sentence who still had 11 years to serve would put himself in a position where his parole could be violated?”
I agree totally with you that what I just set out and pretty much everything will depend on the whim of the judge. There is no pressure on this judge to be correct in anything and my sense in federal court is as you suggest the judge will run a tight ship and try to restrict Carney. Carney will have to figure out how to work his way around the restrictions without making the jury dislike him because he is ignoring the court’s instructions. As you know it is a delicate balance.
There should be no way Carr gets taken off the list, he has crucial evidence that may contradict the testimony of major witnesses. You can’t let him sit around the courtroom figuring out what they are saying and tailoring his testimony to what is already in evidence. I don’t see him taken off the list although I can see where some of the other reporters may be removed.
I’m interested in seeing how restrictive the access will be. I’d like to get into the main courtroom once in a while to get the feel for it. I’m doing the coverage for the Patriot Ledger so I have a press pass that will at least get me into the flow over press room. I’ll let you know how it plays out. Thanks for the good comments.
Hi Matt,
I’m really looking forward to your reports from the courtroom. I’m still working my way through your book, because I’ve also been reading through your blog archives to get more background. I really like the way you write–direct and to the point. I regret now that I never really read that much about the Bulger case.
Apparently the US Attorney’s office is asking the judge to remove all of the media members from the witness list or at least let them attend the trial. They also don’t want Bill Weld and Robert Mueller to have to testify.
http://tinyurl.com/n3npfof
Boston:
Is it any surprise the US Attorney’s office is working for the media..They ask their names be stricken from the list because they can only supply inadmissible hearsay evidence. I have to laugh at that because the government’s case is fraught through with hearsay evidence. If not stricken the government wants them to attend the trial in any event. The government wants the friendly media types in. If his isn’t evidence of the ongoing cooperation between the government and certain members of the press I don’t know what is. it also wants Weld, Mueller and Stearns off because they relate to the immunity defense and wants the court to stop Carney from mentioning it in his opening. And they want the family members who are going to testify also to be present in the courtroom.
Do you know what Retired MSP Robt Longs role in all of it is? I once saw him being interviewed by FOX News and he was stating his goal was to find Whitey. Was he the one to find Whitey? I know he works online a lot so I’m guessing it wasn’t him.
Question:
Bobby Long is a good guy. He was behind the Lancaster Street investigation where the state police would have wiped out Whitey and the Boston Mafia if not for being undermined by the feds.
Not familiar with too much of what you can see on PACER other than motions that are filed, kind of outlandish to think (especially in regards to this trial) so but was just wondering if they submit stenographer transcripts on there? Would be great to see what really is being said instead of seeing globe/herald highlights/distortions. Various journalists who make it in the courtrooms’ Twitter feeds will be the closest thing we’ll be able to actually follow the trial live as it’s happening was just was wondering if it there’s another medium – would be great to see you dissect testimonies. Are you familiar with the attorney whitey plans to call/his relevance as a witness?
Jim:
This is a capitalistic society. You have to pay the court reporter to get transcripts. PACER just tells when they are filed. I hope to be there at the trial and will do my best to get the evidence out each day. I don’t know attorney Dan Rull if that is who you are referring to. He’s been an attorney since 1976 with a law office on East Broadway doing real estate work.
great stuff, and the truth is the light of the world.
please fasten your seat belts.
Hopalong:
They are fastened. Stay tuned and you’ll get a different version from what others put out.
COULD YOU PRINT THE VITNESS LISTS , THANK
Absolutely, thanks for asking. It follows.
