[House Report 108-414]
[From the U.S. Government Publishing Office]




 
108th Congress 2d Session  HOUSE OF REPRESENTATIVES       Report
                                                          108-414
_______________________________________________________________________

                                     
                                     
                                     

                                                 Union Calendar No. 237

EVERYTHING SECRET DEGENERATES: THE FBI'S USE OF MURDERERS AS INFORMANTS

                               ----------                              

                              THIRD REPORT

                                 by the

                     COMMITTEE ON GOVERNMENT REFORM

                             Volume 1 of 2

                             together with

                 MINORITY AND ADDITIONAL MINORITY VIEWS


                                     


                                     

  Available via the World Wide Web: http://www.gpo.gov/congress/house
                      http://www.house.gov/reform

February 3, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
EVERYTHING SECRET DEGENERATES: THE FBI'S USE OF MURDERERS AS INFORMANTS
108th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                108-414
_______________________________________________________________________

                                     

                                     

                                     

                                                 Union Calendar No. 237

EVERYTHING SECRET DEGENERATES: THE FBI'S USE OF MURDERERS AS INFORMANTS

                               __________

                              THIRD REPORT

                                 by the

                     COMMITTEE ON GOVERNMENT REFORM

                             Volume 1 of 2

                             together with

                 MINORITY AND ADDITIONAL MINORITY VIEWS


                                     


                                     

  Available via the World Wide Web: http://www.gpo.gov/congress/house
                      http://www.house.gov/reform

February 3, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                     COMMITTEE ON GOVERNMENT REFORM

                     TOM DAVIS, Virginia, Chairman
DAN BURTON, Indiana                  HENRY A. WAXMAN, California
CHRISTOPHER SHAYS, Connecticut       TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida         MAJOR R. OWENS, New York
JOHN M. McHUGH, New York             EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida                PAUL E. KANJORSKI, Pennsylvania
MARK E. SOUDER, Indiana              CAROLYN B. MALONEY, New York
STEVEN C. LaTOURETTE, Ohio           ELIJAH E. CUMMINGS, Maryland
DOUG OSE, California                 DENNIS J. KUCINICH, Ohio
RON LEWIS, Kentucky                  DANNY K. DAVIS, Illinois
JO ANN DAVIS, Virginia               JOHN F. TIERNEY, Massachusetts
TODD RUSSELL PLATTS, Pennsylvania    WM. LACY CLAY, Missouri
CHRIS CANNON, Utah                   DIANE E. WATSON, California
ADAM H. PUTNAM, Florida              STEPHEN F. LYNCH, Massachusetts
EDWARD L. SCHROCK, Virginia          CHRIS VAN HOLLEN, Maryland
JOHN J. DUNCAN, Jr., Tennessee       LINDA T. SANCHEZ, California
JOHN SULLIVAN, Oklahoma              C.A. ``DUTCH'' RUPPERSBERGER, 
NATHAN DEAL, Georgia                     Maryland
CANDICE S. MILLER, Michigan          ELEANOR HOLMES NORTON, District of 
TIM MURPHY, Pennsylvania                 Columbia
MICHAEL R. TURNER, Ohio              JIM COOPER, Tennessee
JOHN R. CARTER, Texas                CHRIS BELL, Texas
WILLIAM J. JANKLOW, South Dakota                 ------
MARSHA BLACKBURN, Tennessee          BERNARD SANDERS, Vermont 
                                         (Independent)

                       Peter Sirh, Staff Director
                 Melissa Wojciak, Deputy Staff Director
                    J. Keith Ausbrook, Chief Counsel
                      Rob Borden, Parliamentarian
                      Randy Kaplan, Senior Counsel
                         Chad Bungard, Counsel
                       Ann Marie Turner, Counsel
                   Allyson Blandford, Office Manager
                       Teresa Austin, Chief Clerk
              Philip M. Schiliro, Minority Staff Director
                  Phil Barnett, Minority Chief Counsel
             Michael Yeager, Minority Deputy Chief Counsel
  
?

                         LETTER OF TRANSMITTAL

                              ----------                              

                                  House of Representatives,
                                  Washington, DC, February 3, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: By direction of the Committee on 
Government Reform, I submit herewith the committee's third 
report to the 108th Congress.
                                                 Tom Davis,
                                                          Chairman.

                                 (iii)

                                     
                            C O N T E N T S

                              ----------                              
                                                                   Page

                                Volume 1

  I. Executive Summary................................................1
 II. Why the Committee Investigated these Matters.....................9
III. Joseph Barboza and the Deegan Murder Prosecution: An Extraordinary 
     Failure to Serve the Ends of Justice............................10
        A. Barboza, the Flemmis, and the Deegan Murder 
            Prosecution..........................................    10
              1. Joseph ``The Animal'' Barboza...................    11
              2. The Murder of Edward ``Teddy'' Deegan...........    13
              3. Developing the Flemmi Brothers as Informants....    15
              4. The Deegan Murder Prosecution...................    17
                  i. Barboza's Pretrial Dealings with Federal 
                      Officials..................................    19
                  ii. Barboza's Grand Jury Testimony.............    22
                  iii. Barboza's Testimony Compared to 
                      Preexisting Information....................    25
                  iv. Anthony Stathopoulos and the Deegan Murder 
                      Prosecution................................    32
                  v. Federal Involvement in the Deegan 
                      Prosecution................................    33
              5. The Failure to Prosecute Raymond Patriarca......    41
              6. Post-Conviction Indications That a Grave 
                Miscarriage of Justice Had Occurred..............    42
              7. The Deegan Murder Defendants After Conviction...    48
                  i. Joseph Salvati..............................    48
                  ii. Peter Limone...............................    54
              8. Efforts to Protect Stephen Flemmi After the 
                Deegan Murder Trial..............................    56
              9. The Misuse of the Flemmi Brothers as Informants: 
                Two Human Perspectives...........................    62
        B. Interference with State Law Enforcement...............    64
              1. California......................................    65
                  i. Joseph Barboza's Relocation to California...    65
                  ii. The Murder of Clay Wilson..................    70
                  iii. The Clay Wilson Murder Trial in California    76
                  iv. Joseph Barboza Returns to Prison...........    81
              2. Nevada..........................................    83
              3. Oklahoma........................................    89
              4. Florida.........................................    92
              5. Massachusetts...................................    93
                  i. Operation Lobster...........................    93
                  ii. The Lancaster Street Garage................    94
                  iii. The Howard Johnson's Investigation........    95
                  iv. The DEA Investigation......................    95
              6. Connecticut.....................................    96
              7. Rhode Island....................................    98
 IV. The Use of James ``Whitey'' Bulger as An Informant Raised 
     Questions About Whether the FBI Used its Authority to Advance or 
     Protect Former Massachusetts State Senate President William Bul103
        A. William Bulger's Testimony Before the Committee.......   104
              1. FY82 Massachusetts State Budget Line Item.......   105
              2. 75 State Street Real Estate Venture.............   106
              3. Massachusetts State Police Trooper Billy 
                Johnson's Encounter with James ``Whitey'' Bulger 
                at Logan Airport.................................   108
              4. William Bulger's Relationship with Former FBI 
                Special Agent and James ``Whitey'' Bulger's 
                Handler, John Connolly...........................   109
              5. William Bulger's January 1995 Telephone 
                Conversation with James ``Whitey'' Bulger........   111
              6. FBI Contact with William Bulger and the Bulger 
                Family Concerning James ``Whitey'' Bulger's 
                Whereabouts......................................   112
        B. Subsequent Investigation of William Bulger's Testimony   113
              1. Interview of John Gamel.........................   114
              2. Interview of Carl Gustin........................   116
              3. Interview of William Nally......................   118
              4. Interview of Robert Zoulas......................   120
              5. Contact with John O'Donovan.....................   120
              6. Contact with Peter Agnes........................   121
              7. Research at Massachusetts State House and 
                Library..........................................   121
  V. Institutional Reluctance to Accept Oversight...................124
        A. Congressional Oversight...............................   124
              1. The Patriarca Microphone Surveillance Logs......   126
              2. Documents Pertaining to Robert Daddeico.........   126
              3. U.S. Attorney's Office Gangland Murder Summaries   127
        B. Institutional Oversight...............................   128
        C. The Claim of Executive Privilege Over Key Documents...   129
              1. The Committee's Request for the Documents.......   129
              2. The President's Claim of Executive Privilege....   130
              3. The Justice Department's Shifting Explanations..   130
                  i. The Administration's Denial that it Was 
                      Creating an Inflexible Policy..............   131
                  ii. The Administration's Failure to Compromise 
                      with the Committee.........................   131
                  iii. The Administration's Misrepresentations 
                      Regarding Historical Precedent.............   131
              4. The Justice Department Finally Provided the 
                Committee with Access to the Subpoenaed Documents   132
              5. The Documents Which Were Withheld Contained 
                Vital Information................................   134
 VI. Conclusions and Recommendations................................135

                               APPENDICES

Appendix I.--Committee Correspondence............................   137
Appendix II.--FBI Office of Professional Responsibility Report...   381

                               CHRONOLOGY

Chronology of events from the 40's through 2002..................   452
Selected exhibits 1 through 350..................................   631

                                Volume 2

Selected exhibits 351 through 981................................  1803

                                 VIEWS

Minority views of Hon. Henry A. Waxman, Hon. Tom Lantos, Hon. 
  Major R. Owens, Hon. Bernard Sanders, Hon. Elijah E. Cummings, 
  Hon. Dennis J. Kucinich, Hon. Diane E. Watson, Hon. Stephen F. 
  Lynch, and Hon. Eleanor Holmes Norton..........................  3514
Additional minority views of Hon. John F. Tierney, Hon. Stephen 
  F. Lynch, Hon. Elijah E. Cummings, and Hon. Bernard Sanders....  3517
  
                                                 Union Calendar No. 237
108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-414

======================================================================


EVERYTHING SECRET DEGENERATES: THE FBI's USE OF MURDERERS AS INFORMANTS

                                _______
                                

February 3, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform 
                        submitted the following

                              THIRD REPORT

    On November 20, 2003, the Committee on Government Reform 
approved and adopted a report entitled, ``Everything Secret 
Degenerates: The FBI's Use of Murderers as Informants.'' The 
chairman was directed to transmit a copy to the Speaker of the 
House.

                          I. Executive Summary

    Federal law enforcement officials made a decision to use 
murderers as informants beginning in the 1960s. Known killers 
were protected from the consequences of their crimes and 
purposefully kept on the streets. This report discusses some of 
the disastrous consequences of the use of murderers as 
informants in New England.
    Beginning in the mid-1960s, the Federal Bureau of 
Investigation (``FBI'' or ``Bureau'') began a course of conduct 
in New England that must be considered one of the greatest 
failures in the history of federal law enforcement. This 
Committee report focuses on only a small segment of what 
happened. It discusses primarily the 1965 murder of Edward 
``Teddy'' Deegan, the subsequent prosecution of six defendants 
for that murder, and the actions of federal law enforcement 
officials to protect cooperating witness Joseph ``The Animal'' 
Barboza and government informants Jimmy ``The Bear'' Flemmi and 
Stephen ``The Rifleman'' Flemmi.
    In order to understand the FBI's misuse of informants in 
New England, it is essential to examine the Deegan murder 
prosecution. The story of this trial and subsequent events 
provides a foundation to assess what happened during the 1970s, 
1980s, and 1990s, when Stephen Flemmi and James ``Whitey'' 
Bulger allegedly murdered at least 19 individuals while serving 
as government informants. It is now clear that FBI Special 
Agent John Connolly developed an improper relationship with 
Whitey Bulger and others who served as government informants. 
Connolly now stands convicted of obstruction of justice for his 
role in helping Whitey Bulger escape by tipping him off to his 
impending indictment. Stephen Flemmi, as part of his plea 
agreement, has also implicated Connolly in providing 
information that resulted in the murder of others.
    The results of the Committee's investigation make clear 
that the FBI must improve management of its informant programs 
to ensure that agents are not corrupted. The Committee will 
examine the current FBI's management, security, and discipline 
to prevent similar events in the future.
    This report finds that:

  LFederal law enforcement personnel appear to have 
tolerated, and perhaps encouraged, false testimony in a state 
death penalty prosecution. When Joseph Barboza testified in the 
1968 trial of six men for the murder of Teddy Deegan, his 
testimony was contradicted by a compelling body of evidence 
collected by federal law enforcement. Most of this evidence was 
kept from defendants and prosecutors. In all probability, this 
happened because informants were being protected and some 
officials at the FBI adopted an ``ends justifies the means'' 
approach to law enforcement. To date, there have been no 
adverse consequences for those who permitted the false 
testimony.

  LAs a result of Barboza's false testimony, four men 
were sentenced to death and two men were sentenced to life in 
prison. Evidence provided to the Committee indicates that four 
of these individuals did not commit the crime for which they 
were convicted. Two died in prison and the other two spent in 
excess of thirty years in prison. Furthermore, federal 
officials appear to have taken affirmative steps to ensure that 
the individuals convicted would not obtain post-conviction 
relief and that they would die in prison.

  LRaymond Patriarca was one of the most significant 
organized crime figures in the United States in the 1960s. He 
was one of the Justice Department's top targets for 
prosecution. According to documents provided to the Committee, 
the Justice Department had microphone surveillance information 
indicating that Patriarca sanctioned the murder of Teddy 
Deegan, and that Vincent James Flemmi (``Jimmy Flemmi'') and 
Joseph Barboza committed the crime a few days after Patriarca 
gave his assent to the murder. When asked if Patriarca would 
have been complicit in the Deegan murder, Judge Edward 
Harrington, then a top federal prosecutor intimately involved 
with cooperating witness Joseph Barboza, stated, ``No doubt 
about it.'' Later, federal prosecutors were able to obtain the 
cooperation of Joseph Barboza. Two unanswered questions arise 
from these facts. First, was Patriarca not prosecuted for his 
involvement in the Deegan murder because Joseph Barboza would 
not tell the true story about the Deegan murder, thereby 
implicating Jimmy Flemmi? Second, did federal officials refrain 
from indicting Patriarca for the applicable federal crimes 
relating to the Deegan murder because the federal government 
would have been compelled to provide all defendants with 
evidence from the microphone surveillance of Patriarca that 
would have undermined Barboza's testimony?

  LThe FBI had microphone surveillance that Joseph 
Barboza and Jimmy Flemmi intended to murder Teddy Deegan, and 
that Raymond Patriarca was involved in the conspiracy to commit 
this murder. Nevertheless, little appears to have been done to 
prevent Deegan from being killed. On the same day that the 
murder occurred, Jimmy Flemmi was assigned to be developed as 
an informant by FBI Special Agent H. Paul Rico. Unfortunately, 
many documents that might shed light on whether false testimony 
in the Deegan murder trial was tolerated to develop Jimmy 
Flemmi as an informant have been redacted by the Justice 
Department, and the Committee has been unable to do a thorough 
investigation of this matter. Furthermore, the Justice 
Department has withheld potentially significant information 
pertaining to informants, which has created additional 
investigative hurdles.

  LMicrophone surveillance of Raymond Patriarca 
indicated Jimmy Flemmi's motive for killing Teddy Deegan. This 
motive clearly contradicted Joseph Barboza's testimony that 
Deegan was killed because Patriarca wanted revenge for a 
burglary and for the murder of Rico Sacrimone. In fact, Flemmi 
indicated that his interest in killing Deegan was based on 
matters pertaining to the McLean-McLaughlin gang war. The FBI 
was aware of this discrepancy, but allowed Barboza to provide a 
false rationale for the Deegan murder.

  LCompelling evidence indicates that Jimmy Flemmi did 
participate in the murder of Teddy Deegan. Nevertheless, he was 
not prosecuted for the murder. This leads to three areas of 
particular concern. First, was Flemmi spared prosecution for 
murder because of his role as a government informant? Second, 
was Joseph Barboza permitted to leave Flemmi out of his 
testimony in exchange for testimony against others? Third, was 
Jimmy Flemmi spared prosecution for murder because the federal 
government was using his brother, Stephen ``The Rifleman'' 
Flemmi, as a ``Top Echelon'' informant? Unfortunately, it is 
difficult to provide a definitive answer to these questions 
because the Committee has been denied access to potentially 
relevant evidence.

  LWhen FBI Special Agents H. Paul Rico and Dennis 
Condon developed Joseph Barboza as a cooperating witness, 
Barboza told them that he would not provide information that 
would allow Jimmy Flemmi to ``fry,'' which should have alerted 
federal officials that Barboza would not provide accurate 
testimony as part of the Deegan murder prosecution. There is no 
evidence that any affirmative steps were taken to prevent 
Barboza from committing perjury in the Deegan capital murder 
trial, or to communicate to prosecutors or the court that 
Barboza had previously told the FBI he would not provide 
information about Jimmy Flemmi. Furthermore, it appears that 
the FBI's knowledge regarding Jimmy Flemmi's motive for killing 
Deegan was withheld until March of 2003. The failure to press 
Barboza regarding Flemmi's involvement in the Deegan murder 
appears to support the conclusion that Barboza's false 
testimony was acceptable to some law enforcement officials.

  LThe lead prosecutor in the Deegan case testified 
that if he had the information available to the FBI, he not 
only would have refrained from seeking the death penalty, he 
never would have indicted the defendants. He said:

        I must tell you this, that I was outraged--outraged--at 
        the fact that if [the exculpatory documents] had ever 
        been shown to me, we wouldn't be sitting here . . . I 
        certainly would never have allowed myself to prosecute 
        this case having that knowledge. No way. . . . That 
        information should have been in my hands. It should 
        have been in the hands of the defense attorneys. It is 
        outrageous, it's terrible, and that trial shouldn't 
        have gone forward.

   LHe further testified that he now believes that Barboza's 
FBI handlers ``knew from the beginning that Joe Barboza was 
lying. . . . They have a witness that they knew was lying to 
me, and they never told me he was lying.'' He concluded: ``[The 
FBI] figured, well, let's flip Joe, and let Joe know that we're 
not going to push him on his friend Jimmy Flemmi. So they let 
Joe go on and tell the story, leaving out Jimmy Flemmi; and 
then Jimmy Flemmi is allowed to go on and be their informer.''

  LOn January 5, 2001, Judge Margaret Hinkle of the 
Suffolk County Superior Court stated, in granting defendant 
Peter Limone a new trial:

        [T]he jury would likely have reached a different 
        conclusion by this previously undisclosed evidence for 
        two principal reasons. First, the new evidence 
        [previously undisclosed FBI documents] casts serious 
        doubt on Barboza's credibility in his account of 
        Limone's role. Second, the new evidence reveals that 
        Vincent James Flemmi, a participant of some sort in the 
        Deegan murder, was an FBI informant around the time of 
        the murder.

   LThus, the court system responsible for the Deegan trial now 
recognizes that evidence in the hands of federal officials was 
indispensable to the administration of justice in the Deegan 
murder prosecution.

  LSenior staff close to FBI Director J. Edgar Hoover 
were kept personally informed of steps taken to develop Joseph 
Barboza as a cooperating witness. Hoover or other senior law 
enforcement officials were in possession of information that 
could have led them to the conclusion that Barboza was 
committing perjury in a capital murder case. If Barboza had not 
been permitted to lie at trial, those indicted would not have 
been convicted. Furthermore, when Barboza was part of the 
Witness Protection Program, affirmative steps were taken to 
help him escape the consequences of a murder he committed in 
California. Director Hoover's office was aware of these 
initiatives.

  LSenior FBI staff--and possibly FBI Director J. Edgar 
Hoover--appear to have been personally involved in decisions 
relating to the development of Jimmy Flemmi as an informant. 
Notwithstanding the fact that those officials had received 
reports by memorandum that Flemmi wanted ``to become recognized 
as the No. One `hit man' in this area as a contract killer'' 
and that Flemmi had committed seven murders, ``and, from all 
indications, he is going to continue to commit murder[,]'' the 
FBI continued its efforts to develop and keep Flemmi as a Top 
Echelon criminal informant. There was no evidence that anyone 
expressed concern that Jimmy Flemmi would kill people while 
serving as a government informant. This is consistent with what 
happened later when agents in the FBI's Boston office used 
Stephen Flemmi and James Bulger--who appear to have been 
involved in at least nineteen homicides--as informants for 
nearly a quarter of a century.

  LNumerous murders--well in excess of 20--were 
allegedly committed by government informants Jimmy Flemmi, 
Stephen Flemmi, and James Bulger. Evidence obtained by the 
Committee leaves no doubt that at least some law enforcement 
personnel, including officials in FBI Director Hoover's office, 
were well aware that federal informants were committing 
murders.

  LThe Committee received testimony and other evidence 
that major homicide and criminal investigations in a number of 
states--including Massachusetts, Connecticut, Oklahoma, 
California, Nevada, Florida and Rhode Island--were frustrated 
or compromised by federal law enforcement officials intent on 
protecting informants. It appears that federal law enforcement 
actively worked to prevent homicide cases from being resolved.

  LWhen the FBI Office of Professional Responsibility 
conducted an investigation of the activities of New England law 
enforcement, it concluded in 1997: ``There is no evidence that 
prosecutorial discretion was exercised on behalf of [James] 
Bulger and/or [Stephen] Flemmi.'' This is untrue. Former U.S. 
Attorney Jeremiah O'Sullivan was asked at the December 5, 2002 
Committee hearing whether prosecutorial discretion had been 
exercised on behalf of Bulger and Flemmi, and he said that it 
had. A review of documents in the possession of the Justice 
Department also confirms this to be true. Had the Committee 
permitted an assertion of executive privilege by the President 
to go unchallenged, this information would never have been 
known. That the Justice Department concluded that prosecutorial 
discretion had not benefited Bulger or Flemmi--while at the 
same time fighting to keep Congress from obtaining information 
proving this statement to be untrue--is extremely troubling.

  LAlthough the Committee's investigation focused on 
the Deegan murder, a few observations must be made regarding 
James Bulger and Stephen Flemmi:

     LFormer U.S. Attorney Jeremiah O'Sullivan 
testified that he was aware Bulger and Flemmi were murderers, 
but that they were not indicted in a race-fixing case because 
they were minor players and their role was confined to 
receiving ill-gotten gains from the illegal scheme. When 
confronted at a hearing with his own memorandum indicating that 
Bulger and Flemmi had a substantial role in every part of the 
criminal enterprise, O'Sullivan testified ``[Y]ou got me[.]''

     LFormer U.S. Attorney Jeremiah O'Sullivan 
testified that there were fundamental problems between federal 
prosecutors and FBI investigators. O'Sullivan stated, for 
example, ``[I]f you go against [the FBI], they will try to get 
you. They will wage war on you. They will cause major 
administrative problems for me as a prosecutor.'' O'Sullivan 
also testified that it ``would have precipitated World War III 
if I tried to get inside the FBI to deal with informants. That 
was the holy of holies, inner sanctum. They wouldn't have 
allowed me to do anything about that[.]'' O'Sullivan had so 
little confidence in the FBI that he recommended that federal 
agencies other than the FBI participate in a state 
investigation of Bulger and Flemmi. Upon learning that 
O'Sullivan circumvented the FBI, the head of the Boston FBI 
office berated O'Sullivan for targeting Bureau informants for 
investigation.

     LThe use of James ``Whitey'' Bulger as an 
informant specifically undermined public confidence in the 
integrity of state government by raising serious questions 
about whether the FBI used its authority to protect former 
Massachusetts State Senate President William Bulger from 
scrutiny by law enforcement or to advance his political career 
and whether he, in turn, used his authority improperly and with 
impunity to punish those who investigated his brother.

     LFormer State Senate President and now former 
University of Massachusetts President William M. Bulger's 
exercise of his Fifth Amendment rights before the Committee in 
December 2002 delayed Congress's receipt of his testimony 
regarding Bulger's possible knowledge of the favors done by FBI 
agents for James Bulger, his knowledge of whether FBI personnel 
assisted his own political career, his relationship with 
convicted former FBI Agent John Connolly, whether state 
government actions discouraged investigations of James Bulger, 
and other information pertinent to the Committee's 
investigation.

