Category Archives: Uncategorized

Hoisted on His Own Petard: Whitey’s Dilemma

DSC_0005Here’s Whitey Bulger’s problem – he doesn’t want to be called an informant nor does he want to be known as a person who murders women. Say anything else about him and he’ll let it pass. I’ll write about his relationship with women in another post. Now I want to write about him being an informant.

Whitey says he was never an informant. He admits he had a relationship with FBI agent John Connolly. Through his lawyer told a jury that the relationship they had consisted of him paying Connolly hundreds of thousands of dollars in exchange for protection or information that would enable him to protect himself.

I never believed for one second Whitey paid that type of money to Connolly. I did many wiretaps of bookies who I’d later learn were paying tribute to Whitey in exchange for protection. I’d indict a batch of them at a time and since they were caught red-handed the cases involved plea bargaining. One thing I noticed was the last thing these guys would want was to be fined. Probation, suspended sentence, and even a small bit in jail was fine but they squawked the loudest at any suggestion of a fine. It seemed they didn’t want a fine because the persons who had to pay them were those giving the protection, Whitey Bulger and Stevie Flemmi, and they hated to part with their money.

That went along with what Frankie Salemme, a close friend of Flemmi, said of Whitey and Flemmi. He said they loved women and money. He added not necessarily in that order. We heard how Flemmi murdered Debbie Davis because she was going to leave him; you can imagine from that how much these gangsters hated to part with money. So the idea of paying hundreds of thousands for protection is pure rubbish.

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Michelle Kosilek May Have Better Luck In Massachusetts

(1) Lady JustinceOver two years ago Judge Mark Wolf came down with the holding in the case involving Robert Kosilek who was convicted in 1990 of murdering his wife. He changed her name in 1993 to Michelle Kosilek. Wolf ruled that she was entitled to a sex change operation also known as a sex-reassignment surgery that had to be paid for by the Commonwealth of Massachusetts. He based his ruling on the 8th Amendment suggesting it was cruel and unusual punishment for her to be denied that procedure.

I wrote at the time that his order will probably not stand up. I noted how Judge Wolf was the one who held the hearings where Steve Flemmi outed himself as an FBI informant. Flemmi said he could not be charged with the criminal acts because FBI agent Connolly had given him immunity to do them. Judge Wolf bought the argument. He planned to have further hearings to decide if not only Flemmi but also all his criminal friends like John Martorano and Frank Salemme were also entitled to walk free.

The prosecutors appealed to the First Circuit Court of Appeals (Appeals Court). In their argument they suggested Flemmi was a liar and not entitled to be believed. Later, they would use him as their own witness in two cases.

The Appeals Court caught Judge Wolf up short by telling him he was wrong in his findings and rulings. It said an FBI agent had no power to grant immunity to anyone. The court said only a U.S. attorney or an assistant could do that.

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Patriot’s Aaron Hernandez’s Best Catch Ever:

justice weepsThe one catch Aaron Hernandez will always remember is when the Massachusetts Superior Court bosses tossed him Judge Garsh to sit on his case.

Here’s why Aaron Hernandez will forever be delighted Judge Garsh is in charge of his trial. She and the prosecutor McCauley trying the case have had a history of bitterness between them. Now the judge might be the fairest person in the world, as we all think of ourselves to be, but having been attacked in public by the prosecutor who questioned her competence she’d have to be super human not to have some bias against him. Think of yourself, how would you feel about someone who went to a newspaper reporter, said you weren’t up to doing your job, and you read about it in the morning paper. I don’t suppose you’d be inviting him over to your next Super Bowl party.

Here’s what the prosecutor McCauley said to the New Bedford Standard-Times about Judge Garsh which was reported in the newspaper. He said she “issued unfair rulings on evidence.” McCauley had just finished a three week trial in front of her which had 80 witnesses. He said the evidence he offered “was repeatedly limited or excluded by . . . [Judge Garsh] who exhibited antagonism to the commonwealth’s case throughout the course of the trial.” By the way this wasn’t the statement of a sore loser since he won the case.

McCauley went on saying according to the paper that she appeared to have had no background in a murder trial like the one he was trying. He said the prosecutors expected “more from the witnesses and judges who hear these more serious cases.”

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Fall River Votes Today: Yes, It Is In Massachusetts:

Massasoit Chief  - Rare Indian Cigar LabelDid you ever see that map drawn up by some New Yorker that was on the front page of the New Yorker Magazine that shows the United States from a New York City resident’s viewpoint?  Most of the map is dominated by New York City and beyond the Hudson the rest of the country seems to hardly exist other than we see that far off to the west there is some body of water a little larger than the Hudson River called the Pacific Ocean. I think of that when I read the Boston media where everything outside of the immediate metropolitan area seems like areas still occupied by members of King Phillip’s Wampanoag Indian tribe .