Prosecution List:
1. Tom Angeli North Reading, MA
2. Joe Angeli Los Angeles, CA
3. Anthony Attardo Boston, MA
4. Elaine Barrett Quincy, MA
5. David Barron, D.M.D. Quincy, MA
6. Investigator Ken Brady Plymouth County Correctional Facility 26 Long Pond Road Plymouth, MA 02360
7. Richard Buccheri Quincy, MA
8. William P. Cagney, III, Esq. Delray Beach, FL
9. Patrick Callahan, San Francisco, CA
10. Frank Capizi, Scottsdale, AZ
11. Det. Jim Casey, Miami-Dade County (Ret.) Coral Gables, FL
12. Brian Castucci, Swampscott, MA
13. Sandra Castucci, Revere, MA
14. John Cherry, Boston, MA
15. Citizens Bank, Keeper of Records Boston, MA
16. Gerald Coakley, Boston, MA
17. Michael Coleman, MSP 470 Worcester Road Framingham, MA 01702
18. Kate Crowley, D.M.D.Office of the Chief Medical Examiner 720 Albany Street Boston, MA 02118
19. Stephen Davis Boston, MA
20. Special Agent Donald DeFago, Customs (Ret.) Immigration and Customs Enforcement 10 Causeway Street, Room 722
Boston, MA 02222
21. Ralph DiMasi, Salisbury, MA
22. Patricia Donahue, Boston, MA
23. Sergeant Detective William Doogan, Boston Police Department 50 Harrison Avenue Boston, MA 02118
24. Forensic Scientist John Drugan, MSP 470 Worcester Road Framingham, MA 01702
25. Major Tom Duffy, MSP (Ret.)470 Worcester Road Framingham, MA 01702
26. Richard Evans, M.D.Office of the Chief Medical Examiner 720 Albany Street Boston, MA 02118
27. Detective Lieutenant Robin Fabry, MSP 470 Worcester Road Framingham, MA 01702
28. Nancy Ferrier, Andover, MA
29. Stephen Flemmi, Incarcerated
30. Colonel Thomas J. Foley, MSP (Ret.) 470 Worcester Road Framingham, MA 01702
31. Robert Gallinaro, Belmont, MA
32. FBI Special Agent Scott Garriola 11000 Wilshire Blvd., Suite 1700 Los Angeles, CA 90024
33. Barry Halloran, 470 Worcester Road Framingham, MA 01702
34. William Haufler, Boston, MA
35. Special Agent Mike Hanigan, FBI (Ret.) FBI Boston One Center Plaza – Suite 600 Boston, MA 02108
36. Kevin Hayes, Boston, MA
37. Bruce Heimer, M.D., Miami-Dade County – Medical Examiner Department, 1851 NW 10th Avenue. Miami, FL 33136
38. James Katz, Relocated Witness
39. Margaret King, Boston, MA
40. Special Agent Sandra Lemanski, IRS, JFK Federal Building, Room E-400 15 New Sudbury Street Boston, MA 02203
41. Brenna Leonard,Boston, MA
42. Howard Levenson, Relocated Witness
43. David Lindholm, Greater Boston, MA
44. Det. Lieutenant Robert Long, MSP (Ret.), 470 Worcester Road, Framingham, MA 01702
45. Patti Lytle, Boca Rotan, FL
46. OIG Special Agent James Marra, Office of the Inspector General, 1 Courthouse Way, Boston, MA 02210
47. John Martorano, Greater Boston, MA
48. ATF Firearms Specialist Kenneth Mason, ATF Headquarters, 99 New York Avenue NE, Washington, DC 20002
49. Det. Billy McDermott, Brookline P.D. (Ret.), 350 Washington Street Brookline, MA 02445
50. Paul McGonagle, Jr.. Washington, D.C.
51. Howard Messier, D.M.D., East Weymouth, MA
52. Gordon McIntyre, Bridgewater, MA
53. Laura Mello, Winthrop, MA
54. Donald Milano, Winthrop, MA
55. Anne Marie Mires, Ph.D., Paxton, MA
56. Special Agent Jerry Montanari, FBI, FBI Boston, One Center Plaza – Suite 600, Boston, MA 02108
57. Paul Moore, Relocated witness
58. Special Agent John Morris, FBI (Ret.),FBI Boston One Center Plaza – Suite 600 Boston, MA 02108
59. Richard O’Brien, West Palm Beach, FL
60. Brian O’Hara, MSP, 470 Worcester Road, Framingham, MA 01702
61. Kevin O’Neil, Quincy, MA
62. FBI Special Agent Pat Patterson (Ret.), FBI San Antonio 5740 University Heights Blvd.San Antonio, TX 78249
63. Celso Perez, Miami, FL
64. Gina Pineda, New Orleans, LA
65. James Plummer, Haverhill, MA
66. Steven Rakes, Boston, MA
67. Charles Raso, Lynnfield, MA
68. Claire Robischaud, Boston, MA
69. Deborah Scully, Boston, MA
70. William Shea, Orlando, FL
71. Karen Cody Smith, Springvail, ME
72. Erich Smith, FBI Laboratory, Quantico, VA
73. Michael Solimando, Quincy, MA