     LThe evidence before the Committee was 
insufficient to substantiate that William Bulger was complicit 
in any effort by federal law enforcement to advance his career 
or that he took any action to punish those who investigated his 
brother. William Bulger's testimony before the Committee, 
however, with respect to the FBI's efforts to contact him 
regarding his brother's whereabouts appeared to be inconsistent 
with a former Special Agent's recollection and his 
contemporaneous report of his efforts to contact William 
Bulger. Nor could the Committee substantiate William Bulger's 
testimony that he informed his lawyer who informed law 
enforcement of a telephone call with James ``Whitey'' Bulger 
after he fled.

     LEvidence regarding the relationship of former FBI 
agent John Connolly and other FBI officials with James 
``Whitey'' Bulger and other informants remains the subject of 
ongoing law enforcement efforts. The plea agreement of Stephen 
Flemmi has implicated John Connolly in other murders and 
resulted in the arrest of former FBI agent H. Paul Rico for the 
1981 murder of Oklahoma businessman Roger Wheeler. Evidence 
related to these ongoing law enforcement efforts, including the 
testimony of John Connolly, has not been available to the 
Committee to date.

  LThe Justice Department made it very difficult for 
this Committee to conduct timely and effective oversight. 
Commenting specifically on the situation of Joseph Salvati, 
former FBI Director Louis Freeh stated that the case is 
``obviously a great travesty, a great failure, disgraceful to 
the extent that my agency or any other law enforcement agency 
contributed to that.'' Nevertheless, notwithstanding the 
certainty that a terrible injustice occurred, a number of steps 
were taken that were a major impediment to the Committee's 
investigation:

     LExecutive privilege was claimed over documents 
important to the Committee's investigation. Although the 
Committee eventually obtained access to the documents sought, 
months of investigative time was lost.

     LDisregarding a Committee document request made on 
June 5, 2001, the Justice Department failed to make adequate 
effort to provide the Committee with important FBI 209 
interview summaries that purportedly document former FBI 
Special Agent H. Paul Rico's use of Stephen Flemmi in efforts 
to obtain Joseph Barboza's testimony in the Deegan murder case.

     LMany documents received by the Committee were 
unnecessarily redacted, making it difficult to understand the 
substance and context of the factual information communicated.

     LThe Justice Department claimed that it was unable 
to locate significant information sought by the Committee. For 
example, four months after its April 16, 2002 request for 
documents related to a key witness, Robert Daddeico, who was 
also well known to the FBI and the Justice Department, the 
Justice Department claimed it needed more information to be 
able to identify ``Robert Daddeico'' in Justice Department 
files.

     LThe Justice Department failed to produce to the 
Committee a document until December 16, 2002 prepared for the 
U.S. Attorney's Office in Boston in 1966 which indicates 
contemporaneous knowledge of who committed the Deegan murder.

     LAnother extremely disturbing document production 
failure pertains to a June 5, 2001, request to the Justice 
Department to produce ``all audiotape recordings, telephone 
wiretaps, other audio interceptions and transcripts relating to 
Raymond Patriarca from January 1, 1962, to December 31, 1968.'' 
Because Barboza and Flemmi traveled to Rhode Island to get 
Patriarca's permission to kill Teddy Deegan, and because there 
was microphone surveillance capturing conversations, documents 
pertaining to this request were of paramount importance to the 
Committee. Indeed, the Justice Department was aware of the 
importance attributed by the Committee to these records. A few 
months after the initial request, the Justice Department 
indicated that the Committee had received all documents 
relevant to the Patriarca microphone surveillance. However, on 
December 2, 2002, one and a half years after the Committee's 
initial request, Task Force supervisor John Durham indicated 
that contemporaneous handwritten logs had been prepared by FBI 
Special Agents as conversations picked up by the microphone 
surveillance were monitored. These logs were not produced to 
the Committee until late December of 2002. Many of the most 
important sections of these documents were illegible. When the 
Committee was finally able to review legible copies of these 
documents in March of 2003, the Committee was able to ascertain 
that there was unique and significant information in these 
documents. For example, one is able to discern a motive for 
Jimmy Flemmi's wanting to murder Deegan in these documents. 
This motive contradicts the motive offered by Joseph Barboza at 
trial and would have had a significant bearing on the outcome 
of the Deegan case. This information would have also been a 
significant element in a number of Committee hearings and 
interviews.

   LThese are but a few of the many examples that have led to 
concern with the Justice Department's performance in assisting 
the Committee with its investigation.

  LThe FBI's Boston office continued to exhibit 
insensitivity to the evidence of impropriety in the Deegan 
case. In early 2001, the Special Agent in Charge of the Boston 
Office stated: ``The FBI was forthcoming. We didn't conceal the 
information. We didn't attempt to frame anyone.'' This 
supervisor was presumably referring to one document which 
indicates some information was provided, by means of an 
anonymous tip, to the Chelsea Police Department right after the 
Deegan murder. However, three years later when the Deegan trial 
began, the FBI was in possession of considerable and reliable 
exculpatory evidence--including knowledge that Joseph Barboza 
would not provide accurate information at trial--and this 
information was withheld from state prosecutors. Moreover, 
those who received the information provided in 1965 did not 
know it came from microphone surveillance and thus had a high 
degree of reliability. More significant, however, is the 
contrast between the FBI's representation that information was 
not concealed and the Deegan prosecutor's observation that if 
the relevant information had been shown to him ``we wouldn't be 
sitting here . . . I certainly would never have allowed myself 
to prosecute this case[.]''

  LIn excess of two billion dollars in civil lawsuits 
were filed as the direct result of federal law enforcement 
decisions to use Jimmy Flemmi, Stephen Flemmi, and James Bulger 
as criminal informants. From the outset, the Department of 
Justice has used litigation tactics to defeat these lawsuits 
that, at best, can be characterized as contrary to respect for 
the rule of law.

  LThe use of murderers as government informants 
created problems that were, and continue to be, extremely 
harmful to the administration of justice.

  LIncalculable damage to the public's respect for the 
rule of law has been done by the actions of federal law 
enforcement personnel in Boston from 1965 until the present.

            II. Why the Committee Investigated these Matters

    Edmund Burke said: ``The only thing necessary for the 
triumph of evil is for good men to do nothing.'' No truer words 
could have been written about federal law enforcement in Boston 
from the 1960s until the mid-1990s. While it is undoubtedly 
true that some things done by federal law enforcement in Boston 
can be cited with justifiable pride, it is also true that there 
was an undercurrent of failure and corrupt practices. 
Unfortunately, that undercurrent traveled to Washington and 
through the highest levels of the FBI. It also had significant 
negative consequences for many states.
    Perhaps the greatest tragedy of the Boston debacle is the 
doubt cast on the integrity of the men and women who work for 
the Justice Department and, particularly, the Federal Bureau of 
Investigation. The United States Department of Justice is, 
without a doubt, the finest federal law enforcement 
organization in the world. The men and women of the Justice 
Department are dedicated, professional public servants. The 
integrity of the vast majority of these men and women is beyond 
reproach. Nevertheless, what happened in New England over a 
forty year period raises doubts that can be dispelled only by 
an obvious dedication to full disclosure of the truth. It is 
the greatest strength of our democratic system that the 
mistakes of the government can be assessed and placed before 
the American people. This report attempts to serve this end, 
not only for the purpose of informing, but also as a preamble 
to future legislative action.
    At a time when the United States is faced by threats from 
international terrorism, and a number of law enforcement tools 
are being justifiably strengthened, it is particularly 
important to remember that Lord Acton's words are true:``Every 
thing secret degenerates, even the administration of justice.'' 
\1\ Federal District Court Judge Mark Wolf began the landmark 
decision U.S. v. Salemme \2\ with Lord Acton's words, and it is 
fitting that they be repeated here because Judge Wolf began the 
oversight process that led to this Committee's investigation. 
He is owed a significant debt of gratitude by everyone devoted 
to law enforcement in a democratic society.
---------------------------------------------------------------------------
    \1\ John Emerich Edward Dalberg Acton, Lord Acton and His Circle 
166 (Abbot Gasquet ed., 1968).
    \2\ U.S. v. Salemme, 91 F. Supp. 2d 141, 148 (D. Mass. 1999), rev'd 
in part sub nom. U.S. v. Flemmi, 225 F.3d 78 (1st Cir. 2000).
---------------------------------------------------------------------------

III. Joseph Barboza and the Deegan Murder Prosecution: An Extraordinary 
                  Failure to Serve the Ends of Justice

    What happened in New England over a forty year period is, 
without doubt, one of the greatest failures in federal law 
enforcement history. It began with the development of Jimmy and 
Stephen Flemmi as federal criminal informants, and with the 
prosecution of six individuals for the murder of Edward 
``Teddy'' Deegan. Evidence obtained by the Committee leads to 
the conclusion that the death penalty was sought against 
innocent men regardless of compelling evidence of an injustice. 
In all probability, this happened because informants were being 
protected and some members of the FBI adopted an ``ends 
justifies the means'' approach to law enforcement.

       A. BARBOZA, THE FLEMMIS, AND THE DEEGAN MURDER PROSECUTION

    The two greatest challenges facing law enforcement in New 
England in the mid-1960s were organized crime and a gang war 
between supporters of feuding local criminals. It is not 
surprising, therefore, that heavy reliance was placed on 
developing informants to provide both advance notice of 
criminal activity and after-the-fact intelligence. The need to 
develop informants was particularly great in the area of 
organized crime. For decades, FBI Director J. Edgar Hoover 
publicly maintained that there was no such thing as organized 
crime. As Hoover's long-time aide Cartha ``Deke'' DeLoach 
pointed out:

        Despite this now-familiar history of the mob in 
        America, it surprises most people to learn that from 
        the early 1930s until 1957, J. Edgar Hoover had 
        insisted that there was no such thing as La Cosa 
        Nostra--that is, a network of interrelated mobs that 
        coordinated activities and maintained a kind of 
        corporate discipline. . . . His profound contempt of 
        the criminal mind, combined with his enormous faith in 
        the agency he created, persuaded him that no such 
        complex national criminal organization could exist 
        without him knowing about it. He didn't know about it; 
        ergo it did not exist.\3\
---------------------------------------------------------------------------
    \3\ Cartha ``Deke'' DeLoach, Hoover's FBI: The Inside Story by 
Hoover's Trusted Lieutenant 302-03 (Regnery Publishing, Inc. 1995).

In retrospect, it is difficult to believe that federal law 
enforcement failed to recognize decades of significant 
national, interstate criminal activity. Nevertheless, the 
Justice Department did not make organized crime a priority 
until the 1960s.
    An important part of the initiative against organized crime 
began with a decision in 1962 to commence a program of 
microphone surveillance of major suspected crime figures. In 
New England, this began with the installation of a listening 
device in the headquarters of organized crime leader Raymond 
Patriarca. According to a memorandum drafted in 1967 to 
recommend the prosecution of Patriarca:

        Raymond Patriarca was the subject of an F.B.I. 
        electronic surveillance by means of an electronic 
        eavesdropping device installed by trespass at his place 
        of business, 168 Atwells Avenue, Providence, Rhode 
        Island, during the period March 6, 1962 to July 12, 
        1965.\4\
---------------------------------------------------------------------------
    \4\ Memorandum from Walter T. Barnes and Edward F. Harrington, 
Assistant U.S. Attorney, to Henry Petersen, Chief, Organized Crime and 
Racketeering Section (June 6, 1967) (document is retained by the 
Justice Department); see also Memorandum from J. Edgar Hoover, 
Director, FBI, to Acting Attorney General, U.S. Dept. of Justice (Dec. 
22, 1966) (Exhibit 127) (``The installation of the eavesdropping device 
placed in Jay's Lounge was made under the general authority of Attorney 
General Robert F. Kennedy. By memorandum of May 12, 1965, Attorney 
General Katzenbach was advised that the device had been in operation 
since January 9, 1963, and he authorized its continuance. It was 
discontinued on July 12, 1965.'') (Exhibit numbers are derived from an 
investigative chronology. The exhibits referred to in this Report are 
published at the end of this Report in increasing numerical order).

The fact that such listening devices were installed ``by 
trespass'' proved to be of significance because it meant that 
information received from the listening device could not be 
used during prosecutions unless obtained by independent means. 
This proved to be of consequence for a number of reasons. 
First, microphone surveillance of Raymond Patriarca provided 
significant information critical to one of the most important 
capital murder prosecutions in Massachusetts's history. Second, 
the microphone surveillance provided important insights into 
the conduct of government informants and cooperating witnesses.
    The use of the Flemmi brothers as informants over three 
decades, and Joseph Barboza's testimony as a cooperating 
witness in the 1968 Teddy Deegan murder prosecution, appear to 
have commenced a pattern of unfortunate, and sometimes illegal, 
conduct that will have ramifications for federal law 
enforcement for years to come. The following sections discuss 
events from nearly forty years ago that began with the murder 
of Teddy Deegan and continue today with the filing of over two 
billion dollars of civil claims against the federal government.

1. Joseph ``The Animal'' Barboza

    Joseph ``The Animal'' Barboza was described by the FBI as 
``the most vicious criminal in New England'' \5\ and ``a 
professional assassin responsible for numerous homicides and 
acknowledged by the professional law enforcement 
representatives in this area to be the most dangerous 
individual known.'' \6\ In addition to the Deegan murder, the 
FBI had considerable information that he committed a large 
number of particularly brutal homicides. An example of 
Barboza's extreme disregard for life is found in a memorandum 
addressed to FBI Director Hoover which discusses information 
obtained by microphone surveillance:
---------------------------------------------------------------------------
    \5\ Memorandum from J.B. Adams to Mr. Callahan (Apr. 29, 1968) 
(Exhibit 226).
    \6\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 20, 1967) (Exhibit 
141).

        Joe Barboza requests permission from Patriarca to kill 
        some unknown person. This person lives in a three-story 
        house but Barboza has never been able to line him up to 
        kill him. Barboza told Raymond that he plans to pour 
        gasoline in the basement part of the house and set it 
        afire and thus either kill the individual by smoke 
        inhalation or fire, or in the event he starts to climb 
        out a window, Barboza would have two or three 
        individuals there with rifles to kill him as he started 
        to step out a window or door. Upon questioning by 
        Patriarca, Barboza said that he had planned to cut the 
        telephone wires so that the individual could not call 
        for assistance and also to ring false alarms in other 
        sections of the city so that the engines could not 
        respond quickly. He also explained that the third floor 
        apartment was vacant but the first floor apartment was 
        apparently occupied by the intended victim's mother. 
        This apparently caused no concern to Barboza who stated 
        it was not his fault that the mother would be present, 
        and he would not care whether the mother died or not. 
        Patriarca told him that he did not think it was a good 
        idea to effect the killing in the above manner and 
        attempted to dissuade Barboza from this type of killing 
        as innocent people would probably be killed. It was not 
        clear to the informant whether Barboza accepted 
        Patriarca's objections, but Patriarca indicated very 
        strongly against this type of killing.\7\
---------------------------------------------------------------------------
    \7\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (May 18, 1965) (Exhibit 98).

Another description of Barboza's cold-blooded nature was 
---------------------------------------------------------------------------
provided by mafia informant Vincent Teresa:

        Barboza went into the club [searching for a member of 
        the McLaughlin mob named Ray DiStasio] and caught 
        DiStasio cold. The trouble was, a poor slob named John 
        B. O'Neil, who had a bunch of kids, walked in to get a 
        pack of cigarettes. Barboza killed them both because he 
        didn't want any witnesses. DiStasio got two in the back 
        of the head and O'Neil got three. It was a shame. I 
        mean, this O'Neil was a family man--he had nothing to 
        do with the mob. Barboza should have waited. That's why 
        he was so dangerous. He was unpredictable. When he 
        tasted blood, everyone in his way got it.\8\
---------------------------------------------------------------------------
    \8\ Vincent Teresa, My Life in the Mafia 167 (Doubleday & Company, 
Inc. 1973).

Barboza was reputed to have killed more than twenty people,\9\ 
and he killed at least one person while part of the federal 
Witness Protection Program.\10\
---------------------------------------------------------------------------
    \9\ Alan Jehlen, Two Say Grieco [sic] Innocent of Deegan Murder, 
Peabody Times, June 9, 1971 (Exhibit 402).
    \10\ Interview with Joseph Williams, former Supervisor of the 
Warrant & Investigation Unit, Massachusetts Parole Board (June 29, 
2001).
---------------------------------------------------------------------------
    In 1966, Barboza was arrested on a weapons charge.\11\ Due 
to a large number of previous convictions, he faced an 
extremely lengthy prison sentence for the charges brought 
against him. Perhaps because of this, he began cooperating with 
law enforcement personnel the following year and received a 
relatively light four to five year sentence.\12\ At this time, 
FBI Special Agents H. Paul Rico and Dennis Condon began to work 
with Barboza to turn him into a cooperating witness.\13\ 
Apparently, Barboza initially declined to cooperate.\14\ 
However, Rico and Condon were able to use Stephen Flemmi, the 
brother of Barboza's best friend and partner Jimmy Flemmi, to 
obtain his cooperation.\15\ In fact, one high level FBI 
memorandum indicates that Rico and Condon ``developed'' Stephen 
Flemmi to obtain Barboza's cooperation.\16\ It is unclear from 
the records whether the FBI's knowledge of Jimmy Flemmi's 
participation in the Deegan murder--or any other murder--was 
used to convince Stephen Flemmi or Joseph Barboza to cooperate 
with federal law enforcement.
---------------------------------------------------------------------------
    \11\ James Southwood, A Letter from Barboza, Why I Decided to Tell 
All, Boston Herald, July 9, 1967 (Exhibit 148).
    \12\ U.S. Dept. of Justice Identification Record (Mar. 2, 1976) 
(Exhibit 129).
    \13\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 20, 1967) (Exhibit 
141).
    \14\ Id.
    \15\ Id.
    \16\ Memorandum from J.H. Gale to Cartha DeLoach (June 23, 1967) 
(Exhibit 144).
---------------------------------------------------------------------------
    Barboza eventually testified in three trials as a 
cooperating witness.\17\ He is generally acknowledged to be the 
first participant in the federal Witness Protection 
Program.\18\ After being relocated to California, he was 
considered as a possible Top Echelon informant by the FBI.\19\ 
According to testimony provided by Barboza, he also returned to 
Massachusetts at the behest of the FBI on a number of occasions 
to assist them on a case involving the theft of a $500,000 
painting.\20\ If true, this would have meant that federal law 
enforcement actively encouraged Barboza to break the terms of 
his parole. Barboza later committed at least one additional 
homicide and was incarcerated, a subject which is discussed 
extensively later in this report. Barboza was murdered on 
February 11, 1976.\21\
---------------------------------------------------------------------------
    \17\ See Trial Transcript, Commonwealth v. French (Suffolk County 
Super. Ct. July 2, 1968) (Exhibit 243); Patriarca v. U.S., 402 F. 2d 
314 (D. Mass. 1968), cert. denied, 89 S. Ct. 633 (Jan. 20, 1969); and 
the murder trial of Rocco DiSeglio.
    \18\ See ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 170 
(Feb. 14, 2002) (testimony of Judge Edward Harrington).
    \19\ Memorandum to J. Edgar Hoover, Director, FBI (Apr. 14, 1969) 
(Exhibit 272). Dennis Condon's name is written on this document. 
Deposition of Dennis M. Condon, former Special Agent, Boston FBI Field 
Office 150 (Feb. 21, 2002).
    \20\ Robert Walsh, Baron Returning to Walpole for Week on Parole 
Violation, Boston Globe, August 28, 1970 (Exhibit 332).
    \21\ Killer Barboza Slain, Boston Herald, Feb. 12, 1976 (Exhibit 
636).
---------------------------------------------------------------------------

2. The Murder of Edward ``Teddy'' Deegan

    Edward ``Teddy'' Deegan was, by all accounts, a peripheral 
figure in the Boston underworld of the 1960s. In late 1964, the 
FBI learned from an informant that Jimmy Flemmi wanted to kill 
Deegan.\22\ Two days later, on October 20, 1964, Deegan was 
called and warned that Flemmi was looking for him and that 
Flemmi intended to kill him.\23\ Five months later, between 
March 5 and March 7, 1965, Jimmy Flemmi met with Raymond 
Patriarca and asked for permission to kill Deegan.\24\ This 
request was renewed a couple of days later on March 9, 1965, 
when Flemmi and Joseph Barboza visited Patriarca and 
``explained that they are having a problem with Teddy Deegan 
and desired to get the `OK' to kill him. . . . Flemmi stated 
that Deegan is an arrogant, nasty sneak and should be killed.'' 
\25\ An FBI agent who prepared a memorandum about the 
microphone surveillance noted that Flemmi and Barboza requested 
permission to kill Deegan. He also stated that mob boss Raymond 
``Patriarca ultimately furnished this `OK.' '' \26\ Perhaps as 
important, handwritten notes prepared by an FBI Special Agent 
who was monitoring the conversation between Flemmi, Barboza and 
Patriarca indicate that Flemmi's motive for killing Deegan was 
tied to the McLean-McLaughlin gang war, and that Flemmi was 
particularly concerned that ``Deegan fills Peter Limone's head 
with all kinds of stories.'' \27\ Reporting on his contacts of 
the following day, FBI Special Agent H. Paul Rico wrote a 
memorandum explaining that an informant told him that he had 
just heard from Jimmy Flemmi and that Patriarca had put out the 
word that Deegan was to be ``hit.'' \28\ On March 12, 1965, 
Deegan was murdered.
---------------------------------------------------------------------------
    \22\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Oct. 19, 1964) (Exhibit 
56); Airtel from Boston FBI Field Office to J. Edgar Hoover, Director, 
FBI (Oct. 19, 1964) (Exhibit 56).
    \23\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Oct. 20, 1964) (Exhibit 57).
    \24\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Mar. 10, 1965) (Exhibit 68). Due to 
Justice Department redactions, it is impossible to determine when this 
request to kill Deegan actually took place. However, because the entry 
regarding Deegan is made in a series of chronological entries after a 
March 5, 1965, entry, and before a March 8, 1965, entry, a reasonable 
reading of the document seems to indicate that the request took place 
between March 5 and 7, 1965. This would distinguish this request from a 
very clear request to kill Deegan made by Jimmy Flemmi and Joseph 
Barboza on March 9, 1965.
    \25\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI, and Special Agents in Charge, 
Albany, Buffalo, and Miami FBI Field Offices (Mar. 12, 1965) (Exhibit 
70).
    \26\ FBI Report by Charles A. Reppucci, Special Agent, Boston FBI 
Field Office (July 20, 1965) (Exhibit 69).
    \27\ Handwritten Notes of Microphone Surveillance of Raymond L.S. 
Patriarca, (March 9, 1965) (Exhibit 967).
    \28\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Mar. 15, 1965) (Exhibit 
72). This information has been characterized as believable and coming 
from a credible source in a position clearly to have heard what was 
communicated. Interview with John Durham, Special Attorney, District of 
Massachusetts, U.S. Dept. of Justice, and Gary Bald, Special Agent in 
Charge, Baltimore FBI Field Office (Dec. 2, 2002). There is, however, 
some confusion on the point of whether Patriarca provided his assent on 
March 9, 1965, and at least one FBI document states that Barboza and 
Flemmi were told to check with Gennaro Angiulo before taking any 
action.
---------------------------------------------------------------------------
    Recording his contacts on the day after the murder, Special 
Agent Rico wrote a memorandum based on information obtained 
from an informant. The memorandum describes the Deegan murder 
in detail, including information Jimmy Flemmi personally 
provided to an informant.\29\ Flemmi admitted that he was one 
of the men who killed Deegan.\30\ This is a matter of great 
importance because the previous day--the day that Deegan was 
murdered--Jimmy Flemmi was assigned to Special Agent Rico to be 
developed as an informant.\31\ Over the course of the next few 
weeks, at least nine descriptions of the Deegan murder were 
prepared by federal and state law enforcement officials. Each 
of these descriptions provides details of the murder 
substantially different than the uncorroborated testimony 
provided three years later by Joseph Barboza when the matter 
finally went to trial.\32\ Unfortunately for the defendants at 
that trial, relevant information was covered up when the 
government failed to disclose to all defendants that 
exculpatory information had been captured by the FBI's 
microphone surveillance of Raymond Patriarca. Perhaps more 
unfortunate, federal officials failed to step in and prevent 
Joseph Barboza from committing perjury, notwithstanding the 
fact that it was a death penalty case.\33\ Four men received 
the death penalty, and two men received a sentence of life in 
prison.\34\
---------------------------------------------------------------------------
    \29\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Mar. 15, 1965) (Exhibit 
77).
    \30\ Id. The informant was Flemmi's associate.
    \31\ Memorandum from H.E. Campbell, Inspector, to James L. Handley, 
Special Agent in Charge, Boston FBI Field Office (June 10, 1965) 
(Exhibit 74).
    \32\ For a more complete review of contradictory information, refer 
to Statement of Captain Joseph Kozlowski (March 12, 1965) (Exhibit 76); 
Boston Police Department Report (Mar. 14, 1965) (Exhibit 79); Statement 
by Thomas F. Evans, Lieutenant, Chelsea Police Department (Mar. 14, 
1965) (Exhibit 80); Massachusetts State Police Report by Richard J. 
Cass, Detective Lieutenant Inspector, to Daniel I. Murphy, Captain of 
Detectives (Mar. 15, 1965) (Exhibit 81); Airtel from Special Agent in 
Charge, Boston FBI Field Office, to J. Edgar Hoover, Director, FBI 
(Mar. 19, 1965) (Exhibit 84); Memorandum from [Redacted], Special 
Agent, to Special Agent in Charge, Boston FBI Field Office (Apr. 6, 
1965) (Exhibit 85); Airtel from Special Agent in Charge, Boston FBI 
Field Office, to J. Edgar Hoover, Director, FBI (Mar. 24, 1965) 
(Exhibit 86); Airtel from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI, and Special Agents in 
Charge, New Haven, New York, and Washington FBI Field Offices (May 7, 
1965) (Exhibit 96); Memorandum from Special Agent in Charge, Boston FBI 
Field Office, to J. Edgar Hoover, Director, FBI (June 9, 1965) (Exhibit 
102) (On April 25, 2002, the Department of Justice released an 
unredacted version of this document to the Committee. That document 
revealed that ``BS-919-PC [Jimmy Flemmi] has murdered Frank Benjamin, 
John Murray, George Ashe, Joseph Francione, Edward `Teddy' Deegan, and 
`Iggy' Lowry[.]'' The document further divulged that Flemmi feels that 
the McLaughlin group will try to kill him.); Memorandum from Helen 
Hatch, Correlator, to Special Agent in Charge, Boston FBI Field Office 
(June 14, 1965) (Exhibit 104).
    \33\ There is some evidence that a small subset of this information 
was made available to two lawyers who represented defendants in the 
Deegan case. It is fair to say, however, that no one was exposed to the 
cumulative weight of all of the different pieces of evidence. More 
important, it is certain that attorneys for at least four defendants 
were not permitted to review any information obtained by microphone 
surveillance of Raymond Patriarca. Thus, witness Joseph Barboza could 
not be effectively impeached, nor could alternative theories of the 
murder be properly explored.
    \34\ Those convicted were: Henry Tameleo (death), Louis Greco 
(death), Ronald Cassesso (death), Peter Limone (death), Joseph Salvati 
(life), and Roy French (life).
---------------------------------------------------------------------------

