Whitey’s Murder Victims — The Burden on the Government

Whitey’s charged with 19 murders listed by date:

Michael Milarno (3/8/73),  Al Plummer (3/19/73), William O’Brien (3/24/73), James O’Toole (12/1/73) , Al Notorangeli,(2/21/74),  James Sousa (10/74).  Then Paul McGonagle (11/74), Edward Connors (6/12/75) Thomas King (11/5/75), Francis ‘Buddy” Leonard (11/6/75) , Richard Castucci (12/30/76), Roger Wheeler (5/27/81),  Debra Davis (late 1981),  Brian Halloran (5/11/82), Michael Donohue (5/11/82), John Callahan (8/1/82) , Arthur “Bucky” Barrett (August 1983);  John McIntyre (1130/1984),  Deborah Hussey (Early 1985)

Those are only names.  At some point I’d like to discuss the persons as individuals.  The cumulative effect of being charged with so many murders will take its toll.  The government will have to make sure that it makes the jury understand that each of these persons was important — not just a name but someone who deserved to live and someone who had others severely affected by his or her death.

The strongest cases are those where the bodies were recovered.   Weeks pointed out the location of five bodies.  Only a person involved  with the murders or closely associated with them would have the knowledge of their burial location.

Here’s what I think of Whitey’s chances with respect to each of the murders that are alleged.

WHITEY HAS NO CHANCE TO WIN:

The killings at 799 East Third Street the house of Pat Nee’s brother:  Arthur Bucky Barrett, John McIntyre, and Debbie Hussey.  These occurred between 1983 to 1985,   The witnesses to the murders are Weeks who is a formidable witness being Whitey’s right hand man.  Flemmi, Whitey’s partner, less credible because of his sadistic tendencies.  Pat Nee witnessed the McIntyre killing.  The compelling evidence  are the bodies that were found buried together.  This gives strong credence to Weeks who said he both buried them, disinterred them, and reburied them.  According to Weeks Whitey was told McIntyre was providing information against him showing a motive.    Chance of being convicted very high to almost guaranteed.  How’s Whitey even begin to argue he had the right to kill these people?

WHITEY IS UNLIKELY TO WIN:

Weeks also led the state police and DEA to the bodies of Debra Davis and Paul “Paulie” McGonagle.  That brings them into the strong category for the government.  They are not as strong as the Barrett, McIntyre, Hussey group since the only witness to one killing, that of Debra Davis, is Stevie Flemmi who really is the one with a motive to kill her.  It’ll seem a stretch for Flemmi to blame Whitey for killing a young women he was killing out of mere jealousy.  I assume Weeks will put the frosting on the cake by telling how Whitey admitted these murders to him.  Weeks is credible because he knew the bodies were there and he couldn’t have known it without Whitey telling him especially the McGonagle murder.  McGonagle the leader of the Mullen gang was killed in 1974 and Weeks did not hook up with Whitey until 1978.

WHITEY HAS A FIFTY-FIFTY SHOT OF WINNING:

Roger Wheeler (5/27/81),  Brian Halloran (5/11/82), Michael Donohue (5/11/82), John Callahan (8/1/82)  are part of a group with one killing related to the other.  Martorano killed Wheeler.  He did this for John Callahan.  It will be difficult connecting Whitey to this since Martorano only dealt with Stevie.  It gets stronger because Weeks will testify as to the killings of Halloran and Donohue when he was doing the surveillance.  He’ll tie the killing in to the Wheeler killing through admissions from Whitey.  Martorano then kills Callahan after meeting with Whitey and Stevie.  Stevie will also testify to this.  Callahan is killed because he knows too much.  Whitey’s involvement with the murder of Callahan has to be tied back to the Wheeler murder and the Miami Jai Alai connection.  There are enough facts to make it a compelling picture but if there’s doubt to one or two of the links the whole case could disintegrate.

WHITEY HAS A SIXTY- FORTY SHOT OF WINNING:

I lower the odds on these cases:  Michael Milarno,  Al Plummer, William O’Brien,  James O’Toole,  and Al Notorangeli,

The only witness against Whitey will be Martorano.  His evidence has already been rejected by one jury.  No reason to think it can’t happen again.  Since it was rejected he has come out with his braggadocio book about his life which will give defense counsel enough ammunition to make him totally unbelievable — combine that with his serving only about six months for each murder you have a scenario where a judge should take judicial notice that the man is unworthy of belief.  Flemmi can’t help with these murders since he is still on the lam.

James Sousa  Edward Connors,  Francis ‘Buddy” Leonard, Richard Castucci 

Here both Flemmi and Martorano participated with Whitey.  You’d think with the addition of Flemmi that the odds would improve but the jury may figure these two who admitted killing them did kill them and did not need Whitey’s help especially when it learns of the great deals these men received for testifying and the number of other brutal murders they were engaged in

.WHITEY COULD BE GIVEN A BONE BY THE JURY:

I don’t think they have any witnesses to Thomas King’s murder.  The jury may cut Whitey a break on this to look like they gave it serious thought to convicting him on the other indictments.

Whitey has said he will testify in order to put the record straight.  He knows he has as much chance of being acquitted as Florida has of not being inundated with snow birds in the winter.  The idea that he is going to say he had a right to kill these poor souls is preposterous.  This is especially true when it comes to the young women.

There is no jury who’d believe him even if he could get AG Eric Holder to produce a writing saying he had that right.  For one thing more than half of the murders were done before he became an informant.  Is he going to allege he got retroactive immunity?  You know something like going to confession.  Martorano says he’s confessed so God has forgiven him.  Whitey may take the same line.  I can’t speak for God but I know no jury will give him a pass.

My present thought continues to be that the whole charade is intended for delay — Whitey wants to avoid going to a more inhospitable lock up.  I don’t know why the government doesn’t cut down on the number.  Just take the killings of the young women first and go with that.  I understand the need to involve the families but they should be content with getting Whitey away to the most severe lock up like ADX.  They can’t expect to learn anything from Whitey if he testifies.

I’ve suggested he has nothing to lose by testifying.  He’s a man with an enormous ego so there’s a good chance that he will even aside from the desire for delay.  But he’s a inveterate liar so no one will know the truth.

What will Whitey gain from testifying.  Perhaps some type of  revenge.  You know everything in his body cries out for this.  He never left any type hurt, even imaginary, to him pass by.  He always wanted his pound of flesh.

Who is he seeking revenge against?  Those who have betrayed him.  First, the FBI who he believes had a deal with him to protect him and then let him twist in the wind.   He can name lots more names and probably produce some juicy tapes.  FBI agent Morris tried to get Whitey hit because he believed he had tape recordings of him.  Maybe he does.

He may also want to bury Weeks by implicating him in more murders than he has confessed to and provide the evidence to back it up.  The same would be for Martorano who is now back on the street.  He allegedly wrote one of his memoirs because of his disdain for him.  He might want to go public with all the names of all the other cops and other law enforcement people he dealt with.

Imagine if he did — the headlines from his testimony would scream out across the country.  I’ve said that this case could make OJ’s look like a BMC John arrest trial.  Whitey would like that.  It wouldn’t bother him one bit to bring as much hurt he could to as many people as he could as long as he appeared as “Mr Tough Guy.”