Wyshak Is Put In Charge: Battern Down The Hatches

IMG_4002I see that Fred Wyshak was promoted to head the Boston U.S. Attorney’s office of public corruption and special investigations. That came as a surprise to me when I read he was replacing the head of it, Brian Kelly, who has gone off to join the Nixon Peabody law firm in Boston. My view of Whitey’s trial was that  Freddy Wyshak ran the show and Kelly was his sidekick.

Kelly was interviewed by Howie Carr shortly before last Christmas. It seems he has become one of Howie’s new best friends. I’ve been told Howie is saying that Kelly will be joining him on his book tours. Maybe Howie can bring along his other best friend Murderman John Martorano. That would make quite a show Kelly and Martorano, who murdered 20 people, laughing it up along with Howie.

Kelly didn’t take too long to go over to the other side. Makes you wonder how he can form this alliance with Martorano’s book partner. I would have thought one of the last persons in the world Kelly would want to associate with would be Howie.

My knowledge of Wyshak had me believing he had few restraints upon him in his dealings. Now, it appears, if he had any he now has none. I not sure that’s really good to have a guy in his 60s who has done nothing all his life except prosecute cases in charge of making decisions on what is and what is not public corruption.

An example of Wyshak’s lack of judgment is the case involving John O’Brien and the  two other probation officers who are facing charges that could bring over twenty years in prison because they hired some people based upon the recommendations of high-ranking people in the Massachusetts Legislature and judiciary. You’d think if there were a crime here then those that instigated it would also be charged. Yet Wyshak gave all the legislators and the judges a pass but not the people doing their bidding.

The federal crime committed by the probation officers is that even though they hired qualified people they did not hire the most qualified people according to Wyshak’s standards. They then used the mail to tell the more qualified people they were not hired. The criminal gain they achieved was not to put money in their pockets but to have the probation department receive an increase in its budget.

The case arose after the Boston Globe did a Spotlight Report on the probation department. There seems to be a pattern that after the Globe does such a story the U.S. Attorney in Boston takes action. We are in sad times when newspapers become partners with the government.

We heard in the Whitey trial how Globe Spotlight Reporter became upset that the FBI did not find any criminal violation by Billy Bulger in the 75 State Street investigation. He called FBI Supervisor John Morris and urged him to keep the matter alive. We’ve seen the U.S. Attorney’s office leak grand jury minutes to the Boston Globe. Some day a clever defense lawyer will want to learn exactly what the communications are between the Globe and the Boston U.S. Attorney’s office.

Some suggest Wyshak was lured into the case because a Bulger, one of Whitey’s nephew’s, was part of it. Wyshak has said the downfall of FBI Agent John Connolly came about because he got too close to “the Bulgers and Southie,” so there may be validity to that suggestion. Yet despite Wyshak’s valiant efforts he came up with nothing against nephew Bulger. (How entirely innocent he must be!) But he’s stuck with the others and has to try to spin it into something that it isn’t.

George F. Will wrote a column last November 1 about the Carol Bond case.  Carol learned her husband had impregnated her best friend and became, as you might expect, a wee bit upset. Carol put toxic chemicals into her friend’s car causing chemical burns on her thumb. She was charged by the federal government pursuant to legislation Congress passed to implement the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. Will said: the federal government did not intervene in the Bond case because her action threatened a distinctly federal interest. It intervened because it thought it could: Government’s will to power is an irresistible force until it meets an immoveable object — a court. Which is why our Constitution requires not judicial deference but active judicial engagement in defense of its liberty-protecting structure. And why the case of the mildly injured thumb matters so much.”

Will also noted a judge who concurred in the decision on her case called it: “a troublesome example of the federal government’s appetite for criminal lawmaking” (the federal criminal code includes more than 4,450 crimes). He hoped the Supreme Court would “clarify (indeed curtail) the contours of federal power” to intrude on local matters.

The O’Brien case, if it is criminal at all, never should have gone to federal court. When you have to use the mail fraud statute to indict people without criminal records and who put nothing in their own pockets you have gone over the edge. Mail fraud, money laundering, obstruction of justice, are charges that can easily be brought. It is hoped in the Carol Bond case the Supreme Court will tell the federal prosecutors to stay out of the state’s business.

According to reports in the O’Brien case, Wyshak is up to his old trick of withholding evidence from the defendants. US District Court Judge F. Dennis Saylor IV who is handling the trial suggested Wyshak was trying “to make the defense scramble in a way on the eve before trial.” Wyshak fired back at him: “It’s the same motion, time and time and time again. The only thing that’s different is the name of the defendant.” In other words he’s usually hiding stuff until the last minute.

Wyshak was hardly bothered that some judge would object to his last minute chicanery of giving defendants documents he had sat on for a over a year despite his continuing obligation to do so. But he knew the judge would not do anything about it. It’d turn out Judge Saylor, another judge who was a former federal prosecutor, fell in  line and caved to Wyshak.

Wyshak’s forte is trial by ambush. His act has traditionally been approved by the judges. He’s a good one to put in charge of a unit where others will learn from his example.












    • SJM:

      Thanks, I missed that. I knew the film was going to be shown in Sundance but did not expect the usual suspects to show up there. Unfotunately, the film maker is pretty oblivious. This statement took me back a little: “But if he was not an informant and was simply paying people off, and his [FBI] superiors were allowing that to happen because they were using his name on affidavits for search warrants so that mob arrests could be made, and the government is covering up that kind of behavior, we all as citizens deserve to know that.” Makes no sense as you probably know. But then again much of the story we have been spoon fed about Whitey makes no sense when reading the media.