3. Developing the Flemmi Brothers as Informants

    It is difficult to assess the Deegan murder and prosecution 
without an understanding of how federal law enforcement was 
attempting to develop Jimmy and Stephen Flemmi as criminal 
informants.\35\ The following is a brief chronological 
description of efforts known to the Committee to obtain the 
services of the Flemmi brothers as informants during the 1960s:
---------------------------------------------------------------------------
    \35\ On December 2, 2002, it became clear that the Committee had 
not been furnished the informant file of Stephen Flemmi. This seemed to 
come as a surprise to Justice Department Task Force Supervisor John 
Durham. Justice Department officials pointed out at this meeting that 
the file was sealed by Judge Wolf in U.S. v. Salemme. This observation 
ignored Judge Wolf's request that the Justice Department work with the 
Committee to permit the Committee access to documents important to its 
investigation. Letter from the Honorable Mark L. Wolf, District Judge, 
United States District Court for the District of Massachusetts, to the 
Honorable Dan Burton, Chairman, Comm. on Govt. Reform (Jan. 11, 2002) 
(Appendix I).

November 1964--Stephen Flemmi was first targeted as an 
informant for the FBI's Boston office's bank robbery squad.\36\
---------------------------------------------------------------------------
    \36\ FBI Office of Professional Responsibility Report by Joshua 
Hochberg and Charles S. Prouty (Aug. 13, 1997) (Appendix II).

March 9, 1965--FBI Director Hoover was informed by memorandum 
that Jimmy Flemmi was targeted to be a Top Echelon 
informant.\37\ He was also told that Flemmi had murdered three 
individuals, one of whom was an FBI informant.\38\ This was the 
same day that Flemmi and Barboza asked Raymond Patriarca for 
permission to kill Teddy Deegan.
---------------------------------------------------------------------------
    \37\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Mar. 9, 1965) (Exhibit 71).
    \38\ Id.

March 12, 1965--Jimmy Flemmi was assigned to Special Agent Rico 
to be developed as an informant by Special Agent Rico.\39\
---------------------------------------------------------------------------
    \39\ Memorandum from H.E. Campbell, Inspector, to James L. Handley, 
Special Agent in Charge, Boston FBI Field Office (June 10, 1965) 
(Exhibit 74).

---------------------------------------------------------------------------
March 12, 1965--Teddy Deegan was murdered.

April 5, 1965--Jimmy Flemmi gave Rico information.\40\
---------------------------------------------------------------------------
    \40\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, Boston FBI Field Office (Apr. 9, 
1965) (Exhibit 90); Letter from John H. Durham, Special Attorney, and 
Donald K. Stern, U.S. Attorney, District of Massachusetts, U.S. Dept. 
of Justice, to John Cavicchi, Attorney (Dec. 19, 2000) (Exhibit 928). 
Flemmi was contacted at least four additional times as an informant by 
Special Agent Rico. Id. Those dates of contact were May 10, 1965, June 
4, 1965, July 22, 1965, and July 27, 1965. Id.

June 4, 1965--Director Hoover made an inquiry about Jimmy 
Flemmi.\41\
---------------------------------------------------------------------------
    \41\ Memorandum from J. Edgar Hoover, Director, FBI, to Special 
Agent in Charge, Boston FBI Field Office (June 4, 1965) (Exhibit 100).

June 8, 1965--Rico talked to Jimmy Flemmi about financial 
payments.\42\
---------------------------------------------------------------------------
    \42\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, Boston FBI Field Office (June 8, 
1965) (Exhibit 101).

June 9, 1965--Director Hoover's office was informed by 
memorandum that Jimmy Flemmi had committed seven murders, 
including the Deegan murder, ``he is going to continue to 
commit murder[,]'' but ``the informant's potential outweighs 
the risk involved.'' \43\
---------------------------------------------------------------------------
    \43\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 9, 1965) (Exhibit 102).

June 10, 1965--Memorandum indicating that Jimmy Flemmi was 
assigned to Rico on March 12, 1965.\44\
---------------------------------------------------------------------------
    \44\ Memorandum from H.E. Campbell, Inspector, to James L. Handley, 
Special Agent in Charge, Boston FBI Field Office (June 10, 1965) 
(Exhibit 74).

September 15, 1965--Jimmy Flemmi was closed as an informant due 
to a crime.\45\
---------------------------------------------------------------------------
    \45\ Letter from John H. Durham, Special Attorney, and Donald K. 
Stern, U.S. Attorney, District of Massachusetts, U.S. Dept. of Justice, 
to John Cavicchi, Attorney (Dec. 19, 2000) (Exhibit 928).

November 3, 1965--FBI Director Hoover's office was informed by 
memorandum that Stephen Flemmi was targeted as an 
informant.\46\
---------------------------------------------------------------------------
    \46\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Nov. 3, 1965) (Exhibit 111).

February 7, 1967--Stephen Flemmi began to work for the FBI as a 
Top Echelon Criminal Informant.\47\
---------------------------------------------------------------------------
    \47\ Interview with John Durham, Special Attorney, District of 
Massachusetts, U.S. Dept. of Justice, and Gary Bald, Special Agent in 
Charge, Baltimore FBI Field Office (Dec. 2, 2002).

February 14, 1967--Stephen Flemmi was approved as a Top Echelon 
informant.\48\
---------------------------------------------------------------------------
    \48\ FBI Office of Professional Responsibility Report by Joshua 
Hochberg and Charles S. Prouty (Aug. 13, 1997) (Appendix II).

Early 1967--Stephen Flemmi was used to convince Barboza to 
testify.\49\
---------------------------------------------------------------------------
    \49\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 20, 1967) (Exhibit 
141).

June 20, 1967--FBI Director Hoover's office was informed by 
memorandum that Stephen Flemmi was developed by Rico and Condon 
and used in interviews with Joseph Barboza.\50\
---------------------------------------------------------------------------
    \50\ Id.

June 23, 1967--FBI senior official Cartha DeLoach was told that 
Special Agents Rico and Condon developed Stephen Flemmi.\51\
---------------------------------------------------------------------------
    \51\ FBI Memorandum from J.H. Gale to Cartha DeLoach (June 23, 
1967) (Exhibit 144).

March 29, 1968--FBI Director Hoover's office was informed by 
memorandum that Special Agent Rico used Stephen Flemmi to 
develop Barboza.\52\
---------------------------------------------------------------------------
    \52\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Mar. 29, 1968) (Exhibit 
213).

May 27, 1968--The Deegan murder trial began.\53\
---------------------------------------------------------------------------
    \53\ Docket Sheet, Commonwealth v. French (Suffolk County Super. 
Ct. May 27, 1968) (Exhibit 235).

As this chronology makes clear, the effort to develop both 
Jimmy and Stephen Flemmi began either before or at the time of 
the Deegan murder. Moreover, despite the fact that the FBI knew 
that Jimmy Flemmi had committed seven murders--including the 
Deegan murder--and was ``going to continue to commit murder,'' 
Director Hoover and his staff decided to use Flemmi as an 
informant. On this point there was no ambiguity: just three 
days before Jimmy Flemmi was assigned to Special Agent Rico to 
be developed as an informant, Director Hoover's office was 
notified that Flemmi was a murderer.\54\ Indeed, Jimmy Flemmi's 
proclivity to commit serious crimes was not in doubt. One 
memorandum from the head of the FBI's Boston office to Director 
Hoover discusses how Flemmi had been paid $1,500 for disposing 
of the body of a girl.\55\ The following month, on May 5, 1965, 
microphone surveillance of Raymond Patriarca showed that 
Flemmi, and Joseph Barboza and Ronald Cassesso, asked Raymond 
Patriarca for permission to murder a man named Sammy 
Linden.\56\ The fact that Flemmi was a murderer, and planned to 
commit additional murders, went unremarked. Apparently, the 
decision had already been made to take on murderers as 
informants. Flemmi was eventually closed as an informant not 
because of concerns that he would commit additional homicides. 
Rather, in September of 1965, he was charged by state 
authorities with ``Assault with a Dangerous Weapon with Intent 
to Murder'' after he had shot another person. The FBI decided 
to close him as an informant ``[i]n view of the fact that 
informant is presently a local fugitive'' and ``any contacts 
with him might prove to be difficult and embarrassing.''\57\
---------------------------------------------------------------------------
    \54\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Mar. 9, 1965) (Exhibit 71).
    \55\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI, and Special Agent in Charge, New 
York FBI Field Office (Apr. 13, 1965) (Exhibit 89).
    \56\ FBI Report by Charles A. Reppucci, Special Agent, Boston FBI 
Field Office (July 20, 1965) (Exhibit 94).
    \57\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Sept. 15, 1965) (Exhibit 
109).
---------------------------------------------------------------------------
    By the time of the Deegan murder prosecution, both Jimmy 
and Stephen Flemmi had been active federal law enforcement 
informants, and both men were known to have been involved in a 
number of homicides. This fact is important when assessing the 
efforts to develop Joseph Barboza as a cooperating witness in 
1967 and 1968. Jimmy Flemmi had been closed because he might 
become embarrassing. It would take another three decades for 
Stephen Flemmi to become one of the greatest embarrassments in 
FBI history.

4. The Deegan Murder Prosecution

    Teddy Deegan was murdered on March 12, 1965. Two and a half 
years later, Joseph ``The Animal'' Barboza testified about the 
Deegan murder before a Suffolk County grand jury.\58\ 
Immediately afterwards, a number of individuals were 
arrested.\59\ The following year, on May 27, 1968, the 
Commonwealth of Massachusetts began the prosecution of six 
individuals implicated by Joseph Barboza for the murder of 
Teddy Deegan.\60\ Barboza testified about the details of the 
conspiracy to murder Deegan, how the homicide was carried 
out,\61\ and about promises or inducements offered to him by 
the federal government.\62\ After a two month trial, all six 
defendants were convicted: four men received the death penalty 
and two individuals were sentenced to life in prison.\63\
---------------------------------------------------------------------------
    \58\ Suffolk County Grand Jury Testimony of Joseph Barboza (Oct. 
25, 1967) (Exhibit 171).
    \59\ Memorandum from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (Oct. 25, 1967) (Exhibit 172).
    \60\ Docket Sheet, Commonwealth v. French (Suffolk County Super. 
Ct. May 27, 1968) (Exhibit 235). The six individuals tried for the 
murder of Deegan were: Wilfred ``Roy'' French, Peter Limone, Henry 
Tameleo, Ronald Cassesso, Louis Greco, and Joseph Salvati.
    \61\ Judge Margaret Hinkle provides a concise summary of the 
testimony:

      Barboza testified at trial that about January 20, 1965, 
      Limone saw Barboza and offered him a ``contract'' to kill 
      Deegan for $7,500, and told Barboza that this had been 
      approved by the ``office.'' Barboza spoke with Tameleo a 
      few days later to confirm that the ``office'' approved of 
      the murder. Tameleo agreed to it. Some weeks later, after 
      securing the assistance of others, some of whom would 
      become Limone's codefendants at trial, Barboza reported to 
      Limone that the murder would occur soon but that 
      Stathopoulos would be involved. According to Barboza, 
      Limone agreed to add $2,500 if Stathopoulos were also 
      killed. Barboza confirmed with Tameleo that it was okay to 
      kill Stathopoulos as well. According to the evidence 
      presented at trial, the murder of Deegan was carried out by 
      Barboza, Cassesso, Salvati, French, Grieco [sic] and 
      others, not including Limone. Stathopoulos escaped. Some 
      time later, Barboza testified, he met with Limone, who paid 
---------------------------------------------------------------------------
      him for the Deegan murder.

Commonwealth v. Limone, Cr. No. 32367, 32369, 32370, slip op. at *3 
(Suffolk County Sup. Ct., Jan. 5, 2001)) (Exhibit 931). If this 
testimony were true, there would have been no need for Flemmi and 
Barboza to travel to Providence to seek permission to kill Deegan in 
March of 1965.
---------------------------------------------------------------------------
    \62\ Barboza told the Deegan jury that he was ``hoping for a 
break,'' that he was hoping that his testimony ``would be taken into 
consideration,'' and ``the only promise that has been made in regards 
to [his testimony] is that the FBI will bring it to the attention of 
the Judge.'' Trial Transcript, Commonwealth v. French (Suffolk County 
Super. Ct. July 2, 1968) at 4456, 4460 (Exhibit 243). He also said his 
wife and child would be protected. Id. at 4652. When asked if ``they 
made more promises than what you've told us about,'' Barboza answered, 
``No, sir.'' Id. at 4653. Thus testimony, which does not appear to be 
accurate, will be discussed later in this report.
    \63\ Deegan Trial: 4 Get Chair, 2 Life; Judge Hails Jury, Boston 
Globe, Aug. 1, 1968 (Exhibit 247). The death penalty sentences were 
later changed to life in prison after the Supreme Court determined that 
the death penalty was unconstitutional in Furman v. Georgia, 408 U.S. 
238 (1972).
---------------------------------------------------------------------------
    Any assessment of the Deegan murder prosecution must focus 
on five areas. First, did Barboza's pretrial dealings with 
federal law enforcement officials inspire confidence that he 
was telling the truth? \64\ Second, was his grand jury 
testimony consistent with facts known to law enforcement 
personnel. Third, did the story told at trial by Joseph Barboza 
bear any relationship to information in possession of federal 
and state law enforcement officials about who really killed 
Deegan? Fourth, did law enforcement personnel obtain false 
testimony from Anthony Stathopoulos, who had accompanied Deegan 
to the location where Deegan was ultimately murdered. Fifth, 
did those who provided testimony give an accurate summary of 
what Barboza had been promised in exchange for his testimony. 
Each of these areas raises significant questions, and now that 
evidence withheld from defendants at the time of trial has been 
obtained by the Committee, it appears that Barboza's story was 
so different from information known to federal officials that 
he should never have been permitted to testify. At the very 
least, contemporaneous FBI interviews should have reflected a 
vigorous effort to determine why Barboza's story differed from 
what was already known to federal law enforcement. This is 
particularly important because, just after the Deegan murder, 
FBI Director Hoover or his staff thought that the information 
contained in the logs of microphone surveillance of Raymond 
Patriarca was significant.\65\ Nevertheless, the FBI interviews 
obtained by the Committee show that no effort was made to 
compare what Barboza was prepared to say about the Deegan 
murder with information already in the FBI's possession. As 
Jack Zalkind, the prosecutor in the Deegan case, told the 
Committee:
---------------------------------------------------------------------------
    \64\ The FBI had opened a file on Edward Deegan in 1965. Thus, at 
the time that Joseph Barboza was beginning to cooperate with federal 
officials, those officials had available to them information collected 
at the time of the Deegan murder. In addition, federal prosecutors had 
been furnished with information that contradicted the version of events 
provided by Barboza in 1967 and 1968. See FBI Boston Gangland Murders 
Report by John F. Kehoe, Jr., Special Agent, Boston FBI Field Office 
(January 14, 1966).
    \65\ Document is retained by the Justice Department.

        I must tell you this, that I was outraged--outraged--at 
        the fact that if [the exculpatory documents] had ever 
        been shown to me, we wouldn't be sitting here . . . I 
        certainly would never have allowed myself to prosecute 
        this case having that knowledge. No way. . . . That 
        information should have been in my hands. It should 
        have been in the hands of the defense attorneys. It is 
        outrageous, it's terrible, and that trial shouldn't 
        have gone forward.\66\
---------------------------------------------------------------------------
    \66\``Investigations of Allegations of Law Enforcement Misconduct 
in New England,'' Hearing Before the Comm. on Govt. Reform, 107th Cong. 
21, 34 (May 11, 2002) (testimony of Jack Zalkind).
---------------------------------------------------------------------------

                                *  *  *

        [Barboza's FBI handlers] knew from the beginning that 
        Joe Barboza was lying. . . . They have a witness that 
        they knew was lying to me, and they never told me he 
        was lying. . . . [The FBI] figured, well, let's flip 
        Joe, and let Joe know that we're not going to push him 
        on his friend Jimmy Flemmi. So they let Joe go on and 
        tell the story, leaving out Jimmy Flemmi; and then 
        Jimmy Flemmi is allowed to go on and be their 
        informer.\67\
---------------------------------------------------------------------------
    \67\ Id. at 52, 68-69, 76.

The evidence is overwhelming that Barboza should not have been 
permitted to testify in the Deegan murder prosecution. 
Nevertheless, it was his uncorroborated testimony that was used 
in the Deegan prosecution that led to four men being sentenced 
to death and two others receiving life sentences.
            i. Barboza's Pretrial Dealings with Federal Officials
    Prior to the Deegan trial, Barboza, in effect, told federal 
law enforcement that he was not going to tell the truth about 
the Deegan murder and that at least some federal officials were 
unconcerned that he would commit perjury in a death penalty 
case. Nevertheless, federal law enforcement officials continued 
to supply him with money and protection. Incredibly, federal 
officials even considered using him in California as a Top 
Echelon informant,\68\ and he may have been encouraged by 
federal law enforcement personnel to violate the terms of his 
state parole by returning to Massachusetts.\69\
---------------------------------------------------------------------------
    \68\ Memorandum from [Redacted] to J. Edgar Hoover, Director, FBI 
(Apr. 14, 1969) (Exhibit 272). The FBI historically categorized its 
informants according to their potential productivity. The most 
potentially productive informants were designated as Top Echelon 
informants. See generally Ralph Ranalli, Deadly Alliance (HarperTorch 
2001) (provides an analysis of the FBI's informant program).
    \69\ Robert Walsh, Baron Returning to Walpole for Week on Parole 
Violation, Boston Globe, August 28, 1970 (Exhibit 332).
---------------------------------------------------------------------------
    The first recorded meeting between Barboza and FBI Special 
Agents Rico and Condon, which took place on March 8, 1967, was 
probably the most significant.\70\ Barboza informed the agents 
that he would consider providing information about murders 
committed in the Boston area, but that ``he would never provide 
information that would allow James Vincent Flemmi [sic] to 
`fry[.]' '' \71\ Barboza was true to his word. Shortly 
thereafter, he did begin providing information. Two questions 
are of particular concern to the Committee: (1) why did Barboza 
provide information? and (2) how did he succeed in keeping his 
friend and confederate Jimmy Flemmi out of his story about the 
Deegan murder? Part of the answer can be found in a document 
that recommends a pay increase for Special Agents H. Paul Rico 
and Dennis Condon. Approximately three months after Rico and 
Condon began working to develop Barboza's testimony, the head 
of the FBI's Boston office sent the following ``Recommendation 
for Quality Salary Increase'' to Washington:
---------------------------------------------------------------------------
    \70\ In a memorandum to Attorney General Elliot L. Richardson, H. 
Paul Rico, Dennis Condon, and Edward Harrington were praised for 
developing Joseph Barboza as a successful witness. Memorandum from 
Henry E. Petersen, Assistant Attorney General, Criminal Division, U.S. 
Dept. of Justice, to Elliot L. Richardson, Attorney General, U.S. Dept. 
of Justice (July 24, 1973) (Exhibit 576).
    \71\ FBI Interview Report by Dennis M. Condon and H. Paul Rico, 
Special Agents, Boston FBI Field Office (Mar. 8, 1967) (Exhibit 131). 
When asked about Barboza's statement, Condon said: ``I don't have any 
recollection of the conversation; but reading what I have in front of 
me, I think it's an accurate portrayal of what he said.'' Condon 
further indicated that the interview summary of Barboza's comment that 
he would not provide information that would allow Jimmy Flemmi to 
``fry'' was ``prepared by both of us [Rico and Condon], 
contemporaneously.'' Deposition of Dennis M. Condon, former Special 
Agent, Boston FBI Field Office 81-82 (February 21, 2002). When asked 
whether the plain meaning of Barboza's statement was that Barboza would 
not provide information that would put Flemmi ``in a situation where he 
would face a capital murder charge,'' Condon replied ``I would have to 
say that that looks like a true statement.'' Id. at 83.

        Realizing the potential that [redacted name] might one 
        day be victim of a homicide, SAs Condon and Rico have 
        continued vigorous attempts to obtain additional high 
        quality LCN sources. Accordingly, BS 955 C-TE [Stephen 
        Flemmi] was developed by these agents and via 
        imaginative direction and professional ingenuity 
        utilized said source in connections with interviews of 
        JOSEPH [BARBOZA], a professional assassin responsible 
        for numerous homicides and acknowledged by all 
        professional law enforcement representatives in this 
        area to be the most dangerous individual known. SAs 
        Rico and Condon contacted [Barboza] in an effort to 
        convince him he should testify against the LCN. 
        [Barboza] initially declined to testify but through 
        utilization of BS 955 C-TE, the agents were able to 
        convey to [Barboza] that his present incarceration and 
        potential for continues incarceration for the rest of 
        his life, was wholly attributable to LCN efforts 
        directed by Gennaro J. Angiulo, LCN Boston head. As a 
        result of this information received by [Barboza] from 
        BS 955 C-TE, said individual said he would testify 
        against the LCN members.\72\
---------------------------------------------------------------------------
    \72\ Memorandum from SAC, Boston, to Director, FBI (June 20, 1967).