74. Barbara Sousa, Braintree, MA
75. Billy St. Croix, Relocated witness
76. Diane Sussman, West Hills, CA
77. Joe Tower, Port St. Lucie, FL
78. U.S. Trust, Keeper of Records, Boston, MA 02148
79. Kevin Weeks, Boston, MA
80. Larry Wheeler, Tulsa, OK
81. Pam Wheeler, Jenks, OK
82. Barry Wong, Brookline, MA
83. Joseph Yerardi, Newton, MA -bookie
Defendant’s list:
1. Michael Albano Medford, MA
2. Earl Anderson, Roseau, MN
3. Jeannette Benedetti, Walpole, MA
4. Sam Berkowitz, Royal Palm Beach FL 33411
5. Brian Burke
6. Howard Carr, Brighton, MA 02135
7. Jerry Campbell Boston, MA
8. Neal Cherkas Chelsea, MA
9. Jack Cloherty Winchester, MA 01890
10. Janice Connolly,
11. James Crawford FBI Boston One Center Plaza – Suite 600 Boston, MA 02108
12. Matthew Cronin (Ret.) FBI Boston One Center Plaza – Suite 600 Boston, MA 02108
13. Tina Cronin (Watson) East Boston, MA
14. Gary Crossen Needham, MA 02492
15. Kevin Cullen Boston, MA
16. Kevin Curry Winchester, MA 01890
17. Thomas Daly Groton, MA
18. Jack DePalma Kingston, MA 02364
19. DEA Daniel Doherty Boston, MA 02203-040
20. Attorney Harry Philip Edwards Boston, MA 02108
21. Richard J. Egan Wakefield, MA 01880
22. Raymond Eganey FBI Boston One Center Plaza – Suite 600 Boston, MA 02108
23. Jamie Flannery. Wollaston, MA
24. Michael Flemmi, Braintree, MA 02184
25. Robert Fitzpatrick, Charlestown, RI 07813
26. Brian Foley
27. Thomas Foley, Framingham, MA 01702
28. Erin Furey, West Palm Beach, Fl
29. Brian Garceau
30. John Glover
31. James Greenleaf The Villages, FL 32162
32. Michael HarkinsFBI Boston One Center Plaza – Suite 600 Boston, MA 02108
33. Mike Huff, Tulsa, OK
34. Stephen Hussey Milton, MA
35. Jeffrey Jenkins
36. John Jennings
37. Steve Johnson Framingham, MA
38. Phyllis Karas Marblehead, MA 01945
39. Keeper of Records – Massachusetts State Police Randolph, MA
40. Keeper of Records – Department of Justice
41. Eugene Kelley Milton, MA
42. Rod Kennedy Quincy, MA
43. Graham King Quincy, MA 02169
44. James Lavin Weymouth, MA
45. Dick Leher Belmont, MA 02478
46. Kathleen Lindholm Natick, MA
47. Brad Luongo Hollywood, FL
48. Jody Luongo South Boston, MA
49. Robert Mahar
50. David Margolis Washington DC
51. James Martorano Quincy, MA
52. Domenic Masella Bedford, NH
53. Sean McWeeney Reston, VA 20191
54. Stanley Moody Parkton, MD
55. Rebecca Morris Lexington, MA 02421
56. Robert Mueller c/o FBI Headquarters 935 Pennsylvania Avenue, NW Washington, D.C. 20535-0001
57. William Mullen Dedham, MA
58. Shelly Murphy Boston, MA
59. Patrick Nee Boston, MA
60. Gerard O’Neill West Roxbury, MA
61. Nunzio Orlando Georgetown, MA
62. John Pappalardo Hingham, MA
63. John Pansewicz
64. Richard Pelton
65. Edward Quinn (Ret.) FBI Boston One Center Plaza – Suite 600 Boston, MA 02108
66. Mary Rakes (O’Malley) Walpole, MA
67. Julie Rakes Gansevoort, NY 12831
68. Patricia Rakes Walpole, MA
69. Attorney Daniel Rull South Boston, MA
70. Bob Ryan 1 Schroeder Plaza Boston, MA
71. Freddy Saro
72. E.J. Sharp
73. Desi Sideropolous West Roxbury, MA
74. Karen Snow Bridgewater, MA
75. Paul Snow Quincy, MA
76. Hon. Richard Stearns c/o John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
77. Mary Watson (Harris)
78. William Weld Boston, MA 02111
An exclusive, breaking Boston.com headline this afternoon indicates the feds are raiding the Boston taxi company that was the target of a Boston Globe Spotlight Team article. I miss the days when everyone knew the Globe Spotlight team was full of shite. Note that Globe photographers and reporters were on hand to cover the “surprise raid”. There is nothing on the Herald’s website about the story. The obvious quid pro quo between the feds and the Globe has a particular stench. Hopefully the company owner, “a Jordanian-born immigrant” has enough wealth hidden to purchase some justice in federal court. In the alternative, he could hope the Motel Caswell pro bono attorneys would take his case.