  1. Will is right about prosecutorial overreach. But don’t rely on the Courts to solve it. The people are going to have to put in power elected officials to defund the DOJ if it persists in manufacturing crime. We’ve seen plenty of abuse in the Federal Court in Boston e.g. the Connolly case. Sending a letter to a judge is Obstruction of Justice and a Rico violation. Two hundred years ago they had the Alien and Sedition Acts to prevent criticism of government. Now they use Rico and fake claims about Obstruction of Justice to chill dissent and alternative views. 2. The Boeri piece was interesting. Hope there is a follow up. Is it Obstruction of Justice to hamper or prevent the release of a public record? Can Police reports be hidden forever as long as you claim threat or invoke the under investigation defense? If a murder takes place in downtown Boston and a passerby takes a photo of the killer then turns it over to the FBI. The photo turns out to be of Pat Nee. Would the Feds have a news conference asking for the public’s help in identifying the assailant? Tamerlan Tsarnaev was not an unknown to the FBI. The press conference was a ruse. 3. Brezenzshki’s testimony before the Senate Committee was informative. He emphasized that Russia is changing and we need their help in solving some Middle East problems. He wants Ukraine to follow Poland’s example. Says it would be a huge blunder for Russia to try to become an imperial power again. Also warns U. S. not to get too close to European Powers( France and Britain) who are much disliked in the Middle East. 4.Won’t all the evidence in the Boston murders be admitted against Hernandez in the Lloyd killing to show motive? If it is whatever chance he might have had completely evaporates.

    • NC:
      The people have put in power people who continually manufacture new crimes: Congress.
      Connolly’s letter was sent anonymously, the sign of a man firm in his belief. He was rightfully charged and convicted.
      2. The FBI as the unit that decides the law of the land cannot be guilt of obstruction: it can only find obstruction in others. Of course the FBI either knew or should have known Tamerlan; why else do you think they had teams of agents in Cambridge the night the video was made – they knew who they were looking for but wanted to pretend they didn’t and then make great news gathering him in. Unfortunately, they screwed up and a MIT police officer was murdered and the city went into shelter mode while armed cops roamed the streets as if we were being invaded by the French Canadians.
      3. Brezenski is one smart man who I think should have been in on more of our decisions. He might want Ukraine to follow Poland but Putin has other ideas. Wait until after the Olympics and see the Ukrainian/Russian crackdown on the protestors. As far as being disliked in the Middle East, France and Britain would have to go a long way to beome more hated than the U.S.
      4. If the Boston cops have evidence against Hernandez, like they have evidence against Nee, Winter and others involved in murder, they should indict those people. I agree Hernandez would be toast if the evidence could come in but the judge hates the prosecutor and is enamored of the defense team (this isn’t federal court) so it will be kept out.

  2. Matt,

    What’s your take on the whole Aaron Hernandez situation? Why don’t you think any charges have been filed in the double murder he’s accused of in 2012? There is a lot of fishy stuff going on in this trial. There was an affidavit with redacted paragraphs that weren’t sharpied out, they were blank. Would like to hear your perspective on this whole ordeal.

    • *Investigation, not trial.

    • Jim:
      Suffolk DA/Boston Police don’t have a case against Hernandez or at least a case strong enough to prosecute. With a murder case since there is no statute of limitations you seek to have as strong a case as possible. If it was one where a statute was about to run out you may go with less strong evidence. But the problem is that for some people you can never have a strong enough case so it may never be prosecuted.
      The Suffolk DA has other murder cases involving Nee, Winter and others involved in murders with Whitey, Weeks, Martorano, and Flemmi and has done nothing about them.
      But overall I’d guess, and it is only a guess, that the witnesses and evidence they have are weak and will not stand up close examination. If the guy Hernandez is indicted for the murder was the only one there with Hernandez then that makes the case quite difficult. I haven’t focused on it too much but perhaps I will take a closer look at it.

      • Something tells me Nee might be protected by Wyshak as well. Just a hunch.

        • Jim:

          Clearly he is being protected. I think it shows the length Wyshak went to get evidence against Whitey that he allowed Weeks and Martorano to protect people who were murderers. They agreed they would give him evidence against Whitey but not against other people involved in murders. Pretty shoddy.

      • Matt- AAron Hernandez is going to be in jail forever, You definitely need to read the outline of it all. The NFL/ESPN detectives will bury him, it will be on the level of Jerry Sandusky type 3 ring circus, Hernandez has no shot at beating this. Nevermind the double murder he is allegedly now fucked for, Do not forget the guy Bradley he also shot in the face and took his eye. It is gonzo for him, Sherriff Hodgson’s prized possession.

        • Doubting:

          You’re right that I know little about Hernandez’s case. I did listen when the Bristol County prosecutor made his initial presentation showing that they could put Hernandez at the scene of the murder. However, I believe he was not the only one there. If there were others then the prosecutor may have a problem. I’m not sure how the NFL/ESPN detectives add to the picture.

          Hernandez’s shot seems pretty good because the judge seems to have an animus toward the prosecutor and may want to cuddle up to defense attorneys with her rulings. That remains to be seen.

          Bradley has apparently sued Hernandez for shooting him in the eye. Bradley is also alleged to be with Hernandez the night the Boston double homicide occurred. If the latter is true, Bradley has to be quiet about that or he’ll implicate himself. I’ve got some funny feelings that things in all these cases are not as clear cut as some would want us to believe. A Suffolk County grand jury is investigating it: it’ll be interesting to see what it (what the DA tells it) to do.