This memorandum appears to contradict testimony to the 
Committee provided by former Special Agent Dennis Condon who, 
when asked whether he used a particular informant, either human 
or electronic, to help obtain Barboza's testimony, replied 
``No, I didn't.'' \73\
---------------------------------------------------------------------------
    \73\ Deposition of Dennis M. Condon, former Special Agent, Boston 
FBI Field Office 8 (February 21, 2002). Condon was asked whether he 
knew the identity of ``BS 955 C-TE'' and he stated that he did not. Id.
---------------------------------------------------------------------------
    Thus, at the time Special Agents H. Paul Rico and Dennis 
Condon first began to develop Barboza's testimony, two facts 
were critical. First, Barboza said that he would not provide 
information that would allow Jimmy Flemmi to ``fry.'' Second, 
Stephen Flemmi, Jimmy Flemmi's brother, was used by Rico and 
Condon to convince Barboza to testify.\74\ It is highly 
unlikely that Stephen Flemmi would have allowed himself to be 
used by the FBI if his efforts led his brother to the electric 
chair. With all these facts in mind, it is almost inconceivable 
that at least Special Agents Rico and Condon were not aware 
that Barboza was going to commit perjury at the Deegan 
trial.\75\ Furthermore, Rico and Condon were aware that Barboza 
had consulted with Jimmy Flemmi between the FBI's first and 
second interviews of Barboza. Barboza had gone so far as to 
tell Flemmi that he was thinking of having one of his gang 
members corroborate his testimony. Flemmi told Barboza that he 
thought obtaining corroboration was an excellent idea.\76\ This 
was of particular importance at the time because the head of 
the FBI's Boston office informed Washington that ``[t]his 
office is aware of the distinct possibility that [Barboza], in 
order to save himself from a long prison sentence, may try to 
intimidate [Patrick] Fabiano into testifying to something that 
he may not be a witness to.'' \77\ It is not explained how the 
FBI had come to this conclusion. Nevertheless, the consultation 
between Barboza and Flemmi, and Barboza's exploration of having 
someone corroborate his testimony, provide additional reasons 
for concern with his testimony.
---------------------------------------------------------------------------
    \74\ It is worth noting that, the previous year, Dennis Condon was 
``involved in a substantive error write-up case when a review of an 
informant file disclosed an instance of failure to properly disseminate 
information obtained from the informant.'' Memorandum from S.R. Burns 
to Mr. Walsh (Oct. 22, 1975) at 19 (Exhibit 123). Nevertheless, a few 
weeks after Condon and Rico first interviewed Barboza, Condon's 
participation in the informant program was considered outstanding. Id. 
(Exhibit 135). When testifying in U.S. v. Salemme, former Special Agent 
Condon insisted that at the time Frank Salemme was apprehended in New 
York in November 1972, he had no idea Stephen Flemmi was an informant. 
Given the personnel records indicating that Rico and Condon used Flemmi 
to obtain Joseph Barboza's testimony, this does not seem credible.
    \75\ Critical information about the Deegan murder had also been 
provided to a number of federal prosecutors. See, e.g., FBI Boston 
Gangland Murders Report by John F. Kehoe, Jr., Special Agent, Boston 
FBI Field Office (Jan. 14, 1966) (Exhibit 116); Memorandum from Walter 
T. Barnes and Edward F. Harrington, Assistant U.S. Attorney, to Henry 
Petersen, Chief, Organized Crime and Racketeering Section (June 6, 
1967) (document retained by the Justice Department). Therefore, it is 
not implausible that federal prosecutors also realized that Barboza 
would not tell the truth at the Deegan murder trial.
    \76\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Mar. 28, 1967) (Exhibit 
134).
    \77\ Id.
---------------------------------------------------------------------------
    It is also particularly revealing that in the many 
thousands of pages of documents produced to the Committee by 
the Justice Department, no one appears to have confronted 
Barboza with the obvious question: given the convincing 
information that Flemmi committed the Deegan murder and that 
Barboza told the FBI he would not give the government 
information about Flemmi that would allow Flemmi to ``fry,'' 
why should the FBI not conclude that you are going to commit 
perjury when you testify.
    When former FBI Special Agent Dennis Condon testified, he 
made it clear that he did not remember anyone asking the 
critical questions about Jimmy Flemmi and his participation in 
the Deegan murder:

        Rep. LaTourette: The question I have is, if you follow 
        this time line--and the time line is Rico receives 
        confidential information that Barboza and Flemmi want 
        to kill Deegan [and the Patriarca bug confirms a] 
        confidential conversation where they overhear a 
        conversation that Barboza and Flemmi say they actually 
        go down and say they want to take out Teddy. The 
        Department has that. Were you aware of that in 1965 or 
        1966?

        Mr. Condon: Not to my knowledge.

        Rep. LaTourette: But when this prosecution memo that 
        you have in front of you was written, apparently the 
        Assistant United States Attorneys are able to ferret 
        that out. Was that disclosed to you?

        Mr. Condon: That's correct.

        Rep. LaTourette: I think the difficulty I had is this, 
        and it came about when Mr. Wilson was asking questions 
        before. When Mr. Barboza is being prepared as a witness 
        in the Deegan trial, which we now know was testimony 
        that wasn't right in terms of who he fingered, were you 
        ever in a meeting with Mr. Rico or the representatives 
        of the state prosecuting authority when somebody asked 
        him or confronted him about the discrepancies in 
        versions that the Department had information on, both 
        the Rico documents and also these tapes from 
        Patriarca's place of business?

        Mr. Condon: Not to my memory, no.

        Rep. LaTourette: Were you ever in a meeting where 
        anybody asked him, where was Jimmy Flemmi?

        Mr. Condon: I don't remember ever being in such a 
        meeting.\78\
---------------------------------------------------------------------------
    \78\ Deposition of Dennis M. Condon, former Special Agent, Boston 
FBI Field Office (February 21, 2002).
---------------------------------------------------------------------------
            ii. Barboza's Grand Jury Testimony
    Joseph Barboza testified before a Suffolk County grand jury 
on October 25, 1967.\79\ The information he provided was 
contradicted by information already known to federal officials, 
which rendered Barboza's testimony suspect. It is inconceivable 
that federal law enforcement officials did not know what 
Barboza was going to tell the grand jury and what he did tell 
the grand jury. Therefore, it is very likely that at least some 
federal officials understood that Barboza had committed perjury 
before the Suffolk County grand jury and that he was prepared 
to provide testimony at trial that was not true.\80\
---------------------------------------------------------------------------
    \79\ Suffolk County Grand Jury Testimony of Joseph Barboza (Oct. 
25, 1967) (Exhibit 171).
    \80\ Barboza was in federal custody, his interviews were conducted 
in the presence of federal law enforcement officials, he was the 
subject of intense interest at the highest levels of the Justice 
Department, he was a witness in a federal trial, and his testimony in 
one case would undoubtedly have ramifications for other cases. In order 
for Barboza to be a federal witness, and to merit protection by the 
federal government, federal officials would have had to have known what 
his testimony would have been regarding the various matters about which 
he was prepared to testify. They would also have had to know the 
details of his testimony in order to develop their own cases and 
investigations. Moreover, federal officials had information that 
Raymond Patriarca was involved in the Deegan murder, and it is 
inconceivable that this would not have been the subject of intense 
interest.
---------------------------------------------------------------------------
    Barboza did not provide any information to the grand jury 
about Jimmy Flemmi and Flemmi's involvement in the Deegan 
murder. More important, however, he explained that he and 
Ronald Cassesso planned to take credit for the murder, and that 
the only person besides himself who knew that ``the Office'' 
was involved in the prospective murder was Ronald Cassesso.\81\ 
Barboza was asked ``So the only one at this time that knew you 
were doing this for the Office was Ronnie Cassesso?'' Barboza 
replied: ``Yes.'' \82\ This testimony completely avoids the 
fact that Barboza and Flemmi had visited Raymond Patriarca 
three days before the murder to seek his permission to kill 
Deegan.\83\ It also avoids the fact, known to the FBI and 
memorialized in an FBI memorandum authored by H. Paul Rico, 
that Jimmy Flemmi had told an informant that ``Raymond 
Patriarca has put out the word that Edward `Teddy' Deegan is to 
be `hit' and that a dry run has already been made and that a 
close associate of Deegan's has agreed to set him up.'' \84\ 
Thus, Barboza's story about how he and Cassesso were the only 
two who knew that Patriarca had been consulted was obviously 
false to anyone who had knowledge of the FBI's microphone 
surveillance of Patriarca and who had access to the informant 
to whom Jimmy Flemmi had confided. This information was not 
provided to the Suffolk County District Attorney's Office, and 
consequently it was not available at a time when Barboza's 
credibility was being assessed.
---------------------------------------------------------------------------
    \81\ Suffolk County Grand Jury Testimony of Joseph Barboza 115 
(Oct. 25, 1967) (Exhibit 171).
    \82\ Id.
    \83\ FBI Report by Charles A. Reppucci, Special Agent, Boston FBI 
Field Office (July 20, 1965) (Exhibit 69).
    \84\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Mar. 15, 1965) (Exhibit 
72).
---------------------------------------------------------------------------
    The chronology of events provided by Barboza to the grand 
jury also makes it plain that he was committing perjury. 
Barboza stated that Peter Limone first approached him in 
February of 1965 to hire Barboza to kill Deegan.\85\ And yet 
when Barboza and Flemmi approached Patriarca in March to seek 
Patriarca's permission for the Deegan murder, all indications 
are that this was the first time the subject had come up. 
Furthermore, the microphone surveillance captured no discussion 
about Limone's involvement. Indeed, one FBI memorandum suggests 
that Patriarca told Barboza and Flemmi to consult with Gennaro 
Angiulo about their intention to kill Deegan. It is highly 
unlikely that if Limone had already offered money to have 
Deegan killed, that either Barboza or Flemmi would have asked 
Patriarca for permission to kill Deegan and failed to have told 
him that they had already been contracted to kill Deegan.
---------------------------------------------------------------------------
    \85\ Suffolk County Grand Jury Testimony of Joseph Barboza (Oct. 
25, 1967) (Exhibit 171).
---------------------------------------------------------------------------
    It is also curious that Barboza testified that Peter Limone 
had offered money for Barboza to kill Deegan. According to 
documents provided by the Justice Department to the Committee, 
Limone and Deegan appeared to be on good terms. A few months 
before Limone allegedly hired Barboza to kill Deegan, Limone 
gave Deegan two guns.\86\ The following month, after hearing 
that Jimmy Flemmi wanted to murder Deegan, Limone warned Deegan 
about the murder threat.\87\ More important, three days before 
Deegan was killed, Flemmi told Raymond Patriarca that ``Deegan 
fills Limone's head with all kinds of stories.'' \88\ Thus, 
Flemmi seemed to be indicating to Patriarca that one reason to 
kill Deegan was that he was close to Limone and that he was the 
source of ``all kinds of stories.''
---------------------------------------------------------------------------
    \86\ Memorandum from SAC, Boston, to Director, FBI and SAC, New 
Haven (September 17, 1964) (Exhibit 52).
    \87\ Memorandum from H. Paul Rico to Redacted Name (October 18, 
1964) (Exhibit 56) (stating ``Flemmi advised that Deegan owes Flemmi's 
brother, Stevie, some money, and that he told him once to get the money 
up. He has not gotten the money up, and Flemmi wants to kill Deegan and 
wanted the informant to go with him on the `hit.' ''); Memorandum from 
SAC, Boston, to Director, FBI (October 20, 1964) (Exhibit 57) (stating 
``Immediately after [Jimmy] Flemmi left, he [Limone] called Deegan and 
told him that Flemmi was looking for him, allegedly for a $300.00 loan 
which Deegan owes Flemmi. Deegan denied any such loan. Therefore, they 
were of the opinion that Flemmi was out to kill Deegan.'')
    \88\ Handwritten Notes of Raymond Patriarca Microphone Surveillance 
(March 9, 1965) (Exhibit 967)
---------------------------------------------------------------------------
    Barboza also provided information that makes it appear that 
his testimony was coached. He stated that before Deegan was 
murdered he was at a bar called the Ebb Tide. He noted that the 
bar was very crowded, and he states that when he left the Ebb 
Tide with the people that he implicated in the Deegan murder, 
others also left the bar at the same time.\89\ He recalled that 
the others who left at the same time he did were men named 
Femia, Chiampa and Imbruglia. It is difficult to believe that 
Barboza would be able to recall, more than two and a half years 
after the fact, the precise names of those who coincidentally 
left the bar at the same time that he did. More to the point, 
however, was the existence of various reports and informant 
descriptions of how Femia, Chiampa and Imbruglia were involved 
in the Deegan murder and had actually been part of the 
conspiracy to kill Deegan. Thus, when Barboza was falsely 
describing how one set of people was involved in the Deegan 
murder, he also attempted to provide an explanation that 
diminished the importance of information known to a number of 
federal and state law enforcement officials. Thus, if any 
police reports about the Deegan murder had been admitted into 
evidence at trial, Barboza would have had an explanation 
regarding those who left the Ebb Tide at the same time that he 
did and, coincidentally, whose names appeared in 
contemporaneous police reports about who participated in the 
Deegan murder. It appears that Barboza's testimony about how 
Femia, Chiampa and Imbruglia coincidentally left the Ebb Tide 
at the same time that he did could only have been given if 
police reports and informant information had been shared with 
Barboza prior to his testimony.
---------------------------------------------------------------------------
    \89\ Suffolk County Grand Jury Testimony of Joseph Barboza 119 
(Oct. 25, 1967) (Exhibit 171).
---------------------------------------------------------------------------
    There can be no doubt that if federal officials were privy 
to Barboza's grand jury testimony they would have known that he 
had lied, and that he was preparing to commit perjury in the 
Deegan capital murder prosecution. Furthermore, the fact that 
federal officials remained with Barboza when he spoke to local 
prosecutors indicates that they were aware of what he was 
preparing to tell the grand jury.
            iii. Barboza's Testimony Compared to Preexisting 
                    Information
    Even before Teddy Deegan was murdered, the FBI had 
information that could have led to the conclusion that there 
would soon be a murder and that Jimmy Flemmi would be involved. 
As early as October 18, 1964, the head of the FBI office in 
Boston was told by Special Agent H. Paul Rico that Jimmy Flemmi 
wanted to kill Deegan.\90\ Four months earlier, FBI Director 
Hoover or his staff was given specific information by the 
Boston FBI office that ``[Jimmy] Flemmi is suspected of a 
number of gangland murders and has told the informant of his 
plans to become recognized as the No. One `hit man' in this 
area as a contract killer.'' \91\ Just days before this 
memorandum to FBI Director Hoover, Special Agent Condon wrote a 
memorandum stating: ``Flemmi told him [an informant] that all 
he wants to do now is kill people, and that it is better than 
hitting banks. . . . Informant said, Flemmi said that he feels 
he can now be the best hit man in this area and intends to 
be.'' \92\ Later in the year, Flemmi killed an FBI informant by 
stabbing him fifty times and then, in a surfeit of enthusiasm, 
shooting him.\93\
---------------------------------------------------------------------------
    \90\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Oct. 19, 1964) (Exhibit 
56).
    \91\ Memorandum from the Boston FBI Field Office to J. Edgar 
Hoover, Director, FBI (June 4, 1964) (Exhibit 50).
    \92\ Memorandum from Dennis Condon, Special Agent, Boston FBI Field 
Office (May 25, 1964) (Exhibit 48).
    \93\ See Letter from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (Jan. 8, 1965) (Exhibit 60).
---------------------------------------------------------------------------
    In the days before Deegan was murdered, the FBI was aware 
of a great deal of activity relating to Deegan. Between March 5 
and March 7, 1965, Jimmy Flemmi appears to have met with 
Raymond Patriarca to obtain permission to kill Deegan.\94\ A 
couple of days later, on March 9, 1965, Jimmy Flemmi and Joseph 
Barboza asked Raymond Patriarca for permission to kill Deegan 
because ``Deegan is a nasty sneak and should be killed.'' \95\ 
According to one summary of microphone surveillance, Patriarca 
gave his permission for Deegan to be murdered.\96\ The 
following day, according to a memorandum by Special Agent Rico, 
an ``[i]nformant advised that he had just heard from `Jimmy' 
Flemmi that Flemmi told the informant that Raymond Patriarca 
has put out the word that Edward `Teddy' Deegan is to be `hit' 
and that a dry run has already been made[.]'' \97\ That same 
day, Director Hoover or his staff was informed that ``Flemmi 
came to Providence to contact [Patriarca] . . . to get the `OK' 
to kill Eddie Deegan[.]'' \98\ Two days later, Barboza, Flemmi 
and others murdered Teddy Deegan. Earlier that day, Jimmy 
Flemmi had been assigned to be developed by Special Agent Rico 
as an informant.\99\
---------------------------------------------------------------------------
    \94\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Mar. 10, 1965) (Exhibit 68).
    \95\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI, and Special Agents in Charge, 
Albany, Buffalo, and Miami FBI Field Offices (Mar. 12, 1965) (Exhibit 
70); Memorandum from Helen Hatch, Correlator, to Special Agent in 
Charge, Boston FBI Field Office (June 14, 1965) (Exhibit 104).
    \96\ Id.
    \97\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Mar. 15, 1965) (Exhibit 
72). The identity of this informant was not provided to Congress. 
However, according to the Justice Department, the information is 
described as ``believable.'' It also came from a clearly credible 
source who was in a position to have heard what was happening at the 
time. Interview with John Durham, Special Attorney, District of 
Massachusetts, U.S. Dept. of Justice, and Gary Bald, Special Agent in 
Charge, Baltimore FBI Field Office (Dec. 2, 2002).
    \98\ Airtel from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (Mar. 10, 1965) (Exhibit 73).
    \99\ Memorandum from H.E. Campbell, Inspector, to James L. Handley, 
Special Agent in Charge, Boston FBI Field Office (June 10, 1965) 
(Exhibit 74).
---------------------------------------------------------------------------
    When Barboza did testify at the Deegan murder trial, he 
explained that he was approached by Peter Limone on 
approximately January 20, 1965, and that Limone offered him 
$7,500 to kill Teddy Deegan.\100\ Barboza also testified that 
``the Office'' had approved the murder, that Henry Tameleo was 
involved in the murder conspiracy, and that Tameleo was 
involved as early as January of 1965.\101\ The FBI's microphone 
surveillance did not provide evidence of a January approach to 
Barboza, but it did provide evidence that Barboza and Jimmy 
Flemmi approached Patriarca in March of 1965 to seek his 
permission to kill Deegan. Thus, the dates do not match, and 
Barboza's story that he was approached with an offer of money 
for a contract assassination is diametrically opposed to the 
reality--captured on tape--that Barboza and Flemmi sought 
permission to murder Deegan because he was an ``arrogant, nasty 
sneak and should be killed.'' \102\ Federal law enforcement 
officials, the only individuals with access to this microphone 
surveillance information, appear to have purposefully kept this 
information from the prosecutors who tried the case and sought 
the death penalty for the six defendants.
---------------------------------------------------------------------------
    \100\ If Barboza had been telling the truth, nearly two months of 
planning went into the Deegan murder conspiracy. It is interesting to 
note that when former FBI Special Agent Dennis Condon was asked about 
the disguise that Barboza testified was worn by Joseph Salvati, Condon 
stated: ``I'm not of the opinion that they think that far ahead into 
those matters. I just don't think so. I don't think there's that much 
advance planning.'' Deposition of Dennis M. Condon, former Special 
Agent, Boston FBI Field Office 209 (Feb. 21, 2002).
    \101\ Trial Transcript, Commonwealth v. French, (Suffolk County 
Super. Ct. 1968); Commonwealth v. Limone, Cr. No. 32367, 32370, slip 
op. at *3 (Suffolk County Sup. Ct., Jan. 5, 2001) (Exhibit 931).
    \102\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI, and Special Agents in Charge, 
Albany, Buffalo, and Miami FBI Field Offices (Mar. 12, 1965) (Exhibit 
70).
---------------------------------------------------------------------------
    Perhaps more important, however, is the fact that the 
motive for the murder advanced by Barboza was different from 
the motive captured by the FBI's microphone surveillance. 
Barboza testified that Peter Limone offered $7,500 for him to 
murder Deegan because of a burglary that Deegan had committed:

        [T]he Popoulo [sic] home was broken into and from 
        eighty to eighty-two thousand dollars was taken out of 
        the house, and Harold Hannon, Wilfred Delaney and Teddy 
        Deegan were supposed to be in on the score. Peter 
        Limone said they would pay any amount of money to get 
        these three people killed. I think it was before that 
        that Hannon and Delaney were found floating in the 
        river. He said they wanted to get Deegan for that and 
        said that Deegan had killed Sacremone [sic] from 
        Everett[.] \103\
---------------------------------------------------------------------------
    \103\ Suffolk County Grand Jury Testimony of Joseph Barboza (Oct. 
25, 1967) (Exhibit 171). In 1966, the FBI prepared a memorandum for 
federal prosecutors that described the deaths of Harold Hannon and 
Wilfred Delaney. It stated that Hannon ``was tortured by Edwad Bennett, 
the Flemmi brothers--Jimmy and Stevie Flemmi--in an effort to ascertain 
where the proceeds of the $30,000 burglary was [sic] that he and 
Delaney committed on Carmen Puopolo, a bookmaker from Everett, 
Massachusetts. During the torturing, Hannon was apparently killed, as 
the medical report reflected that he had died by suffocating.'' FBI 
Boston Gangland Murders Report by John F. Kehoe, Jr., Special Agent, 
Boston FBI Field Office (Jan. 14, 1966) (Exhibit 116).

Over two years earlier, however, the FBI's microphone 
surveillance of Raymond Patriarca captured the following 
---------------------------------------------------------------------------
exchange:

        Jimmie [Flemmi] tells Raymond they are having a problem 
        with Teddy Deegan (ph). Teddy did what he did to press 
        some other people. Jimmie says that the kid [Rico 
        Sacrimone] did not have to be killed. . . . Bobby 
        Donati is friendly with Rico Sacrimone and Deegan is 
        looking for an excuse to whack Donati. . . . Deegan 
        thinks Donati is trying to set him up for Buddy McLean. 
        Jimmie says Deegan is an arrogant, nasty sneak. Deegan 
        fills Peter Limone's head with all kinds of 
        stories.\104\
---------------------------------------------------------------------------
    \104\ Handwritten Notes of Microphone Surveillance of Raymond L.S. 
Patriarca, March 9, 1965) (Exhibit 967).

These two rationales for the Deegan murder are fundamentally 
incompatible. The fact that Jimmy Flemmi was being protected, 
and the fact that Barboza's testimony bore no relationship to 
evidence in the hands of the FBI at the time of the Deegan 
trial are clear indications that federal law enforcement was 
aware that Barboza's story about the Deegan murder was false.
    In the days following the Deegan murder, a great deal of 
information about the crime was developed. The following is a 
brief description of the information in the hands of federal 
and state law enforcement officials after Deegan was murdered. 
Every piece of information contradicted Barboza's ultimate 
trial testimony.\105\ Indeed, the defendants filed a motion 
requesting police reports \106\ and this motion was 
denied,\107\ presumably with the concurrence of the 
prosecution. The Committee recognizes that discovery 
requirements were very different in 1965 than today and that 
state prosecutors were involved in responding to the motion. 
Nevertheless, this was a death penalty case and prosecutors 
should have disclosed this information to the defendants.
---------------------------------------------------------------------------
    \105\ The Justice Department has not made its position officially 
known on this point. There is an indication that two defense attorneys 
in the Deegan case may have been provided some information from the 
microphone surveillance of Raymond Patriarca during the course of 
another trial involving the prosecution of Raymond Patriarca for 
conspiracy to murder Willie Marfeo. However, the Justice Department has 
not furnished the Committee with the information provided to the two 
defense attorneys. In any event, there is no indication that defense 
counsel for defendants Joseph Salvati, Peter Limone, or Louis Greco 
were ever provided information from the Patriarca microphone 
surveillance prior to the Deegan trial.
    \106\ Motion of the Defendant for the Production of Police 
Department Reports, Commonwealth v. Salvati (Suffolk Super. Ct.) 
(Exhibit 184). The defendants also requested information regarding 
``promises, rewards and inducements.'' It appears from the record 
before the Committee that the jury was not given an accurate indication 
of what Barboza had been promised and what he had been given.
    \107\ Docket Sheet, Commonwealth v. French (Suffolk County Super. 
Ct. Apr. 18, 1968) (Exhibit 220).
---------------------------------------------------------------------------
    The following information existed at the time of the Deegan 
murder prosecution:

  LOn March 12, 1965, Captain Joseph Kozlowski prepared 
a statement indicating, among other things, that ``the man in 
the back [of the car used to take people to the Deegan murder 
scene] had dark hair with a bald spot in center of head.'' 
\108\
---------------------------------------------------------------------------
    \108\ Statement of Captain Joseph Kozlowski (Mar. 12, 1965) 
(Exhibit 76).