Patty:
As night follows day so will a federal raid or indictment follow a Boston Globe’s Spotlight series. The coordination between the Boston Globe and federal prosecutors is so incestuous that it is hard to tell whether one of the prosecutors or the Globe repeaters is writing the story.
In Animal Farm, George Orwell said it best about the self-serving, bloated, gluttinous, indifferent, FEDS’ anti-constitutional mentality and anti-contitutional modus operandi: “All animals are equal; but some animals are more equal than others”, and the FEDS in flagrant indelicanto violation of clear constitutional principles now stand naked before we the people, before one-thousand beams of our probing flashlights. Blink, blink. Smile: Your grotesque violations of Federal and State laws have been caught on our candid cameras. “We see with blinding sight!” both how and why you’ve been framing innocent people and we the people will right this ship of state. Thank you Khalid for your insightful words of wisdom.
Bill:
The last one who stood naked before the people was not uncovered until a child pointed it out – was that Lady Bathsheba or the Hans Christian Anderson story of the Emperor’s New Clothes. Yes, the FBI is being seen for what it is and more and more people are recognizing that it is naked.
William:
If you are a constitutional wonk, you’ve got to check out the work of Judge Learned Hand. He was on the Federal 2nd. Circuit Appeals Court in New York. Hand, sat on the court in the thirties and forties, and, wrote some of the most influential opinions in American jurisprudence. His analysis of the US Constitution as being, “relative to the time and environment in which it is interpreted,” allowed the “living document” to breath and evolve
Perhaps, Matt could weigh in. I’m getting a little beyond my area of expertise.
Khalid:
You are right about Learned Hand. In law school he was looked upon as the leading light of the profession. I wish I knew more about him than I do but perhaps with some more time on my hand I’ll read more about him.
The Internet has turned Michel Foucault’s panoptic metaphor on its ear. Through the miracle of cyber-space, the observer can be observed peering through technological key-holes into the lives of the objects of his scrutiny.
In eighteenth century Britain, Jeremy Bentham envisioned a “prison in the round” with a central guards station. The cell-bocks were stacked one upon the other in a circle. Every individual cell was designed to be open to the gaze of guards in the central tower (Joliet Prison was built around this concept). While the inmate cells are naked to the observation of the the guards in the tower, the patrolling guards are hidden from the eyes of the inmates. The momentary object of the disciplining gaze is unknown to the prisoners. The guards may, or, may not, be observing any individual inmate. Theoretically, the threat of surveillance, and, potential sanctions, begins to effect the behavior of the inmate. The inmate becomes “under control.”
Foucault believed that Bentham’s concepts of discipline, and, punishment, are reflected in the control mechanisms of modern society. The threat of possible surveillance keeps people in line. Are any of the alphabet crews, looking, and, listening right now?
The Internet has reversed this power relation. Now, it’s the watchers potentially being watched, and, everybody knows that the “hunter don’t like it when the rabbit gits the gun.” Do you think police bureaucracies have collective consciences? Could the secret police, as a social organism, ever feel mortification?
Jean Paul Sartre’s gives an analysis of the concept of shame by examining the consciousness of a voyeur; the key-hold peep, caught rapt in his own omniscient revelry, experiences shame. Surprised on bended knees with a guilty eye pressed to the keyhole, the observer is trapped by the apprehending attention of another consciousness. Dawning awareness of this competing subjectivity, the other, objectifies the observer, resulting in an existential panic. When the once secret observer experiences the gaze of the other, his former omniscience, and, omnipotence, vanish. His only recourse is existential flight.