Did you ever think that Martha Coakley lost her race for governor because many Massachusetts residents doubted her citizenship after they heard she was born west of the Connecticut River? How many from this area have been to the Massachusetts Museum of Contemporary Art or know it exists and where it is?  I once had a case as a young attorney in superior court out in Berkshire County, or was it Franklin County, and some of the lawyers waiting for their cases to be called ribbed me about being a big city lawyer coming out to the country.

It may surprise many of you but beyond our narrow confines there is a thriving Commonwealth full of other cities and towns. One such place is Fall River. Now this time of year is a busy season where we go send out our cards and got out to stores to buy gifts for others. But in Fall River today its citizens are going out to vote. Yes, within 10 days of Christmas they are having an election.

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A Confederacy of Dunces: Part 7 of 7

ConfederacyBoeri popped in to say had Whitey testified he would have been convicted of all 19 murders rather than the 11. He also reminded Carney that he said Whitey would testify. I’m not sure why that’s important. Boeri should know Carney like to say things but the decision on testifying would come from Whitey.

Bob Bloom said the trial was a political trial since the issue of guilt or innocence wasn’t in play. Carney had admitted up front his client was guilty of much of the stuff. It was far from a political trial. There were lots of bodies, guns and gangsters.

Kelly said Whitey was afraid to be cross-examined because he was a control freak. Carney explained he had gone through cross-examination with four skilled lawyers and was very good at it. He said Jim called the government’s bluff and when the judge said he could not testify about his immunity agreement he rightly called the trial a sham.

The audience asked questions. In response to one Bob Bloom said regulations were not followed and that Whitey’s TEI file did not look like other TEI files. I had my doubts he had seen many TEI files so I don’t know how he concluded this.

Boeri answered one saying the story was the extensive government corruption which shows all involved, the prosecutor, defense lawyer and media want to close their eyes to the TEI program and pretend this is a local Boston issue.

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Patriot’s Aaron Hernandez Case: Massachusetts Justice

justice weepsI suggest the best way to understand what is going on in the Aaron Hernandez case is to tell a story of another homicide. This presents the situation of the Hernandez case in stark terms shorn of all unnecessary facts.

On Tuesday night about 12:30 am Boston police officers are sent to an upscale condo owned by Lotte Lenya in downtown Boston. They had just been notified by Jenny Diver an occupant of the next door condo that she heard loud nerve-wracking desperate screaming for help coming from there.

Jenny’s roommate Sookey Taudry meets them outside. She tells them they heard the screaming and saw a man running out of the front door just before they called. She said he left so fast that the door to the condo was still open. She went in there and saw that Lotte’s friend Lucy Brown was lying on the plush white rug with a circle of crimson forming under her body.

The police officers rushed up to Lotte’s apartment. They saw Lucy Brown lying in a pool of her own blood. They knew they couldn’t help her.

Homicide investor Bradley was called in. He took over the case. An autopsy would later show she had been stabbed multiple times.

Bradley first tracked down Lotte. He found she was at a convention in Chicago. Lotte told him that Lucy lived in New York City but was originally from Boston and would stay with her when she came back there. If Lotte was out-of-town Lucy would notify her if she was going to stay there.

Bradley figured out the homicide occurred about 12:25. He knew if he could find out who Lucy was with that night in the condo he’d have a good idea who did the murder. He asked Lotte when she last heard from Lucy. Lotte said Lucy sent her a text message that night telling her she was going to use the place.

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Waiting for Mayor Walsh’s Apology: The Plight of the Homeless

IRISH 1Northeastern University professor James Alan Fox, president of the Union Park Neighborhood Associationsaid he was “relieved that they’re not going to put 450 homeless people in our neighborhood.” His group is located in the South End. They don’t want to be reminded of these folks by their presence. The same goes for Liz Cahill, co-executive of the Old Dover Neighborhood Association in the South End.

How come people are suddenly and desperately yelling not in my back yard (NIMBY) to the homeless. You see it happened this way. Many of Boston’s homeless were kept out of sight on an island in Boston harbor called Long Island. It could be reached by a 3,450 foot long bridge that went from Squantum in North Quincy. Heading from Boston to that location one would drive by the condo that Whitey Bulger used to own.

Early in October of this year Boston’s Mayor Walsh decided the bridge was unsafe. He shut the homeless facility without any plan as to what to do with the residents. They are now scattered about Boston like sheep on the cliffs of Donegal. Kevin Cullen of the Globe gives an insight into the effects of the abrupt decision.

Mayor Walsh said he closed the bridge for safety reasons. Some suggest other motives.  It really doesn’t matter right now. The almost 500 people who lived there have been just about tossed out onto the street. It’s hard to believe such a decision was made on the eve of  winter without having an alternative plan in place for their housing.