  LOn March 13, 1965, Special Agent Rico reported that 
an informant told him who killed Deegan and how he was 
killed.\109\ Rico filed a report and said, among other things, 
that Jimmy Flemmi was involved in the murder. This information 
contradicts Barboza's trial testimony.
---------------------------------------------------------------------------
    \109\ Memorandum from H. Paul Rico, Special Agent, Boston FBI Field 
Office, to Special Agent in Charge, [Redacted] (Mar. 15, 1965) (Exhibit 
77). This information was provided by an associate of Jimmy Flemmi's. 
Interview with John Durham, Special Attorney, District of 
Massachusetts, U.S. Dept. of Justice, and Gary Bald, Special Agent in 
Charge, Baltimore FBI Field Office (Dec. 2, 2002).

  LOn March 14, 1965, a Boston Police Department report 
was filed.\110\ The information recorded contradicts Barboza's 
trial testimony. This report is of particular interest because 
nine years later Joseph Barboza told federal officials that 
Romeo Martin was murdered because he was an informant in the 
Deegan case and provided the information that was the basis of 
the March 14, 1965, Boston Police Department report.\111\ An 
FBI document which describes the Martin homicide is heavily 
redacted and it is not possible to ascertain what was known to 
the FBI.\112\ Nevertheless, it appears that Barboza himself 
committed the Romeo Martin murder,\113\ thereby killing one of 
the eyewitnesses to the Deegan murder.
---------------------------------------------------------------------------
    \110\ Boston Police Department Report (Mar. 14, 1965) (Exhibit 79).
    \111\ Memorandum from SAC, Butte, Montana, to Director, FBI, 
(February 1, 1974) (Exhibit 596).
    \112\ See, e.g., FBI Boston Gangland Murders Report by John F. 
Kehoe, Jr., Special Agent, Boston FBI Field Office (Jan. 14, 1966) 
(Exhibit 116) (Barboza admits to a role in the Martin homicide); see 
also Vincent Teresa, My Life in the Mafia 248 (Doubleday & Company, 
Inc. 1973).
    \113\ Memorandum from SAC, Butte, Montana, to Director, FBI, 
(February 1, 1974) (Exhibit 596)

  LA report, which indicates that Jimmy Flemmi was 
involved in the Deegan murder, was filed by the Chelsea Police 
a couple of days after the murder.\114\ The information 
recorded contradicts Barboza's trial testimony.
---------------------------------------------------------------------------
    \114\ Statement by Thomas F. Evans, Lieutenant, Chelsea Police 
Department (Mar. 14, 1965) (Exhibit 80).

  LOn March 15, 1965, a report was filed with the 
Massachusetts State Police.\115\ Again, the report indicated 
that Jimmy Flemmi was involved in the murder. The information 
recorded contradicts Barboza's trial testimony.
---------------------------------------------------------------------------
    \115\ Massachusetts State Police Report by Richard J. Cass, 
Detective Lieutenant Inspector, to Daniel I. Murphy, Captain of 
Detectives (Mar. 15, 1965) (Exhibit 81).

  LOn March 19, 1965, FBI Director Hoover or his staff 
was provided information about the Deegan murder.\116\ Hoover 
was told that Jimmy Flemmi was involved in the murder. The 
information recorded contradicts Barboza's trial testimony.
---------------------------------------------------------------------------
    \116\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Mar. 19, 1965) (Exhibit 84).

  LOn March 23, 1965, an informant advised the FBI that 
``Barbosa [sic] claims that he had shot Teddy Deegan with a .45 
gun.'' \117\ The information recorded contradicts Barboza's 
trial testimony.
---------------------------------------------------------------------------
    \117\ Memorandum from [Redacted], Special Agent, to Special Agent 
in Charge, Boston FBI Field Office (Apr. 6, 1965) (Exhibit 85).

  LOn March 24, 1965, Director Hoover or his staff was 
provided more information about the Deegan murder.\118\ Again, 
the information provided contradicts Barboza's trial testimony.
---------------------------------------------------------------------------
    \118\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Mar. 24, 1965) (Exhibit 86).

  LOn May 7, 1965, Director Hoover or his staff was 
told that microphone surveillance of Raymond Patriarca captured 
the following: ``information had been put out to the effect 
that Barboza was with Flemmi when they killed Edward Deegan.'' 
\119\ This contradicts Barboza's trial testimony.
---------------------------------------------------------------------------
    \119\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI, and Special Agents in Charge, New 
Haven, New York, and Washington FBI Field Offices (May 7, 1965) 
(Exhibit 96).

  LOn June 9, 1965, FBI Director Hoover or his staff 
was told that Jimmy Flemmi had killed Teddy Deegan.\120\
---------------------------------------------------------------------------
    \120\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 9, 1965) (Exhibit 102).

  LOn January 14, 1966, the Boston FBI Office prepared 
a memorandum for the U.S. Attorney in Boston. It described 
gangland murders and provided information about the Deegan 
homicide that contradicted Barboza's trial testimony.\121\
---------------------------------------------------------------------------
    \121\ FBI Boston Gangland Murders Report by John F. Kehoe, Jr., 
Special Agent, Boston FBI Field Office (Jan. 14, 1966) (Exhibit 116).

Notwithstanding the information developed by law enforcement 
about the Deegan murder, nothing happened for over two years. 
The break in the case came when Joseph Barboza was arrested in 
late 1966 for a weapons offense.\122\ Facing a lengthy prison 
sentence, he began to cooperate with law enforcement officials. 
On January 25, 1967, Barboza received a relatively light 
sentence for the weapons offenses.\123\ The following month, 
Stephen Flemmi was taken into the federal Top Echelon informant 
program,\124\ and on March 8, 1967, he began to work with FBI 
Special Agents H. Paul Rico and Dennis Condon in an effort to 
develop Barboza to testify.\125\
---------------------------------------------------------------------------
    \122\ James Southwood, A Letter from Barboza: Why I Decided to Tell 
All, Boston Herald Traveler (Exhibit 122).
    \123\ U.S. Dept. of Justice Identification Record (Mar. 2, 1976) 
(Exhibit 129); Cornelius Moynihan, Two Others Convicted, Boston Globe, 
Jan. 26, 1967 (Exhibit 129).
    \124\ FBI Office of Professional Responsibility Report by Joshua 
Hochberg and Charles S. Prouty (Aug. 13, 1997) (Appendix II). Flemmi 
was first targeted as an informant in November of 1964. Id.
    \125\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 20, 1967) (Exhibit 
141).
---------------------------------------------------------------------------
    In the period between Barboza's first recorded meeting with 
FBI Agents Rico and Condon and his testimony in the Suffolk 
County prosecution for the Deegan murder, Barboza met with 
either Rico, Condon, or Edward Harrington at least 41 
times.\126\ When Barboza finally did testify at the Deegan 
trial between July 2 and July 11, 1968, there were a number of 
discrepancies between information available to law enforcement 
at the time of the Deegan murder and Barboza's testimony. The 
three most significant involve the absence of Jimmy Flemmi, the 
chronology and origin of the murder plot, and the use of a .45 
caliber weapon to kill Deegan.
---------------------------------------------------------------------------
    \126\ See Exhibits 131-134, 138, 140, 141, 144, and 146 (dated 
between March 8, 1967, and July 2, 1968). Rico and Condon also were 
present for meetings between Joseph Barboza and state investigators and 
prosecutors.
---------------------------------------------------------------------------
    It is particularly significant that the documents produced 
to the Committee by the Justice Department do not show a single 
instance of Barboza being confronted with the discrepancies 
between the record compiled by law enforcement and his proposed 
testimony. When Dennis Condon was asked why he did not question 
Barboza about the discrepancies in his story, Condon offered no 
explanation, stating, ``I can't answer that. I can't answer 
that.'' \127\ The majority of significant evidence, however, 
was in the possession of federal authorities. For example, FBI 
officials were aware of microphone surveillance information, 
and state officials were not aware of relevant microphone 
surveillance evidence.
---------------------------------------------------------------------------
    \127\ Deposition of Dennis M. Condon, former Special Agent, Boston 
FBI Field Office 117-118 (Feb. 21, 2002).
---------------------------------------------------------------------------
    The absence of Jimmy Flemmi from Barboza's testimony is the 
single greatest indication that Barboza was not telling the 
truth. Perhaps as important, however, was the addition of 
Joseph Salvati to the fact pattern as described by Barboza at 
trial.\128\ Salvati's introduction to the list of defendants is 
significant because just before the crime was committed an 
eyewitness--who also happened to be a police officer--saw some 
of the men who killed Deegan in the vicinity of the crime.\129\ 
The eyewitness described a man who had an appearance similar to 
Jimmy Flemmi's. Thus, Barboza was confronted with a dilemma: 
minutes before Deegan was murdered, someone saw a man with 
Barboza who looked like Jimmy Flemmi near the scene of the 
crime. Perhaps more important, this was recorded in a police 
report.\130\ Jimmy Flemmi was Barboza's best friend and was a 
frequent accomplice in criminal endeavors. Thus, it would not 
have been unusual for Flemmi to have been with Barboza. Barboza 
solved this dilemma by adding Joseph Salvati to his story and 
then testifying that Salvati was wearing a disguise which 
included, among other things, a wig that made him appear 
bald.\131\ As described by Barboza, the disguise made Joe 
Salvati - who in real life looked nothing like Jimmy Flemmi 
\132\--resemble Flemmi. For the jury, of course, this might 
have been believable, but only because the jury had received no 
evidence that Jimmy Flemmi was involved in the crime or that 
Flemmi had a motive to kill Deegan. For the federal law 
enforcement officers who had access to the contemporaneous 
evidence that Flemmi was part of the Deegan homicide, however, 
this story should have indicated that Barboza was not telling 
the truth.\133\
---------------------------------------------------------------------------
    \128\ At the time of the Deegan murder prosecution, Joseph Salvati 
owed a debt of money to Joseph Barboza. Barboza, who was a professional 
loanshark, had loaned Salvati $400. At the time of Barboza's arrest in 
1966, he sent two associates to collect outstanding debts in order that 
he would have sufficient money to meet bail requirements. Salvati was 
unable to pay. Barboza sent his associates back a second time, an 
altercation resulted, and Salvati said he would not repay the money 
owed to Barboza. The following year, Barboza retaliated by putting 
Salvati into the Deegan murder conspiracy. Interview with Joseph 
Salvati (March 27, 2001); Alan Jehlen, Two Say Grieco [sic] Innocent of 
Deegan Murder, Peabody Times, June 9, 1971 (Exhibit 402).
    \129\ Massachusetts State Police Report by Richard J. Cass, 
Detective Lieutenant Inspector, to Daniel I. Murphy, Captain of 
Detectives (Mar. 15, 1965) (Exhibit 81).
    \130\ Statement of Captain Joseph Kozlowski (March 12, 1965) 
(Exhibit 76).
    \131\ Trial Transcript, Commonwealth v. French (Suffolk County 
Super. Ct. July 2, 1968) at 3367 (Exhibit 243).
    \132\ Flemmi was balding, and Salvati had thick, dark hair styled 
in such a way that it was noticeable.
    \133\ It is worth noting that Joseph Salvati's attorney for the 
Deegan murder trial told the Committee that Al Farese, the partner of 
Joseph Barboza's attorney, told him that Jimmy Flemmi was the bald man 
at the Deegan murder, not Joseph Salvati. This is important because 
Farese's partner was John Fitzgerald, who represented Joseph Barboza. 
Farese also learned about Deegan being in trouble on March 12, 1965, 
before the Chelsea Police Department, which suggests an important 
familiarity with key participants. Interview with Chester Paris, 
attorney for Joseph Salvati during the Deegan trial (Aug. 6, 2002).
---------------------------------------------------------------------------
    Barboza was also aware that he had been observed leaving a 
popular night club with a number of individuals just before 
Deegan was killed. In all of the written reports compiled by 
law enforcement at the time of the Deegan murder, no one had 
placed Salvati in the night club and no one indicated he left 
with Barboza. Barboza solved this inconsistency by testifying 
that Salvati was not with him because he had instructed Salvati 
to warm up the car. However, his testimony had him sending 
Salvati to warm the car up over ninety minutes before he left 
the night club. Again, the jury might well have believed this 
story in the absence of the withheld exculpatory evidence. Had 
all evidence been provided to the defendants, however, 
Barboza's testimony would have been far less credible.
    Another significant discrepancy between information 
available to federal law enforcement and Barboza's trial 
testimony is whether Barboza actually shot Deegan. Less than 
two weeks after Deegan was murdered, an informant told the FBI 
that ``Barbosa [sic] claims that he had shot Teddy Deegan with 
a .45 caliber gun.'' \134\ Two years later, on March 21, 1967, 
Barboza was interviewed by Special Agents Rico and Condon.\135\ 
Although the documents provided to the Committee are heavily 
redacted, a significant focus of this interview was the Deegan 
murder and Joseph Barboza's knowledge about the Deegan murder.
---------------------------------------------------------------------------
    \134\ Memorandum from [Redacted], Special Agent, to Special Agent 
in Charge, Boston FBI Field Office (Apr. 6, 1965) (Exhibit 85).
    \135\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Mar. 28, 1967) (Exhibit 
132).
---------------------------------------------------------------------------
    On the same day that Barboza was interviewed, March 21, 
1967, a Boston newspaper indicated that Barboza appeared before 
a federal grand jury.\136\ Responding to this activity, a 
memorandum drafted in the name of the FBI Director states the 
following:
---------------------------------------------------------------------------
    \136\ Teletype from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (Mar. 21, 1967) (Exhibit 133).

        A review of the Bureau records reveals that no 
        investigation of [Barboza] has ever been conducted by 
        your office. In view of the current circumstances, the 
        Bureau should be cognizant of all background 
        information. Therefore, you should submit to the Bureau 
        an investigative report per instructions set out under 
        the Criminal Intelligence Program containing all 
        background and identifying data available.\137\
---------------------------------------------------------------------------
    \137\ Airtel from J. Edgar Hoover, Director, FBI, to Special Agent 
in Charge, Boston FBI Field Office (May 24, 1967) (Exhibit 140).

The Boston office complied with the instructions from 
Washington when Thomas Sullivan transmitted a memorandum to 
Washington which summarizes information about Joseph Barboza. 
In this memorandum, the Boston office re-states the information 
from two years earlier: ``[An informant states that] Barboza 
claims that he shot Teddy Deegan with a .45 caliber gun. 
Barboza indicated that Roy French was with Deegan and another 
individual when Deegan was shot by Barboza and two other 
individuals, one of whom the informant believes was Romeo 
Martin.'' \138\
---------------------------------------------------------------------------
    \138\ FBI Report by Thomas Sullivan, Special Agent, Boston FBI 
Field Office (July 18, 1967) (Exhibit 149). When Barboza met with 
Anthony Stathopoulos at Barnstable County Jail on September 8, 1967, 
Barboza told him that on the night on March 12, 1965, he had a .45 
caliber gun. This statement was made in the presence of a number of law 
enforcement officials. Interview with Anthony Stathopouols (February 
21, 2003).
---------------------------------------------------------------------------
    Barboza's grand jury testimony states not only that he did 
not shoot Deegan but also that he did not see who shot 
Deegan.\139\ Obviously, this is a significant factual 
discrepancy that should have been lost on no one. Furthermore, 
it is telling that law enforcement permitted Barboza the luxury 
of saying that he neither pulled the trigger nor saw who did 
pull the trigger. It is also important to note that Barboza was 
important enough in Washington that a request was made to have 
information about him transmitted to headquarters. This appears 
to contradict individuals who have told this Committee that 
federal prosecutors and investigators were interested only in 
the murder of Willie Marfeo and the resulting federal 
prosecution.\140\
---------------------------------------------------------------------------
    \139\ Suffolk County Grand Jury Testimony of Joseph Barboza (Oct. 
25, 1967) at 123-25 (Exhibit 171).
    \140\ See Deposition of Dennis M. Condon, former Special Agent, 
Boston FBI Field Office (Feb. 21, 2002); ``The California Murder Trial 
of Joe `The Animal' Barboza: Did the Federal Government Support the 
Release of a Dangerous Mafia Assassin?,'' Hearings Before the Comm. on 
Govt. Reform, 107th Cong. (Feb. 14, 2002) (testimony of Judge Edward 
Harrington); Interview with Edward F. Harrington, former Attorney in 
Charge, Organized Crime & Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Dec. 20, 2001); ``The Justice Department's Use of 
Informants in New England,'' Hearings Before the Comm. on Govt. Reform, 
107th Cong. (Dec. 5, 2002) (testimony of Paul Markham).
---------------------------------------------------------------------------
            iv. Anthony Stathopoulos and the Deegan Murder Prosecution
    At the time of his death, Teddy Deegan was attempting to 
commit a robbery. He was accompanied to the intended site of 
the crime by Wilfred ``Roy'' French and Anthony 
Stathopoulos.\141\ After Deegan and French walked into an 
alley, Stathopoulos saw flashes and heard shots. Shortly 
thereafter, Stathopoulos, who was sitting in an automobile, saw 
French and another man exit the alley. At the same time he also 
heard someone still in the alley say ``get him too.'' 
Stathopoulos immediately drove away and, after a short delay, 
went to the home of attorney Al Farese. Shortly thereafter, 
Farese called the Chelsea Police Department. Later that night, 
Stathopoulos and Farese went to the site of Deegan's murder and 
Stathopoulos identified the body.
---------------------------------------------------------------------------
    \141\ Interview with Anthony Stathopouols (February 21, 2003). 
Unless there is a citation to the contrary, the information provided in 
this section is derived from this interview.
---------------------------------------------------------------------------
    The day following Deegan's murder, Stathopoulos--this time 
accompanied by attorney John Fitzgerald--went to the Chelsea 
Police Department. He was shown photographs of Roy French, 
Joseph Barboza, Jimmy Flemmi, and Ronald Cassessa.\142\ The 
police also mentioned an individual named Freddie Chiampa. 
Stathopoulos asked how the police were able to know the 
identities of those who committed the Deegan murder and he was 
told that an informant had provided the information. 
Stathopoulos was also told that the individuals whose pictures 
had been provided were the ones that he had to watch out for.
---------------------------------------------------------------------------
    \142\ Stathopoulos does not recall whether he was shown a 
photograph of Romeo Martin.
---------------------------------------------------------------------------
    Prior to the Deegan murder trial, Joseph Barboza told 
Stathopoulos on two occasions that he would protect Jimmy 
Flemmi. The more significant of the two times was on September 
8, 1967, when Stathopoulos was taken by law enforcement 
officials to meet with Joseph Barboza in Barnstable County 
Jail. When Stathopoulos arrived at the jail, he was met by FBI 
Special Agents H. Paul Rico and Dennis Condon. During the 
course of the meeting between Barboza and Stathopoulos, which 
was conducted in the presence of law enforcement officials 
including Rico and Condon, Barboza explained that he was 
keeping Jimmy Flemmi out of the Deegan murder because Flemmi 
had been good to him in the past.
    Stathopoulos testified for the prosecution in the Deegan 
murder trial. Prior to his testimony, Stathopoulos was asked to 
identify Louis Greco as one of the men at the scene of the 
Deegan murder. According to Stathopoulos, prosecutor Jack 
Zalkind pressed him to testify that Louis Greco was the other 
man who came out of the alley with Roy French. Stathopoulos 
told Zalkind that he was not able to identify the second man. 
Zalkind then informed Stathopoulos that he did not have to be 
100% certain, but that 99% certainty was sufficient. 
Stathopoulos was aware that the individual who came out of the 
alley was carrying a gun in his right hand, and that he did not 
have a limp. Later, Stathopoulos was told that Greco was left-
handed, and that he did have a limp. When Stathopoulos asked 
Zalkind how he would be able to identify Greco in court he was 
provided the order of seating for the defendants. In 
Stathopoulos's opinion, both Jack Zalkind and Detective John 
Doyle knew that Louis Greco was not at the scene of the Deegan 
murder, but ``they wanted him bad.''
    Stathopoulos did testify that he saw Greco come out of the 
alley. He knew at the time that this was not truthful 
testimony; nevertheless, he had been led to believe by law 
enforcement officials that Greco would kill him if he were not 
locked up. Perhaps more important, Stathopoulos thought it 
prudent simply to do what he had been asked to do.\143\
---------------------------------------------------------------------------
    \143\ Stathopoulos's description of his Deegan murder trial 
testimony is similar to a description provided by John ``Red'' Kelly 
about his testimony in a murder trial which involved former Special 
Agent H. Paul Rico. ``Red'' Kelly testified that he was asked to commit 
perjury by Special Agent Rico in a Rhode Island murder trial. He 
testified that he did commit perjury, and Special Agent Rico was also 
found to have committed perjury in that trial. When asked why he 
committed perjury, Kelly stated ``Well, my life was in their hands.'' 
Sworn Statement of Urbano Prignano (May 24, 1983) (Exhibit 763). Thus, 
Kelly and Stathopoulos provided similar explanations for the perjury 
that was committed in two different trials.
---------------------------------------------------------------------------
            v. Federal Involvement in the Deegan Prosecution
    The Deegan murder prosecution was conducted by the office 
of the Suffolk County District Attorney. Thus, it was not a 
federal criminal prosecution. During the course of its 
investigation, the Committee received testimony that federal 
personnel had little to do with the two Suffolk County murder 
prosecutions.\144\ Documents produced to this Committee, 
however, suggest that FBI agents collaborated with local 
authorities as part of the prosecution. For example, on August 
9, 1967, the head of the FBI's Boston office sent the following 
urgent teletype regarding the DiSeglio murder prosecution to 
FBI Director Hoover:
---------------------------------------------------------------------------
    \144\ See Deposition of Dennis M. Condon, former Special Agent, 
Boston FBI Field Office (February 21, 2002); ``The California Murder 
Trial of Joe `The Animal' Barboza: Did the Federal Government Support 
the Release of a Dangerous Mafia Assassin?,'' Hearings Before the Comm. 
on Govt. Reform, 107th Cong. (Feb. 14, 2002) (testimony of Judge Edward 
Harrington); Interview with Edward F. Harrington, former Attorney in 
Charge, Organized Crime & Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Dec. 20, 2001); ``The Justice Department's Use of 
Informants in New England,'' Hearings Before the Comm. on Govt. Reform, 
107th Cong. (Dec. 5, 2002) (testimony of Paul Markham); ``The FBI's 
Controversial Handling of Organized Crime Investigations in Boston: The 
Case of Joseph Salvati,'' Hearing Before the Comm. on Govt. Reform, 
107th Cong. 220-21 (May 3, 2001) (testimony of H. Paul Rico).

        In statement to press, District Attorney Byrne stated 
        that this tremendous penetration into the La Cosa 
        Nostra and the hoodlum element was effected through the 
        outstanding investigative efforts of the FBI and his 
        office. As a matter of information, this entire case 
        which was presented to the grand jury by DA Byrne was 
        developed through the efforts and able handling of 
        Barboza by SA H. Paul Rico and Dennis M. Condon of the 
        Boston office. They also cooperated fully with DA Byrne 
        in the preparation of this matter for the grand jury. I 
        know that this indictment would not have been possible 
        in any sense of the word if it were not for the efforts 
        of these agents and the FBI at Boston. . . . I further 
        recommend that Supervisor John F. Kehoe who supervised 
        this entire program and was involved deeply in the 
        developments and the planning relative to Barboza and 
        the matters attendant to this indictment be strongly 
        commended for his excellent supervision.\145\
---------------------------------------------------------------------------
    \145\ Teletype from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Aug. 9, 1967) (Exhibit 151).