I watch the Bulger drama with great interest. For all his faults, and, alleged deplorable actions, Jim Bulger was well thought of in the GULAG Americana (BOP). Wallahi! I once patiently listened to a Catholic chaplain fulsomely extoll his virtues. What a charmer.
Khalid,
Always enjoy your comments. You take us from the nitty gritty to the wonderful world of philosophers who when you read them closely you recognize they are talking about the why of the nitty gritty. I expect the alphabet agencies have lost much of their power to intimidate since the Internet has come into existence. No longer can the command us since we have the power to speak for ourselves and more importantly to be heard. What good is a command position if the people under you don’t listen. The alphabet powers can control our bodies but not our minds. The Germans conquered most of France and other northern European countries but the underground never gave them peace, and that was before the Internet. The power of the people grows everyday and those who want to be heard can now have a voice. It doesn’t take a huge number to change things. The Catholic Church knew that and was very content keeping the people away from sources of knowledge.
Will there be motions to quash the defense’s summonses? Can the media hide their sources? Won’t C and B ask all the government witnesses if they leaked grand jury or other secret information to the press? Can’t C and B use the press to contradict the witnesses denials? Will the press reveal their sources or will they be held in contempt? Every prosecution witness should be asked if he knows what the Mafia is and why is he helping LCN. Martorano bragged, in the Carr book, about protecting his friends. C and B should force Carr and Martorano to tell all. Mao the great Chinese Helmsman said ” let a thousand flowers bloom” encouraging the dissident voices to emerge. When they did he eradicated them. C and B are going to let a thousand flowers bloom at this trialif allowed. Will the judge permit this unprecedented assault on the integrity of the media? Will she condone the absurd inquiry into the segacity of the DOJ? Standards have to be upheld after all. Why won’t C and B go gently into that good night? Why raise such a fuss. 2. The defense should summons in the Frenchman from Savin Hill ( Hernri B.) and require him to admit that he ran all the rackets in Boston. That the fight between WB and LCN is just a minor misunderstanding.
N:
Good points – I expect there will be some attempts to keep the media people from testifying but Howie Carr for one has no chance to avoid testifying; as for the others it may be a case by case basis on what Carney and Brennan hope to elicit from them, but they all seem to have sources that will contradict some of the witnesses. Lehr and O’Neill are dead meat when it comes to Morris who was their informant. Cullen and Murphy with respect to the leaks they’ve been receiving from the prosecutors. This is the media types worse nightmare since no one ever expected they’d be called and they felt free to make up stuff and write whatever they wanted because no lawyer wanted to take it on. But here Whitey’s got good lawyers who are interested in their client and not the media so it’s a different ball game. The only way they can represent Whitey is to rage against the darkness the government wants to put everything under.
2. That’s what is missing from this case – Henri B. I think he was able to slip by because of the fixation on the Irish and the Italians. No one ever thought a Frenchman would be the brains behind all of these things. Henri was clever since he always liked to walk backwards to insure no one was sneaking up him. As they said no one’s secrets were safe with Henri especially if they kept them in their pocketbooks.
N. Just a hunch, but I bet the corrupt judiciary will allow the corrupt media/press to say and disclose nothing. For why else have the Courts and Press established “Joint JUdicial-Media Partnerships” except to wash each others’ hands, erase each others’ tracks and cover each others’ bent, twisted, deform-ed backs?
Bill:
The only purpose behind the Judicial-Media partnerships is to give the judicial branch a lobby in securing them pay raises. It is that simple.
Matt,
It is foreseeable that under cross-examination, Martorano will concede that many “facts” in his book are falsehoods (while asserting his current testimony is truthful). At a minimum, that will prove embarrassing for Martorano’s business partner, Howie Carr, who has marketed the book extensively as non-fiction. At worse, Carr could become an impeachment and character witness against his buddies Martorano. He may also have to fess up to his dealings with Wyshak and Kelly. Since Carr is the dean of Boston’s journalism profession, Carr’s fraud will not be exposed by the local media. That’s basic professional courtesy among Boston journalists. The visiting national media, however, may start to wonder what kind of rules the Boston reporters play by. In fact, the national media will hear testimony that blows away bookloads of fiction-sold-as-fact by Lehr, Cullen, Carr, Murphy and all of the Feds’ handmaidens in the Boston media. Although Casper the Friendly Judge will suppress all testimony related to decades of federal law enforcement corruption, we will still be treated to lots of red-faced reporter/authors getting their phony stories shredded by actual testimony.