Would it have been so difficult to keep the facility open with a ferry service while figuring out what to do with the displaced persons? The callous way in which this has happened reflects poorly on the mayor. Is this one of those temporary/permanent moves that’ll change Long Island into some type of playground for the rich?

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A Confederacy of Dunces: Part 6 of 7

ConfederacyBoeri to prove Whitey was an informant said the information that Tommy King left Boston after Buddy Leonard was murdered could only have come from Whitey. The background of this is that King and Leonard were members of the Mullins gang that posed a threat to Whitey. He killed King and then Leonard but put Leonard in the trunk of King’s car where it was found. He buried King at Tenean Beach. To throw the suspicion off himself he suggested to Connolly that King killed Leonard and has fled from the city.

That brings me to another discussion that I will not get into at this time. What is the definition of an informant? Is it as Kelly suggests giving information to an FBI agent? Is one an informant if he is providing false information? Or does it involve more, that the person have to give information that will lead to evidence against others.

Bob Bloom jumped in and said it really didn’t matter if Whitey was an informant. He was a great manipulator and business man. He ran organized crime in Boston for 25 years and corrupted the FBI here. Again we find the exaggeration of Whitey’s scope and dealings and there is no mention that the TEI program is behind all that occurred.

Berlinger said the issue didn’t matter to him but Whitey should have explained what he was doing. Kelly said it didn’t matter to guilt or innocence; he said also whether the information is good or bad does not alter the person’s status as being an informant.

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Aaron Hernandez Singing “Plenty of Sunshine Coming My Way” and it ain’t about the Super Bowl.

AAron smilingIf he still prays I’m sure Aaron Hernandez is thanking God for his good fortune in having Judge E. Susan Garsh sitting on his trial. After the most recent hearing if you could have gotten close enough to him you would have heard him singing: “Zip-a-dee-doo-dah, zip-a-dee-ay My, oh my, what a wonderful day. Plenty of sunshine headin’ my way, Zip-a-dee-doo-dah, zip-a-dee-ay.”

The sunshine Aaron is singing about is his freedom which seems close at hand because Judge Garsh’s propensity to agree with his lawyers on matters in dispute. Her reputation is that like the Tower of Pisa she leans. In her case it is toward the defendants. Her rulings in Aaron’s case the other day sure won’t make a dent in that reputation.

That augurs poorly for the prosecutors. They’ll be facing the same type rulings during trial. It’s hard enough to try a high publicity murder case without seeing the judge and the defense lawyers wearing the same team jerseys.

I’ve stated having Judge Garsh sit on this case is a bad idea. She has a history of open disputes with the Bristol County prosecutors. Defense counsel being clever are playing this to their advantage.

An example of her bent away from the prosecution are her rulings keeping out evidence of Aaron’s involvement in prior shootings; keeping out the text statements from the victim of the murder; and not letting a picture of Aaron holding a gun into evidence. The important things she gives to the defense, the unimportant matters to the prosecutors.

Judge Garsh’s decision to keep out of evidence the two text messages Odin Lloyd sent to his sister, one just before he was murdered wrongly denies a big chunk of the evidence of Aaron’s guilt to the prosecutor. They are ““U see who I’m with?” and later “NFL, just so you know.””  

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Will Brady/Kraft Dispute Impact Super Bowl Chances

Brady-Bunch-new-england-patriots-32121646-500-502You won’t read about this in the mainstream media. The reason is access. Those who cover the team know it isn’t in their best interest to be on the wrong side of either Tom Brady or Bob Kraft. If that happens you get cut, not in the way that causes actual bleeding, in the way they used to do in high society which was to not invite you to anything, shun you by crossing the street or jumping in a doorway if they see you coming, putting out the word that anyone who associates with you is to be treated like you as a persona non grata, and basically ignoring your existence. A sports writer on the wrong side of Bob Kraft or Tom Brady might as well restrict his writing to things like the Iditarod sled dog race.

Not being caught up in the sports writers rat race and beyond the wide reach of the Kraft and Brady power I can bring this to the attention of those fans who want to see the Kraft- Brady team in the Super Bowl in the hope the dispute can be resolved and things return to normal.

You’ve heard the expression “A rose is a rose by any other name.” You may have noticed up until this point I have not mentioned the name Patriots. That is for good reason. That is what is behind the dispute.

A little history. The NFL has lately undergone several scandals. As you know the Commissioner Roger Goodell has caused specific studies to be undertaken by various groups both inside and outside the NFL to get a better perspective on what I’ll call the inside story. There has been a lot of publicity about the new rules of conduct he is proposing. Less has been said about the secret study of the attitude of players toward other teams in the league.

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