As this document makes clear, Special Agents Rico and Condon 
were so involved in the state case that they participated in 
the state grand jury preparation. Thirty-five years later, the 
FBI has redacted information pertaining to grand jury 
appearances. Nevertheless, it appears that the FBI Director 
himself or his staff was being kept informed of state grand 
jury developments in this case.\146\
---------------------------------------------------------------------------
    \146\ The date of this document indicates that it refers to the 
DiSeglio murder prosecution.
---------------------------------------------------------------------------
    It is worth noting that federal law enforcement officials 
closely involved with Barboza--H. Paul Rico, Dennis Condon, 
Paul Markham, and Edward Harrington--told the Committee that 
they did not pay close attention to the Deegan trial.\147\ 
Given the extraordinary importance of the Deegan trial--it was 
a death penalty case involving the alleged right hand men of 
New England organized crime bosses Raymond Patriarca and 
Gennaro Angiulo--it is hard to believe that federal officials 
failed to pay attention to Barboza's testimony. Moreover, FBI 
Director Hoover's office was notified of the Deegan murder 
trial result on the same day the verdict was returned.\148\ A 
claim of disinterest in the Deegan murder trial could have the 
effect of distancing federal law enforcement officials from 
Barboza and his perjurious testimony.
---------------------------------------------------------------------------
    \147\ See Deposition of Dennis M. Condon, former Special Agent, 
Boston FBI Field Office (Feb. 21, 2002); ``The California Murder Trial 
of Joe `The Animal' Barboza: Did the Federal Government Support the 
Release of a Dangerous Mafia Assassin?,'' Hearings Before the Comm. on 
Govt. Reform, 107th Cong. (Feb. 14, 2002) (testimony of Judge Edward 
Harrington); Interview with Edward F. Harrington, former Attorney in 
Charge, Organized Crime & Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Dec. 20, 2001); ``The Justice Department's Use of 
Informants in New England,'' Hearings Before the Comm. on Govt. Reform, 
107th Cong. (Dec. 5, 2002) (testimony of Paul Markham); ``The FBI's 
Controversial Handling of Organized Crime Investigations in Boston: The 
Case of Joseph Salvati,'' Hearing Before the Comm. on Govt. Reform, 
107th Cong. 220-21 (May 3, 2001) (testimony of H. Paul Rico).
    \148\ Teletype from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (July 31, 1968) (Exhibit 248).
---------------------------------------------------------------------------
    At the time of the Deegan murder prosecution, Special Agent 
Condon testified under oath that he was not a major figure in 
developing Barboza's testimony regarding the Deegan murder:

        Mr. Balliro: And is it fair to say that you and Agent 
        Rico have been major figures, so to speak, with regard 
        to the investigations surrounding the information 
        furnished by Mr. [Barboza]?

        Mr. Condon: No, sir.

        Mr. Balliro: It is not?

        Mr. Condon: No, sir.

        Mr. Balliro: Well, you have been participating in it, 
        is that correct?

        Mr. Condon: As it pertains to Federal matters, yes.

        Mr. Balliro: But not as it pertains to State matters?

        Mr. Condon: We have not been the principal figures, no, 
        sir.

        Mr. Balliro: I see. But you have been part of it, is 
        that correct?

        Mr. Condon: Yes, sir.\149\
---------------------------------------------------------------------------
    \149\ Trial Transcript, Commonwealth v. French (Suffolk County 
Super. Ct. July 19, 1968) at 5810-11 (Exhibit 244).
---------------------------------------------------------------------------

                                *  *  *

        Mr. Balliro: All right. Since Mr. [Barboza] has been 
        testifying on State matters rather than Federal 
        matters, do you say that you have no longer been 
        concerned about the purity of testimony that he might 
        give in a State court, a Federal court or any kind of 
        court?

        Mr. Condon: I am always concerned about the purity of 
        testimony on the part of any witness involving any 
        matter that I am concerned with.\150\
---------------------------------------------------------------------------
    \150\ Id.

When the Committee interviewed Mr. Condon, he suggested that 
local prosecutors developed the Deegan case, and that the FBI 
---------------------------------------------------------------------------
did not take credit for developing the Deegan prosecution:

        Mr. Wilson: Is it fair for us to characterize the FBI 
        as having taken a great deal of credit for the Deegan 
        prosecution?

        Mr. Condon: No, I don't believe so. I don't believe 
        so.\151\
---------------------------------------------------------------------------
    \151\ Deposition of Dennis M. Condon, former Special Agent, Boston 
FBI Field Office 210 (Feb. 21, 2002).

These answers, however, conflict with the FBI's own internal 
documents, where the FBI not only took credit for playing a 
role in developing Barboza's testimony, but also awarded 
bonuses and commendations for the successful effort to develop 
the Deegan case. For example, on August 5, 1968, just five days 
after the Deegan defendants were convicted, FBI Director J. 
---------------------------------------------------------------------------
Edgar Hoover sent the following note to Dennis Condon:

        In recognition of the excellent fashion in which you 
        performed in the investigation of a local murder case 
        involving Roy French and others, I am pleased to 
        commend you. You were highly instrumental in the 
        development of principal witnesses and, through your 
        effective testimony at the trial, all the subjects were 
        successfully prosecuted. I do not want the occasion to 
        pass without conveying my appreciation to you.\152\
---------------------------------------------------------------------------
    \152\ Letter from J. Edgar Hoover, Director, FBI, to Dennis Condon, 
Special Agent, Boston FBI Field Office (Aug. 5, 1968) (Exhibit 251).

Condon was commended for his work both in the Deegan murder 
investigation and for his trial testimony, and there can be 
little doubt that the dozens of times Special Agents Rico and 
Condon visited Joseph Barboza resulted in a great deal of 
discussion about the Deegan case.\153\ Indeed, Barboza himself 
testified that he discussed the Deegan case with law 
enforcement, including the FBI, eight or nine time before he 
told the entire story about the Deegan killing.\154\
---------------------------------------------------------------------------
    \153\ See, e.g., Teletype from Boston FBI Field Office to J. Edgar 
Hoover, Director, FBI (July 31, 1968) (Exhibit 248); Letter from J. 
Edgar Hoover, Director, FBI, to H. Paul Rico, Special Agent, Boston FBI 
Field Office (Aug. 5, 1968) (Exhibit 251); Memorandum from S.R. Burns 
to Mr. Walsh (Oct. 22, 1975) (Exhibit 254); Special Investigative 
Division Note (Oct. 4, 1968) (Exhibit 255); see also Memorandum from 
Special Agent in Charge, Boston FBI Field Office, to J. Edgar Hoover, 
Director, FBI (Mar. 29, 1968) (Exhibit 213) (``SA Condon's ability to 
develop Joseph . . . Barboza described as the most vicious criminal in 
New England and one whom law enforcement generally felt could never be 
compromised, required months of labor, seven days weekly, coupled with 
intelligence, aggressiveness and foresight.'')
    \154\ Trial Transcript, Commonwealth v. French, at 4655 (Suffolk 
County Super. Ct. July 2, 1968) (Exhibit 243).
---------------------------------------------------------------------------
    It is particularly important to compare Condon's testimony 
before the Committee with the teletype to FBI Director Hoover 
that explains how Special Agents Rico and Condon worked so 
closely with the local prosecutors that they ``cooperated fully 
with DA Byrne in the preparation of this matter [presumably the 
DiSeglio case] for the grand jury.'' \155\ There appears to be 
no doubt whatsoever that the FBI played the pivotal role in the 
state's case. There is no indication that FBI personnel did not 
play as significant a role in assisting the state in the Deegan 
case. Indeed, a letter from federal prosecutor Edward 
Harrington to Gerald Schur, who ran the Justice Department's 
Witness Protection Program from Washington, D.C., indicates 
just how involved federal law enforcement was in the Deegan 
case and its aftermath:
---------------------------------------------------------------------------
    \155\ Teletype from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Aug. 9, 1967) (Exhibit 151).

        It is requested that employment be procured for 
        Lawrence P. Hughes. Mr. Lawrence P. Hughes . . . has 
        been kept in protective custody by the Suffolk County 
        District Attorney's Office as a potential witness for 
        the last two months. Hughes furnished information 
        relative to a meeting in the woods in the Freetown, 
        Massachusetts area between Joseph [Barboza] Baron and 
        Frank Davis, an associate of Raymond L.S. Patriarca, 
        relative to negotiations for a change of testimony on 
        the part of Baron to release the organized crime 
        figures that he had testified against. Hughes also was 
        present when F. Lee Bailey turned over $800 to Baron 
        and told him (Baron), `The people would pay the 
        $500,000 but he would not be the intermediary.' Hughes 
        will testify to this in a hearing relating to a motion 
        for a new trial which has been filed by six Cosa Nostra 
        members who had previously been convicted for the 
        first-degree murder of Boston gangster Edward Deegan. 
        The Deegan murder case, one of the most significant 
        organized crime convictions in New England, resulted in 
        four other defendants being sentenced to death and the 
        two other defendants being sentenced to life 
        imprisonment. Although tried in the state court, the 
        conviction resulted from the joint cooperation of 
        federal and state authorities in Massachusetts. . . . 
        The Suffolk County District Attorney's Office, which 
        has been extremely cooperative with the Strike Force, 
        is requesting Strike Force assistance in obtaining 
        employment for Hughes until this matter is 
        resolved.\156\
---------------------------------------------------------------------------
    \156\ Memorandum from Edward F. Harrington, Attorney in Charge, 
Boston Field Office, Organized Crime and Racketeering Section, to 
Gerald Shur, Criminal Division, U.S. Department of Justice (November 
16, 1970) (Exhibit 366).

As this request indicates, Harrington not only states that the 
Deegan trial convictions resulted from the joint cooperation of 
federal and state authorities in Massachusetts, but that 
federal officials were eager to help obtain a job for Lawrence 
Hughes at a time when it was anticipated that Hughes would 
testify in response to a motion for a new trial for the Deegan 
defendants. Support by federal officials would permit state 
officials to deny that they had provided Hughes any financial 
or job-related assistance in advance of his testimony.
    In addition to the request regarding Hughes, there are also 
numerous indications that the FBI played the key role in 
preparing Joseph Barboza to testify in the Deegan case.\157\ As 
one senior FBI supervisor wrote to Deputy Director Cartha 
DeLoach in referring to the ``prosecutive achievement'' in 
Boston: ``[A]s a result of FBI investigation, in State court in 
Boston, Massachusetts, six more were convicted in the 1965 
slaying of Edward Deegan. La Cosa Nostra members Henry Tameleo, 
Ronald Cassesso, Peter Limone, and Louis Greco were all 
sentenced to death while two confederates were given life 
sentences.'' \158\ Two years later, senior FBI official Cartha 
DeLoach was provided additional information about the FBI's 
role in the Deegan murder prosecution:
---------------------------------------------------------------------------
    \157\ Id.
    \158\ FBI Memorandum from J.H. Gale to Mr. DeLoach (Nov. 15, 1968) 
(Exhibit 262). This memorandum also points to the importance the FBI 
attached to favorable publicity. Discussing the creation of organized 
crime task forces, Gale states that the ``principal objection [to the 
Task Force concept] is that the FBI's accomplishments would be 
submerged in the claiming of credit by the Task Force beyond its actual 
contribution, and they will wind up grabbing the lion's share of 
favorable publicity.'' Id.

        With the murder conspiracy conviction of New England 
        Mafia boss Raymond Patriarca and four other racket 
        figures in Rhode Island on 3/27/70, it is believed 
        appropriate to bring to your attention the truly 
        remarkable record established by SA [Paul] Rico in 
        organized crime investigations during recent years. The 
        achievements in question primarily involve SA Rico's 
        development of high-level organized crime informants 
        and witnesses, a field in which he is most adept. SA 
        Rico's development of Boston mobster Joseph Barboza, a 
        vicious killer and organized crime leader in his own 
        right, set off a chain of events which have seen the 
        surfacing of a number of additional racket figures in 
        New England as cooperative witnesses during the past 
        few years. Making use of compromising information he 
        had received from other top echelon informants he had 
        previously turned, Rico brought Barboza to the point 
        where he testified against Patriarca and two of his La 
        Cosa Nostra (LCN) subordinates in a[] . . . [g]ambling 
        case resulting in [the] conviction of all three in 
        Boston Federal Court on 3/8/68. . . . SA Rico also 
        induced Barboza to testify as the state's key witness 
        in Massachusetts in the gang slaying of hoodlum Edward 
        Deegan. In this case, Rico was additionally 
        instrumental in developing a second witness, attorney 
        John Fitzgerald, resulting in the 7/31/68 murder 
        convictions of LCN members Henry Tameleo, Ronald 
        Cassesso and Peter Lamone [sic], who were sentenced to 
        death; one additional death sentence for another 
        hoodlum, and life sentences for two others also 
        convicted in this case.\159\
---------------------------------------------------------------------------
    \159\ FBI Memorandum from J.H. Gale to Cartha DeLoach (March 31, 
1970) (Exhibit 308).

Prior to his becoming a cooperating witness, Barboza faced 
lengthy prison sentences for a variety of criminal offences. As 
this communication makes clear, however, it was information 
from other Top Echelon informants that convinced Barboza to 
testify. Specifically, it was Stephen Flemmi who was used to 
convince Barboza to testify. There is no doubt that before 
problems were discovered, the FBI claimed credit for the Deegan 
murder prosecution. Later, of course, when the Deegan 
prosecution became the subject of controversy, this approach 
changed.
    It is worth noting that when Judge Harrington was 
approaching his Senate confirmation hearings, he told the 
Chairman of the Senate Judiciary Committee: ``As a public 
prosecutor, I developed such significant accomplice witnesses 
as Joseph [Barboza], Vincent Teresa, `Red' Kelley, William 
Masiello and many others whose use as witnesses I always made 
available to local prosecution authorities. Cooperation with 
local law enforcement was my hallmark.'' \160\ Nine days later, 
Harrington again wrote to the Judiciary Committee Chairman: ``I 
never used an accomplice witness unless I was convinced that he 
was telling the truth and his testimony had been corroborated 
to the fullest extent possible. Nor did I ever condone any 
wrongdoing on any witness' part.'' \161\ These statements are 
subject to question. Barboza was made available to local 
authorities but, as the Deegan prosecutor testified before the 
Committee:
---------------------------------------------------------------------------
    \160\ Letter from Edward F. Harrington, Of Counsel, Sheridan, 
Garrahan & Lander, to Senator Joseph R. Biden, Jr., Chairman, Committee 
on the Judiciary (Jan. 20, 1988) (Exhibit 813).
    \161\ Letter from Edward F. Harrington, Of Counsel, Sheridan, 
Garrahan & Lander, to Senator Joseph R. Biden, Jr., Chairman, Committee 
on the Judiciary (Jan. 29, 1988) (Exhibit 813).

        I must tell you this, that I was outraged--outraged--at 
        the fact that if [the exculpatory documents] had ever 
        been shown to me, we wouldn't be sitting here . . . I 
        certainly would never have allowed myself to prosecute 
        this case having that knowledge. No way. . . . That 
        information should have been in my hands. It should 
        have been in the hands of the defense attorneys. It is 
        outrageous, it's terrible, and that trial shouldn't 
        have gone forward.\162\
---------------------------------------------------------------------------
    \162\ ``Investigations of Allegations of Law Enforcement Misconduct 
in New England,'' Hearing Before the Comm. on Govt. Reform, 107th Cong. 
25-26, 48 (May 11, 2002) (testimony of Jack Zalkind). Former Special 
Agent Dennis Condon was informed that the FBI maintained a file on the 
Deegan murder. He indicated that he had not seen any documents prepared 
by former Special Agent Rico about the Deegan murder. When asked ``do 
you wish that you had been made aware of those documents[,]'' Condon 
replied ``I would prefer that I had been aware of them, yes.'' 
Deposition of Dennis M. Condon, former Special Agent, Boston FBI Field 
Office 212-214 (Feb. 21, 2002).

Barboza was never directly confronted with his reluctance to 
provide information that would have Jimmy Flemmi ``fry,'' the 
discrepancy between the information obtained by microphone 
surveillance and his assertion that he was approached in 
January of 1965 and offered a contract to kill Deegan, and his 
inexplicable failure to include Raymond Patriarca as a co-
conspirator in the Deegan homicide. Deegan murder prosecutor 
Jack Zalkind told the Committee that: ``[t]he information that 
Joe Barboza had told an FBI agent that he would not implicate 
Jimmy Flemmi in a murder case is the most exculpatory piece of 
evidence that anyone could have.'' \163\ Also, singling out Red 
Kelley as a successful accomplice witness carried a certain 
danger in that the Rhode Island Supreme Court vacated a 
homicide conviction when it found that FBI Special Agent H. 
Paul Rico had suborned perjurious testimony from ``Red'' Kelley 
and had himself committed perjury in a Rhode Island murder 
trial.\164\
---------------------------------------------------------------------------
    \163\ Id. at 48.
    \164\ A more complete discussion of this matter can be found at 
Section II.B.7. It is worth noting that Judge Edward Harrington stated 
that he was not aware of the finding that former FBI Special Agent Rico 
had suborned perjury, and had himself committed perjury.
---------------------------------------------------------------------------
    Barboza's testimony about promises made to him also 
presents an interesting window into the relationship between 
federal law enforcement personnel and Joseph Barboza. During 
the Deegan trial, Barboza told the jury that he was ``hoping 
for a break,'' and that he was also hoping that his testimony 
``would be taken into consideration.'' \165\ He further stated 
that ``the only promise that has been made in regards to [his 
testimony] is that the FBI will bring it to the attention of 
the Judge.'' \166\ He also said that his wife and child would 
be protected.\167\ When asked if ``they made more promises than 
what you've told us about,'' Barboza answered ``No, sir.'' 
\168\ This testimony appears to conflict with what senior 
Justice Department officials in Washington knew at the time. 
For example, one senior official, responding to a request for 
money to be given to Barboza communicated the following to 
another senior official two years after Barboza's testimony:
---------------------------------------------------------------------------
    \165\ Id. at 4456 (Exhibit 243).
    \166\ Id. at 4460.
    \167\ Id. at 4652.
    \168\ Id. at 4653.

        The memoranda submitted by Walter Barnes do not in my 
        judgment support the expenditure of Nine Thousand 
        Bucks. . . . The additional $4,000 requested to make up 
        the total of Nine, obviously has no support. I am 
        bothered by the thought on this score that [Barboza], 
        if my recollection is correct, expected a $10,000 
        payment at the time his testimony was concluded.\169\
---------------------------------------------------------------------------
    \169\ Memorandum from Henry E. Peterson, Deputy Assistant Attorney 
General, Criminal Division, to William Lynch, Chief, Organized Crime 
and Racketeering Section, (March 3, 1970) (Exhibit 295).

This communication indicates that Barboza did have an 
expectation of more than he testified to. Indeed, in a letter 
to Washington, two senior prosecutors in Boston state that 
---------------------------------------------------------------------------
they:

        [T]hink it is fair to state that it was agreed by all 
        in the Department of Justice that at the time [Joseph 
        Barboza] was released from Government protection every 
        effort would be made to provide his [sic] with a job 
        and an unspecified sum of money. However, in the event 
        it was impossible to obtain a job for him because of 
        [his] extensive record (36 years old--17 in prison) and 
        inability to do anything, it was agreed that he would 
        be provided additional money. This position was made 
        known to [Barboza].\170\
---------------------------------------------------------------------------
    \170\ Memorandum from Walter T. Barnes and Edward F. Harrington, 
Attorneys, Organized Crime and Racketeering Section, Boston U.S. 
Department of Justice Field Office, to Henry E. Peterson, Deputy 
Assistant Attorney General, Criminal Division (June 6, 1967) (emphasis 
added) (Exhibit 292).

While this communication does not record the amount of money 
Barboza expected the government to provide, it does show that 
there was an understanding that Barboza would receive money, 
and that he would perhaps need additional sums in the future.
    In an interview conducted by the prosecutor who had tried 
the Deegan murder case, Barboza's former attorney, John 
Fitzgerald also confirmed that Barboza had an expectation that 
money would be paid to him by the federal government: ``He felt 
that they had promised him plastic surgery, he felt that two, 
they had promised him a lump sum of money, he felt that three, 
they had promised him a job as a V.A. cook.'' \171\
---------------------------------------------------------------------------
    \171\ Transcript of an interview conducted by Jack Zalkind and 
William J. Powers, Suffolk County District Attorneys Office, of John 
Fitzgerald (August 7, 1970) (Exhibit 324). During this interview, 
Fitzgerald also states that Barboza told him that federal law 
enforcement had agreed to pay for plastic surgery and promised him 
$2,500 ``for recuperating.'' Id.
---------------------------------------------------------------------------
    When former Special Agent Dennis Condon was asked about 
promises or inducements made to Barboza, he indicated that 
officials in Boston would not necessarily have known about such 
matters. Condon was asked: ``So, if the Justice Department had 
decided to do something specific for Barboza, you may not have 
known about that?'' Condon replied: ``True.'' \172\ Condon 
appears to have been aware that officials in Washington might 
not inform him of efforts made for Barboza that would have 
permitted him to testify that he was unaware of those efforts. 
Law enforcement personnel in Washington were aware that Condon 
or Rico would testify, and the purpose of their testimony would 
be to discuss promises made to Barboza. For example, on May 23, 
1968, a memorandum was directed to FBI Director Hoover about 
the Deegan case and the federal personnel who would testify: 
``Special Agents Condon and/or Rico regarding witness [Barboza] 
first mentioning Deegan murder to them, referral of matter to 
District Attorney's office, no promises made, etc.'' \173\
---------------------------------------------------------------------------
    \172\ Deposition of Dennis M. Condon, former Special Agent, Boston 
FBI Field Office 193 (February 21, 2002).
    \173\ Document on file at the Department of Justice.
---------------------------------------------------------------------------
    The Committee requested all documents that would provide a 
more complete understanding of the deal proposed by the federal 
government to Joseph Barboza. The Justice Department was unable 
to provide any such records, nor did it indicate that there 
were such records but that they would not be provided to 
Congress. Thus, it appears that the government has not kept any 
records of proposals regarding Barboza's post-testimony 
accommodations, nor do there appear to be any records of the 
amounts of money provided to Barboza. The failure to keep 
records regarding individuals placed in the Witness Protection 
Program is another disturbing fact uncovered by the Committee's 
investigation.

5. The Failure to Prosecute Raymond Patriarca

    The FBI had clear information that Raymond Patriarca was 
complicit in the murder of Teddy Deegan.\174\ At the time of 
the Deegan murder trial, federal prosecutors believed that 
Patriarca had played a part in the Deegan murder. As Judge 
Edward Harrington testified:
---------------------------------------------------------------------------
    \174\ See Airtel from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI, and Special Agents in 
Charge, Albany, Buffalo, and Miami (Mar. 12, 1965) (Exhibit 70); Airtel 
from Special Agent in Charge, Boston FBI Field Office, to J. Edgar 
Hoover, Director, FBI (Mar. 10, 1965) (Exhibit 73).

        Judge Harrington: At least two references to the Deegan 
        murder gleaned from the [Patriarca microphone 
        surveillance] logs were cited in the prosecution 
        memorandum to manifest [Barboza's] veracity as a 
        witness, namely, that he had personal access to 
        Patriarca and would received authorizations from him, 
        as [Barboza] was asserting.\175\
---------------------------------------------------------------------------
    \175\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 113 
(Feb. 14, 2002) (testimony of Judge Edward Harrington).
---------------------------------------------------------------------------

                                *  *  *

        Judge Harrington: The fact that reference that 
        Patriarca gave authority to [Barboza] to kill Deegan 
        tended to corroborate his testimony in the federal 
        Marfeo case because it showed two things. One, that 
        Joseph [Barboza] had personal access to the boss of the 
        New England Mafia. That was something that some people, 
        including me, thought might not have been valid. The 
        second reason why it tended to corroborate [Barboza's] 
        testimony in the federal Patriarca case is it showed 
        that he received authorizations to kill from Patriarca. 
        And that, again, substantiated his testimony in the 
        federal Marfeo case.\176\
---------------------------------------------------------------------------
    \176\ Id. at 131-32.
---------------------------------------------------------------------------

                                *  *  *

        Mr. Burton: Now Patriarca would have been guilty of 
        complicity in a murder by giving permission to Barboza 
        and Flemmi to kill Deegan.

        Judge Harrington: No doubt about it.

        Mr. Burton: There is no question about that.

        Judge Harrington: No doubt about it.

        Mr. Burton: [W]hy didn't you prosecute him for that 
        case?

        Judge Harrington: The reason why we would not prosecute 
        him for that case is because it was a murder case. But 
        the fact that I said nothing when I did not see 
        Patriarca's name as a defendant in the Deegan murder 
        case proves that at that time, 5 months later, I had no 
        memory of the one reference in 3 years of logs that I 
        had looked at 5 months earlier.\177\
---------------------------------------------------------------------------
    \177\ Id. at 133.