Patty:
I’m sad to say the national press will take its lead from the local press and the story out of the trial will not come out that well. That’s why it is important that the Internet exist so that people with a background in these matters who are not serving masters who want certain results can tell what they perceive as the thrust of the testimony. Putting a repeater in to cover the story who doesn’t understand the vagaries and players will add nothing to discussion.
As I indicated seeing Carr testify will be a treat. There’s a kids story written about this Spanish-American kid who just liked to dance. He went to school and was beset upon by a bully who tormented him. Then he decided to use his skill as a dancer to waltz around the bully and defeat him. I feel that for years Carr has been a bully putting out his malicious talk and destroying people and inflaming anti-Hispanic prejudice. His audience is the begrudgers in society who only take pleasure in seeing another person fall. Well Carney’s going to be like the Spanish kid and he’d going to do a tap dance all over Carr who has never had to face the consequences of his bullying.
As for the Boston media, it is so in bed with the Feds that it is disgraceful. Not one question ever about the way the FBI handled the Marathon Terrorist Attack and now we hear Congressman Keating saying had the FBI cooperated it could have been prevented. I sometimes think Boston would be better off as a no newspaper town for all the truth we’ve gotten from our newspapers.
Matt,
Do you think Mr. Carney reads your blog? I hope he does because I feel he could pick up some things from you. I personally like your open mindedness. I’d like your opinion on something. In the past we spoke about how if a lawyer guarantees a defendant he will win the case you should get rid of him and I agree. You also explained what Trial by Judge is and you explained that a Whitey will have a say in which jurors are chosen in his trial.
This is really puzzling me and I may know the answer but I’d like your opinion if you have the time.
What do make of a defense attorney who gets so angry at a defendant refuses “Trial by Judge” and requests a jury. Let’s say this defense attorney called it a “stupid case” which the judge will get rid of. Yet after the defendant refuses this same attorney says “If you’re found guilty by a jury then the JUDGE WILL SEND YOU TO JAIL”!
I find this very odd when the case is a he said – she said alleged “push” with no witnesses, no injuries, no medical attention, no prior record of any type of assault/battery.
He’s being intimidated or forced to go with “Trial by Judge” which he doesn’t want to do. He was also told he will not have a say when they pick jurors.
One note I might add is this defense attorney is friends with the Plaintiffs friends. LOL
I really like your view on various issues. I wish you didn’t retire! Do you have any practicing friends out there who have not retired?
Question:
I’ve been told Carney reads this blog. But he’s an old dog and knows more tricks that I could ever teach him. He knows what he’s doing and he has a good sidekick in Hank Brennan so they’re probably far ahead of me in anything I suggest.
As for the case you talk about it is hard to comment. That a lawyer is friends with friends of the opposing party does not necessarily mean anything. It could but from this distance it is hard to tell. The lawyer’s obligation is to give his client his best advice and to let the client make a decision. When I was a defense lawyer I had a client who was beat up by the Quincy cops and then charged with disorderly conduct. We were in the jury session and the prosecutor told me he’d continue the case without a finding which is equivalent to a dismissal. I told my client and he said he wanted a not guilty. I told him that would only be possible before a jury and with a jury he could lose and might end up doing time whereas now he could walk out with the case being dismissed. He insisted on his jury trial and that’s what he got. He ended up being found not guilty.
A lawyer can recommend a bench trial (which you call trial by judge) for several reasons. She might be afraid to go in front of a jury; she may know in a case that her client has the judge tends to give a break; or she know the judge punishes people who want a jury trial. Not really knowing about the case, the court, the judge, the witnesses it is hard to comment on another lawyer. If a client is unhappy with her lawyer, she should get another one.
The best thing I did was retire. Had I not I could not have done a blog like this and speak my mind. How could I represent anyone after doing this? I’d never be able to get a client a good deal because the judges or prosecutors who were mad at me for my comments couldn’t take it out on me but they would take it out on my client. As for people who were my friends in the business, most were prosecutors who have gone on to doing other things outside the lawyering because there in not much call for life long ex-prosecutors.
Matt et al
Assume Carr is on the witness stand as a defense called witness.
Furthermore, given his history with the Bulger’s, assume he has been declared a hostile witness so basically can be cross examined.
Over a continuing objection of relevancy and/ or hearsay, what do you think Carney can get intovidence from him?
JHG:
Carney will be trying to impeach Martorano through Carr’s testimony because they wrote that book together. He’ll also want to pry into what Martorano told Carr about things like the “crash car” that Whitey was supposed to be driving in 1973 when Martorano was out killing people. He’ll point out that Whitey was on parole at the time and he’d be the last person who’d want to be driving a crash car. Martorano will try to weasel out of things that are said in his book so Carr will be questioned about that also. I’m not sure how much of the interaction there is between Carr and Flemmi but Carney will explore that area also. He’ll want to know about some of the information Carr got from the feds. He’s under an obligation as I see it to give Carr back a little of what he has been handing out to the Bulgers. Whitey wants to see the smirk washed off his face.
1. Newspapers have multiple reporters. No need for any single one or three to get special priveleges. The Story will be covered. Generally, witnesses testify then are gonzo; they don’t sit around and smirk or sit around before hand and figure out what the Party Line is.
2. Matt: This could be like Sid Caesar’s Show of Shows or the Gillette Cavalcade of Sports. As my friend trooper Bobby Cerra said, “Let them all testify.” We can decide for ourselves who the lying crumbs are. At the top of my list of crumbs are the FED prosecutors who put known serial killer-perjurers and known liars on teh witness stand, and the FED judges who condone the use of known perjurers-serialkillerscareergangsters as witnesses. “Do you swear to tell the whole truth?” Martorano, MOrris, Flemmi, Nee, Weeks, Salemme, respond: “I do.” That lie should end their appearance in any courtroom in AMerica! Amen!
I think Sammy Berkowitz is dead.
Ernie:
That was my thinking. I was surprised he was on the list. He must be still alive. I don’t think C&B are going to be listing someone who is no longer with us.
Hmmm, it’s starting to make sense to me Matt.
I was never in the black with Sammy. Every Tuesday i was paying up. Always a giver, never a receiver.
Then when week I made it all back and then some. I had football teases, pro-basketball over-unders and parlays working like nobody’s business.
So what happens that Tuesday when I go to see sammy? I’ll tell ya what happened. THey said he was dead. Dead!
Matt, you don’t think that the President Nixon pardoned Sammy Berkowits faked his death to get out of paying me, do ya?
Ernie:
Few know this. Don’t let the feds know I told you or my situation may be dire. It’s true, Sammy’s death was faked with the help of the feds. He had a bad couple of weeks, couldn’t pay up, so they came up with this scheme of saying he had passed on.
What actually happened is the feds had created this higher than top secret program called Buried Deep. It is located in Key Biscayne, Florida. It’s where the feds put people they want the world to think are dead to save them from their financial, legal and personal troubles, sort of like the ultimate type bankruptcy.
I’ve heard Sammy’s a big bridge player there. Every day after lunch he and three others in Buried Deep gather for a game. I’ve only heard the names of the others so I cannot vouch for the spelling: they are BB Rebozo, Howie Hughes, and Dickie Nickson. Keep this under your hat.
Thanks for getting back on this subject, although I have learned a lot from your detour. A legal question for you — does their inclusion on the witness list prevent these ‘journalists’ from attending trial prior to giving testimony? Good move by defense if that is how it works.
Pam:
I’m afraid I’m losing it a bit. You embarrassed me by pointing out to me something I should have thought about. I appreciate you doing it. Of course, the witnesses should be sequestered during a trial like this and that means all those journalists who have made their livings lying about the Bulgers will have to sit this one out outside the courtroom. That still won’t stop them from making some of the things up. Yeah, it’s a good move by C&B to insure the coverage by the news media will have something to do with the truth.
The Herald is listing Howie Carr as part of the team that will cover the trial. Isn’t that a conflict of interest if he’s a witness?
Boston: Yeah Howie will cover it but he won’t be in the courtroom, he’s sequestered. It’ll be less of a circus with one less clown.