Notwithstanding Patriarca's complicity in the Deegan murder, 
Patriarca was not prosecuted for this murder. Patriarca was the 
most important criminal target in New England, and one of the 
top criminal targets in the United States. Indeed as Judge 
Harrington testified, ``I would have loved to have seen 
Patriarca charged with the murder case.'' \178\ Despite 
Patriarca's importance as a target for criminal prosecution, no 
federal law enforcement personnel worked to convict Patriarca 
for the Deegan murder. Nor can these federal officials recall 
whether concerns were expressed about why Patriarca was not 
implicated by Barboza and why his failure to implicate 
Patriarca was not questioned.
---------------------------------------------------------------------------
    \178\ Id. at 157.
---------------------------------------------------------------------------
    Joseph Barboza did testify in one federal trial. When asked 
why a federal case was not brought for the Deegan murder, Judge 
Harrington replied:

        Because the object of the conspiracy, the killing of 
        Marfeo, was not completed at that time. He was killed 
        sometime later as a result of another conspiracy. The 
        Patriarca case and so-called Marfeo conspiracy was 
        brought federally because the object was not attained, 
        therefore we tried that as a travel act case in 
        Massachusetts. Whereas in Deegan and in DeSeglio the 
        murder was accomplished, therefore at that time it had 
        to be a State prosecution.\179\
---------------------------------------------------------------------------
    \179\ Id. at 187.

    The most surprising aspect of the failure to prosecute 
Patriarca for the Deegan murder is the absolute denials that 
the Deegan case was of interest to federal law enforcement. For 
example, Judge Harrington testified: ``I discussed with Mr. 
Rico about Mr. Barboza, but with respect to the federal 
Patriarca case, not the state Deegan murder case. . . . I will 
say it again. I never discussed the Deegan murder case with 
Joseph Barboza or with Mr. Rico.'' \180\
---------------------------------------------------------------------------
    \180\ Id. at 130-31.
---------------------------------------------------------------------------
    It is difficult to believe that, as Barboza was being 
developed as a witness, it was not a matter of intense 
discussion and debate as to whether Patriarca would be brought 
to justice for his part in the Deegan murder. At a minimum, it 
is unlikely that there would have been no discussion of why 
Barboza was not prepared to testify about facts that federal 
prosecutors believed to be true, particularly when those facts 
would have put Raymond Patriarca into a death penalty 
situation. Microphone surveillance gave the FBI access to 
Raymond Patriarca's confidential conversations. Indeed, it was 
through their bug that federal personnel were able to learn 
that Patriarca was involved in the Deegan murder. Thus, it is 
difficult to understand why Joseph Barboza did not testify 
truthfully regarding his visit to obtain Patriarca's permission 
to kill Teddy Deegan. That testimony, however, would have 
implicated Jimmy Flemmi, which Barboza wanted to avoid. It 
defies any rational thought process to argue that federal 
personnel did not discuss, at length, why Barboza did not put 
Raymond Patriarca into what would potentially have been a death 
penalty situation.

6. Post-Conviction Indications That a Grave Miscarriage of Justice Had 
        Occurred

    Guilty verdicts were returned against Joseph Salvati, 
Ronald Cassesso, Louis Greco, Henry Tameleo, Roy French, and 
Peter Limone on July 31, 1968.\181\ Almost immediately, 
information began to emerge that cast doubt on the verdicts. 
Most of this information would not, in the normal course of 
events, have led to a reevaluation of the verdict without the 
government's direct intervention. Nevertheless, if federal or 
state officials were conducting themselves in good faith, 
particularly given the information in their possession that had 
been denied to the Deegan defendants, one would have thought 
some form of post-conviction relief might have been entertained 
or discussed.
---------------------------------------------------------------------------
    \181\ Teletype from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (July 31, 1968) (Exhibit 247); Deegan Trial: 4 Get Chair, 
2 Life; Judge Hails Jury, Boston Globe, Aug. 1, 1968 (Exhibit 247).
---------------------------------------------------------------------------
    The information obtained from microphone surveillance of 
Raymond Patriarca would have provided some indication that 
there were problems with the Deegan murder prosecution. On 
August 8, 1971, FBI Director J. Edgar Hoover informed the 
Attorney General that Boston Police Commissioner Edmund 
McNamara had requested that the Patriarca information be made 
available to his office.\182\ Suffolk County District Attorney 
Garrett Byrne made the same request.\183\ A few days later, 
those requests were rejected.\184\ Although these requests did 
not target information relevant only to the Deegan prosecution, 
the information found in the logs would have shown that Barboza 
had not been forthcoming at trial.
---------------------------------------------------------------------------
    \182\ Memorandum from J. Edgar Hoover, Director, FBI, to Attorney 
General, U.S. Dept. of Justice (Aug. 2, 1971) (Exhibit 403).
    \183\ Memorandum from J. Edgar Hoover, Director, FBI, to Attorney 
General, U.S. Dept. of Justice (Aug. 3, 1971) (Exhibit 405).
    \184\ Memorandum from Will Wilson, Assistant Attorney General, 
Criminal Division, U.S. Dept. of Justice, to J. Edgar Hoover, Director, 
FBI (Aug. 6, 1971) (Exhibit 406); Memorandum from Will Wilson, 
Assistant Attorney General, Criminal Division, U.S. Dept. of Justice, 
to J. Edgar Hoover, Director, FBI (Aug. 10, 1971) (Exhibit 407).
---------------------------------------------------------------------------
    The following is a brief summary of information indicating 
that the Deegan verdict might have been wrong:

  LAccording to an FBI memorandum, a couple of days 
after the Deegan verdict, an informant advised that on July 31, 
1968, Stephen Flemmi's crime partner, Francis ``Frank'' 
Salemme, told the informant that in regards to the Deegan 
trial, ``the District Attorney's Office had lied, the witnesses 
in the trial had lied and also the Feds had lied and according 
to the informant, the only ones that did not lie were the 
defendants.'' \185\
---------------------------------------------------------------------------
    \185\ Memorandum from [Redacted], Special Agent, to [Redacted], 
Special Agent in Charge (Aug. 2, 1968) (Exhibit 250).

  LOn May 4, 1970, The Boston Globe reported that 
Boston Police Detective William Stuart said that he believed 
Tameleo, Limone, and Greco were not involved in the Deegan 
murder.\186\
---------------------------------------------------------------------------
    \186\ Boston Globe, May 4, 1970 (Exhibit 311). The Committee is 
aware that William Stuart was later implicated in the William Bennett 
murder.

  LJoseph Barboza submitted an affidavit on July 28, 
1970, stating that he intended to recant his Deegan trial 
testimony.\187\ He said that he wished to recant ``certain 
portions'' of his testimony that related to ``the involvement 
of Henry Tameleo, Peter J. Limone, Joseph L. Salvati and Lewis 
[sic] Grieco [sic] in the killing of Teddy Deegan.'' \188\ It 
is important to note that the four names provided by Barboza 
were consistent with information already in the hands of law 
enforcement, and that the two names not mentioned were also 
consistent with information in the hands of law enforcement in 
that those two individuals really were involved in the murder.
---------------------------------------------------------------------------
    \187\ Jerome Sullivan, Baron Admits Perjury in Deegan Murder Trial, 
Boston Globe, July 29, 1970 (Exhibit 321); Affidavit of Joseph 
(Barboza) Baron (July 28, 1970) (Exhibit 321).
    \188\ Id.

  LOn August 27, 1970, attorney F. Lee Bailey wrote a 
memorandum to attorney Joseph Balliro, saying, among other 
things, that ``[Joseph] Salvati and Louis Greco were not 
present at all. Further, [Henry] Tamelio [sic] and [Peter] 
Lemone [sic] had nothing to do with arranging Deegan's murder 
nor had they any reason to believe that it was going to occur. 
The person sitting in the rear of the automobile which the 
Chelsea Police Captain saw was in fact bald and was Vincent 
Felemi [sic].'' \189\
---------------------------------------------------------------------------
    \189\ Memorandum from Lee Bailey to Joe Balliro (Aug. 27, 1970) 
(Exhibit 328).

  LOn November 9, 1970, William Geraway executed an 
affidavit stating that ``[Barboza] admitted to me that five out 
of the six men he gave testimony against, four of whom are on 
death row, were innocent[.]'' The men he included among the 
innocent were Henry Tameleo, Peter Limone, Louis Greco, and 
Joseph Salvati.\190\
---------------------------------------------------------------------------
    \190\ Affidavit of William Geraway (Nov. 9, 1970) (Exhibit 363).

  LAnthony Stathopoulos, who was present when Deegan 
was murdered and who was almost killed himself, executed an 
affidavit on January 5, 1971. It states that ``[Barboza] told 
me that he was going to keep Flemmi out of it [the Deegan 
prosecution] because he said that Flemmi was a friend of his 
and the only one who treated him decently.'' \191\
---------------------------------------------------------------------------
    \191\ Affidavit of Anthony Stathopoulos (Jan. 5, 1971) (Exhibit 
375).

  LOn March 29, 1971, William Geraway executed an 
affidavit that says Barboza told him that Joseph Salvati had 
``no part in the crime whatsoever, nor any knowledge that it 
was to happen.'' \192\
---------------------------------------------------------------------------
    \192\ Affidavit of William Geraway (Mar. 29, 1971) (Exhibit 391).

  LOn April 16, 1971, a Boston newspaper reported that 
Boston Detective William Stuart swore in an affidavit that he 
gave evidence to John Doyle, Chief Investigator for the Suffolk 
County District Attorney's office, that Louis Greco, Peter 
Limone, Henry Tameleo, and Joseph Salvati were innocent of the 
Teddy Deegan murder. Stuart said that Doyle did not care and 
indicated that the men were probably guilty of other 
crimes.\193\
---------------------------------------------------------------------------
    \193\ Alan Jehlen, Byrne Had Evidence of Grieco's [sic] Innocence, 
Peabody Times, Apr. 16, 1971 (Exhibit 395).

  LVincent Teresa, one of the most heralded cooperating 
witnesses in organized crime trials, wrote a book in 1973. He 
says that he did not think that Henry Tameleo had anything to 
do with the murder, and that Joseph Salvati ``was just an 
innocent sucker who Barboza didn't like, but he's doing life 
because of what Barboza said. He never had anything to do with 
the hit.'' \194\
---------------------------------------------------------------------------
    \194\ Vincent Teresa, My Life in the Mafia 248 (Doubleday & 
Company, Inc. 1973).

  LOn May 28, 1974, The Boston Globe reported that 
Anthony Stathopoulos said in an affidavit that Barboza told him 
he lied during the Deegan trial by omitting the name of a 
participant out of friendship. The article also provides 
information that Louis Greco and Joseph Salvati were not 
involved.\195\
---------------------------------------------------------------------------
    \195\ William F. Doherty, Pair Charge Perjury, Seek New Trial in 
Deegan Killing, Boston Globe, May 28, 1974 (Exhibit 606).

  LGerald Alch, a lawyer who worked with F. Lee Bailey, 
signed an affidavit on April 9, 1976. It was based on 
interviews he conducted with Joseph Barboza in Walpole Prison, 
and it states that Barboza testified falsely about Peter Limone 
because he thought he would be strengthening his position with 
regard to promises made to him by law enforcement 
officials.\196\
---------------------------------------------------------------------------
    \196\ Affidavit of Gerald Alch (Apr. 9, 1976) (Exhibit 639).

  LOn November 29, 1976, Joseph Williams, Supervisor of 
the Investigation Unit, Board of Pardons prepared a memorandum 
for Board member Wendie Gershengorn. He states: ``The `word' 
from reputable law enforcement officers was that [Salvati] was 
just thrown in by Barboza on the murder because he hated 
subject[.]'' \197\
---------------------------------------------------------------------------
    \197\ Memorandum from Joseph M. Williams, Jr., Supervisor, Warrant, 
Investigation Unit, to Board of Pardons, Special Attention Board Member 
Gershengorn (Nov. 29, 1976) (Exhibit 654).

  LLouis Greco submitted to a polygraph examination 
that indicated he was not at the Deegan crime scene, according 
to an affidavit executed by attorney Richard Barest on December 
21, 1977.\198\
---------------------------------------------------------------------------
    \198\ Affidavit of Richard Barest (Dec. 21, 1977) (Exhibit 663). 
Greco had also taken a polygraph in 1967 that indicated he was not 
involved in the Deegan homicide. Commonwealth v. Grieco [sic], Case No. 
31601 (Suffolk County Super. Ct. Nov. 3, 1978) (Exhibit 673).

  LLouis Greco takes another polygraph examination on 
October 11, 1978, that indicates he was not in Massachusetts 
when Teddy Deegan was killed.\199\
---------------------------------------------------------------------------
    \199\ Memorandum from Charles R. Jones, Case Review Committee, 
American Polygraph Association, to Whom It May Concern (Oct. 11, 1978) 
(Exhibit 667).

  LF. Lee Bailey executed an affidavit on October 16, 
1978, which indicates that of those convicted for the Deegan 
homicide, French and Cassesso were involved, and Tameleo and 
Limone were not. Barboza implicated Tameleo and Limone because 
he was led by various authorities to believe that in order to 
escape punishment of charges pending against him, he would have 
to implicate someone of ``importance.'' Barboza said that he 
implicated Greco because of a personal grudge.\200\
---------------------------------------------------------------------------
    \200\ Affidavit of Francis Lee Bailey (Oct. 16, 1978) (Exhibit 
668).

  LRoy French executed an affidavit on April 27, 1983, 
stating that Greco, Tameleo, and Limone were not involved in 
the shooting of Deegan.\201\
---------------------------------------------------------------------------
    \201\ Affidavit of Roy French (Apr. 27, 1983) (Exhibit 758).

  LOn July 11, 1984, Ronald Cassesso told ``The Review 
Committee'' that Louis Greco was not in Massachusetts at the 
time of the Deegan murder.\202\
---------------------------------------------------------------------------
    \202\ Letter from Ronald Cassesso to The Review Committee (July 11, 
1984) (Exhibit 783).

  LIn a 1993 book titled The Godson: A True Life 
Account of 20 Years Inside the Mob, Willie Fopiano stated that 
most of those convicted in the Deegan murder were innocent. He 
said Salvati was not involved, commenting ``Salvati, who was 
just a doorman at an after hours joint, wouldn't swat a 
mosquito.'' \203\
---------------------------------------------------------------------------
    \203\ Willie Fopiano, The Godson: A True-Life Account of 20 Years 
Inside the Mob 127 (St. Martin's Press 1993).

  LOn July 30, 1993, a Detective Sergeant Bruce 
Holloway wrote a memorandum stating that former State Police 
Lieutenant Richard Schneiderhan indicated that he once heard 
Joseph Barboza's lawyer, Robert Fitzgerald, say that Joseph 
Salvati was included as one of the defendants by Barboza to 
obtain revenge for a past financial debt.\204\
---------------------------------------------------------------------------
    \204\ Memorandum from Bruce A. Holloway, Sergeant Detective, Office 
of Special Investigations, to James T. Curran, Lieutenant Detective, 
Office of Special Investigations (July 30, 1993) (Exhibit 855).

  LInvestigative reporter Dan Rea contacted John Doyle 
in 1993 to discuss the Deegan murder prosecution. Rea had just 
obtained the original copy of the Chelsea Police Report from 
the Deegan murder file at the Chelsea Police Department. Doyle, 
at the time of the Deegan homicide, was the Suffolk County 
District Attorney's investigator handling the case. The 
---------------------------------------------------------------------------
exchange between Rea and Doyle went as follows:

        [Doyle] said to him, what is it that you're bothering 
        me about now? And he said, well, he said that Chelsea 
        police report. Yeah, there was no Chelsea police 
        report. He said, yes, there is. As a matter of fact, I 
        found the original Chelsea police report, and I have a 
        copy of it. I would like to come over and show it to 
        you and discuss it with you. I don't want to see you. 
        Don't call me anymore. And that was the end of the 
        conversation.\205\
---------------------------------------------------------------------------
    \205\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 97 (May 3, 2001) (testimony of 
Victor Garo); see also Interview with Dan Rea (May 1, 2001).

  LOn July 11, 1995, James Southwood executed an 
affidavit which states that while preparing to write a book 
about Joseph Barboza in the early 1970s, Barboza said to him 
``Louie Greco wasn't in the alley.'' \206\
---------------------------------------------------------------------------
    \206\ Affidavit of James Southwood (July 11, 1995) (Exhibit 871).

  LIn an April 3, 1996, letter from federal prosecutor 
James Herbert to Suffolk County District Attorney Ralph Martin, 
Herbert indicated that Anthony Ciulla, who was friendly with 
Barboza and sometimes acted as his driver, said that Salvati 
was never mentioned by Barboza in connection with the Deegan 
murder and as a result he concluded Salvati was not involved in 
the crime. Jimmy Flemmi, however, was discussed.\207\
---------------------------------------------------------------------------
    \207\ Letter from Donald K. Stern, United States Attorney, by James 
D. Herbert, Assistant U.S. Attorney, Chief, Organized Crime Strike 
Force Unit, to the Honorable Ralph C. Martin, II, District Attorney, 
Suffolk County (Apr. 3, 1996) (Exhibit 875).

  LOn February 10, 2000, FBI Agent Daniel Doherty 
prepared a memorandum for federal prosecutor Fred Wyshak, 
stating that he had interviewed John Martorano, and that 
Martorano had indicated that both Jimmy Flemmi and Joseph 
Barboza had told him that they were participants in the murder 
of Teddy Deegan.\208\
---------------------------------------------------------------------------
    \208\ Memorandum from Daniel M. Doherty, Special Agent, to Fred 
Wyshak, Assistant United States Attorney (Feb. 10, 2000) (Exhibit 916).

  LFrancis Imbruglia executed an affidavit on July 27, 
2000, indicating that he was aware that Peter Limone, Henry 
Tameleo and Louis Greco had nothing to do with the Deegan 
murder.\209\
---------------------------------------------------------------------------
    \209\ Affidavit of Francis Imbruglia (July 27, 2000) (Exhibit 921). 
According to the Chelsea Police Report describing the Deegan murder, 
just before Deegan was killed Joseph Barboza left the Ebb Tide with 
``Ronald Cassesso, Vincent [``Jimmy''] Flemmi, Francis Imbruglia, Romeo 
Martin, Nicky Femia and a man by the name of Freddi[.]'' Statement by 
Thomas F. Evans, Lieutenant, Chelsea Police Department (Mar. 14, 1965) 
(Exhibit 80).

  LOn August 30, 2000, Wilfred ``Roy'' French indicated 
that his previous affidavit was accurate with the exception 
that he neglected to state that Joseph Salvati had nothing to 
do with the Deegan murder. He had made no mention of Salvati in 
the previous affidavit.\210\
---------------------------------------------------------------------------
    \210\ Letter from Wilfred Roy French to John Cavicchi (Aug. 30, 
2000) (Exhibit 922).

  LJoseph Balliro, the most experienced attorney among 
the Deegan defense lawyers, executed an affidavit on November 
14, 2000, stating that Jimmy Flemmi had provided him with 
information that was exculpatory for the Deegan defendants, and 
that he would divulge this information if ordered to do so by a 
court.\211\
---------------------------------------------------------------------------
    \211\ Affidavit of Joseph J. Balliro, Commonwealth v. Limone (Nov. 
14, 2000) (Exhibit 926).

  LOn January 2, 2001, Ronald Chisholm, who was Ronnie 
Cassesso's lawyer at the Deegan trial, said in a newspaper 
interview that Cassesso admitted to being a participant in the 
Deegan murder. Cassesso had told him that four of the six 
convicted were innocent. Cassesso also told him that before the 
Deegan trial began, FBI Special Agent H. Paul Rico approached 
him and said that he could escape prison if he corroborated 
Barboza's testimony. He refused and spent the remainder of his 
life in prison.\212\
---------------------------------------------------------------------------
    \212\ Edmund H. Mahony, Murdered Said Four More Innocent in '65 
Slaying, Lawyer Says, Hartford Courant, Jan. 3, 2001, at A8. (Exhibit 
929).

  LJoseph Balliro executed an affidavit on January 2, 
2001, indicating that Jimmy Flemmi told him that Barboza 
planned the Deegan murder and he participated in the 
crime.\213\
---------------------------------------------------------------------------
    \213\ Affidavit of Joseph J. Balliro, Commonwealth v. Limone (Jan. 
2, 2001) (Exhibit 930).

The above chronology, in a vacuum, cannot be considered 
dispositive. If federal and state law enforcement had not been 
in possession of information indicating that there had been a 
miscarriage of justice, and that Barboza had committed perjury, 
then it would have been easy to dismiss the above statements 
and affidavits as the type of routine information that attaches 
to any high profile criminal conviction. However, the above 
evidence is worth mentioning because it was consistent with 
what FBI officials already knew. It appears that the efforts to 
ignore information about the Deegan murder were almost directly 
related to the strength of the evidence indicating that some of 
those on trial were not involved in the crime as charged.
    Barboza also made a number of potentially significant 
comments in his private correspondence. In closing arguments, 
Limone's attorney, Robert Stranziani, quoted from a letter 
Barboza wrote to his then-girlfriend, ``I don't care whether 
they're innocent or not. They go.'' \214\ In another letter to 
a different friend, Barboza made a request that Dennis Condon 
and Edward Harrington be contacted so that he could talk to 
them. He further instructed this friend to place the calls from 
a particular individual's office, and he added: ``after all he 
wouldn't want to obstruct justice in a capital case! A'' \215\ 
In another letter to a Santa Rosa investigator he implied that 
he had the ability to upset the convictions caused by his 
testimony ``& a small Watergate will develop, & Walpole prison 
doors will open.'' \216\
---------------------------------------------------------------------------
    \214\ See Ronald Wysocki, Baron Dashed at Deegan Trial, Boston 
Globe, July 29, 1968 (Exhibit 245).
    \215\ Letter from John Costa [Joseph Barboza] to [Name Redacted by 
Committee] (Jan. 14, 1974) (``Smiley face'' appears in the original 
letter) (Exhibit 593).
    \216\ Letter from Joseph Bentley [Joseph Barboza] to Greg Evans 
(Mar. 22, 1974) (Exhibit 605). It is illustrative of the failures of 
the past forty years in New England that, while the federal government 
is opposing civil lawsuits in Boston alleging government misconduct, 
the Justice Department appears disinterested in obtaining evidence 
about Barboza and his perjurious testimony. For example, the Committee 
was able to obtain a large body of correspondence between Barboza and a 
number of individuals simply by asking the individuals. The Justice 
Department has not only refrained from making such a request, it has 
also failed to approach the individuals to ask them any questions about 
their substantive knowledge of Barboza, his testimony in the various 
cases during which he was a cooperating witness, and his subsequent 
criminal conduct.
---------------------------------------------------------------------------

7. The Deegan Murder Defendants After Conviction

    Federal law enforcement officials worked against the Deegan 
defendants receiving a fair trial by withholding significant 
exculpatory evidence. It appears, moreover, that once the 
Deegan defendants were incarcerated, federal law enforcement 
officials took affirmative steps to prevent them from receiving 
any form of executive clemency. The record is not complete on 
this point. Nevertheless, it appears that some of these steps 
were not grounded in fact.
    The Committee did not investigate efforts by Louis Greco 
and Henry Tameleo to obtain clemency. Therefore, commentary 
regarding their efforts to obtain executive clemency is 
omitted. The following sections discuss efforts by Joseph 
Salvati and Peter Limone to obtain executive clemency.
            i. Joseph Salvati
    After Joseph Salvati was convicted and sentenced to life in 
prison, he filed numerous commutation petitions in an effort to 
reduce his life sentence. Nearly thirty years after being 
sentenced, the Governor of Massachusetts finally commuted 
Salvati's sentence. Salvati's attorney, Victor Garo, described 
the commutation process in a May 3, 2001, Committee hearing:

        In Massachusetts when you are convicted of murder in 
        the first degree, you have no right to parole. The only 
        way that you have the right to parole is if you receive 
        a commutation, and a commutation is considered to be an 
        extraordinary legal remedy. In order to get a 
        commutation, three votes have to be taken, one by the 
        parole board sitting as the advisory board of pardons, 
        the second vote by the Governor of the Commonwealth of 
        Massachusetts, and the third vote by the Governor's 
        Council . . . a duly elected body. The three of those 
        votes have to be situated for you to get a commutation. 
        It is not easy to obtain.\217\
---------------------------------------------------------------------------
    \217\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 70 (May 3, 2001) (testimony of 
Victor Garo).

    Commutation applicants must initially file a petition for a 
commutation hearing with the Massachusetts Parole Board. If 
approved, petitioners earn the opportunity to present their 
case to the Advisory Board of Pardons. The Advisory Board of 
Pardons forwards approved petitions to the Governor. If the 
Governor concurs with the Advisory Board's recommendation that 
a prisoner's sentence be commuted, the petition is considered 
by the Governor's Council, a group of eight elected officials. 
With the Council's consent, a prisoner is granted clemency.
    Joseph Salvati's greatest obstacle proved to be the first 
one: receiving a hearing before the Advisory Board of Pardons. 
On November 28, 1975, Salvati filed his first petition for a 
commutation hearing with the Parole Board.\218\ The Parole 
Board voted unanimously to deny Salvati's petition for a 
hearing, pointing out that insufficient time had elapsed since 
his sentencing.\219\
---------------------------------------------------------------------------
    \218\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Martin K. Leppo, Partner, Leppo and Paris, to 
Executive Secretary, State of Massachusetts (Nov. 28, 1975)) (Exhibit 
630).
    \219\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (Received Dec. 10, 1975)) 
(Exhibit 635).
---------------------------------------------------------------------------
    For his second petition, Salvati enlisted the support of 
two officials who assisted in his prosecution: Frank Walsh and 
Jack Zalkind. Frank Walsh, Sergeant for the Boston Police 
Department, was an investigating officer in the Deegan 
murder.\220\ Walsh arrested Salvati on October 25, 1967, for 
the Deegan murder and assisted in Salvati's prosecution and 
conviction.\221\ In a letter to the Parole Board, the former 
detective wrote, ``This is the first time I have ever written 
to a Parole Board on behalf of any person. My sincere 
conviction that Mr. Salvati should be granted the opportunity 
to be heard by the Parole Board prompts me to express my 
views.'' \222\
---------------------------------------------------------------------------
    \220\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Frank L. Walsh, former Sergeant Detective, 
Boston Police Department, to Paul Carr, Administrative Assistant, 
Massachusetts Parole Board (Jan. 26, 1976)) (Exhibit 634).
    \221\ Id.
    \222\ Id.
---------------------------------------------------------------------------
    Jack Zalkind, the prosecutor in the Deegan trial, expressed 
an even stronger opinion. Mr. Zalkind's letter to the Parole 
Board stated, ``Mr. Salvati's involvement was minimal.'' \223\ 
He continued, ``I would have no hesitation to recommend that 
Mr. Salvati's Petition for Commutation be granted by the Parole 
Board. Furthermore, if the Board would like me to appear 
personally on behalf of Mr. Salvati, I would be willing to do 
so.'' \224\ Thus, two officials who had significant 
responsibility for putting Salvati in prison agreed that, at 
the very least, he deserved a hearing.
---------------------------------------------------------------------------
    \223\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Jack I. Zalkind, former Assistant District 
Attorney, Suffolk County, to Paul Carr, Administrative Assistant, 
Massachusetts Parole Board (Feb. 20, 1976)) (Exhibit 637).
    \224\ Id.
---------------------------------------------------------------------------
    In addition to these two letters, Parole Board member 
Wendie Gershengorn requested that Parole Board Investigator 
Joseph Williams prepare a confidential memorandum regarding 
Joseph Salvati.\225\ The memorandum stated: ``The `word' from 
reputable law enforcement officers was that subject [Joe 
Salvati] was just thrown in by Barboza on the murder because he 
hated subject, that Joseph Barboza was asked by people was this 
true and that Barboza denied this.'' \226\ Notwithstanding this 
observation by Williams, Gershengorn did not ask for any 
additional information. During testimony before the Committee, 
Gershengorn could not recall why she asked Williams to prepare 
a report or whether she asked for more information after she 
reviewed the report.\227\ In an interview with Committee 
investigators, Williams said the following about Salvati: ``To 
my knowledge, he was never involved in the [Deegan] murder.'' 
\228\ Despite this information, the Parole Board denied 
Salvati's second petition for a commutation hearing on February 
28, 1977. The Board found that Salvati had served an 
insufficient amount of time to warrant a hearing.\229\
---------------------------------------------------------------------------
    \225\ Massachusetts Executive Office of Public Safety Document 
Production (Memorandum from Joseph M. Williams, Jr., Supervisor, 
Warrant & Investigation Unit, to Massachusetts Parole Board (Nov. 29, 
1976)) (Exhibit 654); see also ``Investigations of Allegations of Law 
Enforcement Misconduct in New England,'' Hearing Before the Comm. on 
Govt. Reform, 107th Cong. 105 (May 11, 2002) (testimony of Wendie 
Gershengorn). In an interview with Williams, the Parole Board 
Investigator initially claimed that there were no documents indicating 
his involvement in Salvati's commutation attempts. Williams said he 
very rarely produced written reports on petitioners and was never asked 
to compile a report on Salvati. Contrary to Williams' claims, the 
Committee obtained a memorandum regarding Salvati that was drafted by 
Williams. In addition, the Committee has a second report written by 
Williams regarding Peter Limone, another Deegan defendant. Interview 
with Joseph Williams, former Supervisor of the Warrant & Investigation 
Unit, Massachusetts Parole Board (June 29, 2001).
    \226\ Massachusetts Executive Office of Public Safety Document 
Production (Memorandum from Joseph M. Williams, Jr., Supervisor, 
Warrant & Investigation Unit, to Massachusetts Parole Board (Nov. 29, 
1976)) (Exhibit 654).
    \227\ ``Investigations of Allegations of Law Enforcement Misconduct 
in New England,'' Hearing Before the Comm. on Govt. Reform, 107th Cong. 
105-07 (May 11, 2002) (testimony of Wendie Gershengorn).
    \228\ Interview with Joseph Williams, Supervisor of the Warrant & 
Investigation Unit, Massachusetts Parole Board (June 29, 2001).
    \229\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Massachusetts Advisory Board of Pardons, to the 
Governor, State of Massachusetts (Feb. 28, 1977)) (Exhibit 657).
---------------------------------------------------------------------------
    Nearly two years later, on February 1, 1979, Salvati filed 
his third petition for a commutation hearing.\230\ Jack Zalkind 
and Frank Walsh again wrote letters supporting a 
commutation.\231\ The Superintendent of Framingham Correctional 
Institute, where Salvati had been imprisoned for over five 
years, added his voice to the growing chorus advocating a 
shortened sentence for Salvati.\232\ Moreover, correction 
officers, social workers, businessmen, and family members wrote 
letters of support for Salvati. Unpersuaded, the Parole Board 
voted on February 16, 1979, not to grant him a hearing because 
``this petition has been presented too soon following 
conviction of Murder-First Degree.'' \233\
---------------------------------------------------------------------------
    \230\ Massachusetts Executive Office of Public Safety Document 
Production (Petition for Commutation of Sentence of Joseph L. Salvati 
(Feb. 1, 1979)) (Exhibit 679).
    \231\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Jack Zalkind, former Assistant District 
Attorney, Suffolk County (Mar. 12, 1979)) (Exhibit 683); Massachusetts 
Executive Office of Public Safety Document Production (Letter from 
Frank L. Walsh, former Sergeant Detective, Boston Police Department 
(Mar. 15, 1979)) (Exhibit 684).
    \232\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John E. Bates, Superintendent, Framingham 
Correctional Institution (Nov. 13, 1978)) (Exhibit 675).
    \233\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from the Massachusetts Advisory Board of Pardons, to 
the Governor, State of Massachusetts (Feb. 23, 1979)) (Exhibit 681).
---------------------------------------------------------------------------
    Salvati submitted his fourth petition for a commutation 
hearing on July 2, 1980.\234\ Several months later, on November 
18, 1980, FBI Agents John J. Cloherty, Jr., and Robert R. 
Turgiss met with the Deputy Commissioner of Corrections, the 
Director of Internal Affairs at the Department of Corrections, 
and the Superintendent at Framingham Correctional Institute, 
where Salvati was imprisoned.\235\ One of the purposes of this 
meeting was to discuss allegations that Salvati was using the 
prison's canteen to bring drugs into the institution.\236\ The 
FBI also alleged that Salvati was operating a gambling ring 
using the prison's telephones and computer equipment.\237\ On 
the same day the FBI brought these allegations to the attention 
of Corrections authorities, the Advisory Board of Pardons voted 
to deny Salvati a commutation hearing.\238\ Salvati was later 
cleared of any misconduct arising from these allegations.\239\
---------------------------------------------------------------------------
    \234\ Massachusetts Executive Office of Public Safety Document 
Production (Petition for Commutation of Joseph L. Salvati (July 2, 
1980)) (Exhibit 699).
    \235\ Department of Justice Document Production (Memorandum from 
John J. Cloherty, Jr., Special Agent, Boston FBI Field Office, to 
Special Agent in Charge, Boston FBI Field Office (Nov. 20, 1980)) 
(Exhibit 701).
    \236\ Id.
    \237\ Id. Salvati was later indicted for these offenses. See Prison 
Probe Indictments, Boston Globe, Mar. 28, 1982, at 40 (Exhibit 734).
    \238\ See Massachusetts Executive Office of Public Safety Document 
Production (Letter from Massachusetts Advisory Board of Pardons to the 
Governor, State of Massachusetts (undated)) (Exhibit 702).
    \239\ Massachusetts Executive Office of Public Safety Document 
Production (Memorandum from Tammy E. Perry, Assistant, to the Director, 
Massachusetts Advisory Board of Pardons (Nov. 28, 1988)) (Exhibit 749).
---------------------------------------------------------------------------
    Salvati petitioned the Board again on November 12, 
1985.\240\ By this time, the Board's reservations about 
granting Salvati a hearing had apparently abated. In a 
unanimous vote, the Board approved Salvati's petition in early 
January 1986.\241\ The Board reasoned that Salvati deserved a 
hearing based on his ``excellent institutional record,'' and 
the fact that three co-defendants in the Deegan trial had 
already received a hearing.\242\
---------------------------------------------------------------------------
    \240\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Victor J. Garo, Attorney for Joseph Salvati, to 
Louise Maloof, Executive Secretary, Governor's Council (Nov. 12, 1985)) 
(Exhibit 792).
    \241\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (Dec. 26, 1985, and Jan. 6, 
1986)) (Exhibit 794).
    \242\ Id.
---------------------------------------------------------------------------
    Following this vote, the Board requested information on 
Salvati from the Federal Bureau of Investigation,\243\ the 
Massachusetts Department of Correction,\244\ the Massachusetts 
Department of Public Safety,\245\ and the Suffolk County 
District Attorney.\246\ The FBI responded to the Board's 
request in a letter signed by Supervisory Special Agent James 
A. Ring. The letter connected Salvati to Frank Oreto, who was 
under investigation at the time for running a loansharking 
business. The letter notified the Board of the following:
---------------------------------------------------------------------------
    \243\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John J. Curran, Chairman, Massachusetts Parole 
Board, to James Greenleaf, Special Agent in Charge, Boston FBI Field 
Office (Feb. 4, 1986)) (Exhibit 795).
    \244\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John J. Curran, Chairman, Massachusetts Parole 
Board, to Michael V. Fair, Commissioner, Massachusetts Department of 
Correction (Feb. 4, 1986)) (Exhibit 795).
    \245\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John J. Curran, Chairman, Massachusetts Parole 
Board, to Frank Trabucco, Commissioner, Massachusetts Department of 
Public Safety (Feb. 4, 1986)) (Exhibit 795).
    \246\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John J. Curran, Chairman, Massachusetts Parole 
Board, to Newman Flanagan, District Attorney, Suffolk County (Feb. 4, 
1986)) (Exhibit 795).

        Concerning Joseph Salvati, investigation by the FBI and 
        Massachusetts State Police placed Salvati in contact 
        with Frank Oreto during November and December of 1985, 
        and particular details regarding a meeting between 
        these two individuals in the vicinity of the Museum of 
        Fine Arts in Boston has already been provided to you by 
        the Massachusetts State Police and is therefore not 
        being reiterated.\247\
---------------------------------------------------------------------------
    \247\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from James W. Greenleaf, Special Agent in Charge, 
Boston FBI Field Office, to John J. Curran, Chairman, Massachusetts 
Parole Board (Mar. 24, 1986)) (Exhibit 797). The names of both SAC 
James Greenleaf and Supervisory Special Agent James Ring appear on the 
letter, but only James Ring's signature is on the letter. Although 
Salvati was in prison, he did receive occasional furloughs.

The implication of this communication is that there might be 
something to the Salvati-Oreto contact for the Board to 
consider. In an effort to determine whether there was an 
innocent explanation for this contact, the Committee requested 
that the Department of Justice provide all records of 
intercepted conversations between Salvati and Oreto.\248\ If 
the Oreto surveillance tapes indicated that the contacts were 
innocuous, one would have expected the FBI to make this clear 
in its letter to the Parole Board.\249\ Similarly, if the tapes 
raised a matter of concern, one would have expected the FBI to 
provide that specific information to the Parole Board. The 
Justice Department, however, was unable to locate the tapes of 
the conversations or any transcripts of the tapes.\250\
---------------------------------------------------------------------------
    \248\ Letter from the Honorable Dan Burton, Chairman, Comm. on 
Govt. Reform, to John Ashcroft, Attorney General, U.S. Dept. of Justice 
(Dec. 18, 2001) (Appendix I). At this time, the FBI and Massachusetts 
State Police were conducting a joint investigation of Oreto. Oreto was 
under surveillance, and his telephone lines were wiretapped.
    \249\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from James W. Greenleaf, Special Agent in Charge, 
Boston FBI Field Office, to John J. Curran, Chairman, Massachusetts 
Parole Board (Mar. 24, 1986)) (Exhibit 797). Salvati's attorney, Victor 
Garo, maintains that his client and Oreto harmlessly met to discuss 
selling an antique car that sparked Oreto's interest. Interview of 
Victor Garo, Attorney for Joseph Salvati (Mar. 26, 2001).
    \250\ Communicated by telephone to James C. Wilson, Chief Counsel, 
Comm. on Govt. Reform.
---------------------------------------------------------------------------
    The impact of the letter from the FBI, however, was 
significant in that the Parole Board reversed its decision to 
grant Salvati a commutation hearing. All seven of the Board 
members cited the information provided by the FBI as the reason 
for denying Salvati a chance to be heard.\251\
---------------------------------------------------------------------------
    \251\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (Dec. 4, 1986)) (Exhibit 
800).
---------------------------------------------------------------------------
    On August 8, 1988, over twenty months after the FBI 
notified the Parole Board of the Salvati-Oreto contacts, the 
Board requested an update on the FBI's investigation.\252\ An 
FBI response to the Board's request for information was not 
included in the documents provided to the Committee by the 
Massachusetts Parole Board, which suggests that the FBI never 
responded to the Board's request.
---------------------------------------------------------------------------
    \252\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John J. Curran, Chairman, Massachusetts Parole 
Board, to James Ahearn, Special Agent in Charge, Boston FBI Field 
Office (Aug. 8, 1988)) (Exhibit 822).
---------------------------------------------------------------------------
    Salvati again applied for a commutation hearing on October 
17, 1988.\253\ The Board approved Salvati's petition for a 
hearing this time with Board member Michael Albano commenting 
that the concern raised by the FBI in 1986 was ``apparently 
resolved.'' \254\ Uncertain about the status of the 
investigation, the Board for a second time had requested an 
update on the FBI's probe into the relationship between Salvati 
and Oreto.\255\ The FBI responded in a letter stating that it 
had dropped the investigation of the contacts between Oreto and 
Salvati sometime after the Board's vote in 1986.\256\ Based on 
the evidence it had gathered, the FBI arrived at two 
conclusions: Salvati had no relationship with Oreto's loanshark 
operation, and Salvati likely met with Oreto so his wife could 
borrow money from Oreto.\257\ The Board was not informed that 
the Salvati-Oreto investigation was closed until it received 
this letter. With the FBI having reached an innocuous 
conclusion about the relationship between Salvati and Oreto, 
the Board unanimously granted Salvati clemency on December 8, 
1989.\258\ Although this was a positive step, it was only the 
first step in the process to obtain a release from prison.
---------------------------------------------------------------------------
    \253\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from Victor J. Garo to Louise Maloof, Executive 
Secretary, Governor's Council (Oct. 17, 1988)) (Exhibit 823).
    \254\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (Mar. 14, 1989)) (Exhibit 
824).
    \255\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from John J. Curran, Chairman, Massachusetts Parole 
Board, to James Ahearn, Special Agent in Charge, Boston FBI Field 
Office (Nov. 30, 1989)) (Exhibit 836).
    \256\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from James F. Ahearn, Special Agent in Charge, 
Boston FBI Field Office, to John J. Curran, Chairman, Massachusetts 
Parole Board (Dec. 1, 1989)) (Exhibit 837).
    \257\ Id.
    \258\ Massachusetts Executive Office of Public Safety Document 
Production (Executive Clemency Vote Sheet (Dec. 8, 1989)) (Exhibit 
838).
---------------------------------------------------------------------------
    The FBI first raised the possibility that Salvati was 
involved in Frank Oreto's loansharking business on March 24, 
1986.\259\ Over three and a half years later, the FBI finally 
resolved this concern on December 1, 1989.\260\ During this 
time, action on Salvati's commutation requests ground to a 
halt. Most disturbing, however, is that the FBI could have 
determined that Salvati was not involved in Oreto's 
loansharking business before writing the March 24, 1986, 
letter. According to Agent James Ring, the FBI official who 
signed the March 24, 1986, letter, the FBI found the Oreto's 
book of records on January 9, 1986 that indicated that Salvati 
was a debtor to, not an owner of, the loansharking 
business.\261\ Although the FBI and Massachusetts State Police 
had the records two and a half months before the FBI's warning 
letter to the Parole Board, their conclusions about Salvati's 
relationship to Oreto were not included in the letter.
---------------------------------------------------------------------------
    \259\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from James W. Greenleaf, Special Agent in Charge, 
Boston FBI Field Office, to John J. Curran, Chairman, Massachusetts 
Parole Board (Mar. 24, 1986)) (Exhibit 797).
    \260\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from James F. Ahearn, Special Agent in Charge, 
Boston FBI Field Office, to John J. Curran, Chairman, Massachusetts 
Parole Board (Dec. 1, 1989)) (Exhibit 837).
    \261\ Interview with James A. Ring, Supervisory Special Agent, 
Boston FBI Field Office (Sept. 25, 2002).
---------------------------------------------------------------------------
    After approving Salvati's clemency petition, the Board 
waited seventeen months before forwarding its recommendation to 
the Governor.\262\ Incoming Governor William Weld had already 
voiced opposition to clemency for the Deegan defendants.\263\
---------------------------------------------------------------------------
    \262\ Massachusetts Executive Office of Public Safety Document 
Production (Opinion of the Advisory Board of Pardons (Apr. 29, 1991)) 
(Exhibit 845).
    \263\ Id.; see also Letter from William F. Weld, U.S. Attorney, 
Dept. of Justice, to Michael S. Dukakis, Governor, State of 
Massachusetts (Sept. 12, 1983) (strongly recommending that the Governor 
deny clemency for Peter Limone, a Deegan defendant) (Exhibit 775); 
Letter from William F. Weld, U.S. Attorney, Dept. of Justice, to Brian 
A. Callery, Chairman, Massachusetts Parole Board (July 1, 1983) (urging 
the Board to deny a commutation to Limone) (Exhibit 770).
---------------------------------------------------------------------------
    The Board finally submitted its opinion to Governor Weld on 
April 29, 1991.\264\ For over a year and a half, Governor Weld 
took no action on Salvati's petition. The Governor ultimately 
responded on January 19, 1993, with a tersely worded rejection. 
The Governor based his denial ``in part upon the seriousness of 
the crimes and the length of your criminal record.'' \265\ 
However, ``the length of [Salvati's] criminal record'' only 
included a 1956 conviction for stealing a pair of pliers and a 
couple of traffic tickets.\266\
---------------------------------------------------------------------------
    \264\ Massachusetts Executive Office of Public Safety Document 
Production (Opinion of the Advisory Board of Pardons (Apr. 29, 1991)) 
(Exhibit 845).
    \265\ Massachusetts Executive Office of Public Safety Document 
Production (Letter from William F. Weld, Governor, Commonwealth of 
Massachusetts, to Joseph Salvati (Jan. 19, 1993)). (Exhibit 854).
    \266\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 72 (May 3, 2001) (testimony of 
Victor Garo). The 1956 conviction involved the theft of some pliers. 
See Massachusetts Executive Office of Public Safety Document Production 
(Opinion of the Advisory Board of Pardons (Apr. 29, 1991)) (Exhibit 
845).
---------------------------------------------------------------------------
    Soon after Weld's 1993 denial, Boston television journalist 
Dan Rea began to cover the Salvati case.\267\ Rea spotlighted 
evidence and witnesses that pointed to Salvati's innocence in a 
series of over thirty television reports.\268\ On February 5, 
1997, Governor Weld commuted Salvati's sentence.\269\ Despite 
the fact that Weld had recommended only six other commutations 
during his administration, the Governor insisted that his 
decision was unrelated to Salvati's newfound notoriety.\270\
---------------------------------------------------------------------------
    \267\ Don Aucoin, Weld Seeks Clemency for Salvati, Boston Globe, 
Dec. 19, 1996, at B1.
    \268\ Don Aucoin, Dead Convict's Lawyer Hits Weld on Sentence 
Commutation, Boston Globe, Jan. 4, 1997, at B6.
    \269\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation of Joseph Salvati (Feb. 5, 1997)).
    \270\ Don Aucoin, Dead Convict's Lawyer Hits Weld on Sentence 
Commutation, Boston Globe, Jan. 4, 1997, at B6.
---------------------------------------------------------------------------
            ii. Peter Limone
    A second Deegan defendant, Peter Limone, also encountered 
FBI opposition to his efforts to seek clemency. On his first 
three attempts, the Parole Board denied Limone a commutation 
hearing.\271\ On January 3, 1983, his luck changed when the 
Board granted Limone an opportunity to present his case for 
clemency.\272\ Within the month, the FBI wrote a letter to the 
Board stating, ``Current law enforcement intelligence reflects 
that Peter Limone continues to be considered an important cog 
in the Boston Organized Criminal element. Should Mr. Limone be 
released, he would enjoy a position of elevated status within 
the Boston Organized Crime Structure.'' \273\ Parole Board 
Investigator Joseph Williams concurred with the FBI's opinion 
that Limone was a member of the Boston mafia.\274\
---------------------------------------------------------------------------
    \271\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheets (Nov. 8, 1978, June 2, 
1981, and Mar. 23, 1982)) (Exhibit 674).
    \272\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (Received Nov. 4, 1982)) 
(Exhibit 750).
    \273\ Letter from John M. Morris, Supervisory Special Agent, Boston 
FBI Field Office, and James A. Ring, Acting Supervisory Special Agent, 
Boston FBI Field Office, to Brian A. Callery, Chairman, Massachusetts 
Parole Board (Jan. 27, 1983) (Exhibit 751). This letter was a response 
to the Parole Board's request for information on Peter Limone. Though 
Agent Ring signed the letter, he stated that he had no memory of the 
letter. Ring also stated that he suspected Agent Morris wrote the 
letter because Ring had just arrived at the Boston FBI Office in 
January 1983.
    \274\ Memorandum from Joseph Williams, Warrant & Investigation 
Unit, Massachusetts Parole Board, to the Advisory Board of Pardons 
(Apr. 22, 1983) (Exhibit 756).
---------------------------------------------------------------------------
    Several Board members told Committee investigators about 
personal contacts by FBI agents lobbying against Limone's 
release. Richard Luccio said he received an unsolicited 
telephone call from FBI agents, requesting that Limone's 
hearing be denied.\275\ Luccio told Committee investigators 
that the agents were attempting to influence his decision but 
were unsuccessful.\276\ Michael Albano, who was also a Board 
Member, told the Committee that two FBI agents personally 
visited him regarding the Limone commutation and asked him 
``intimidating'' questions.\277\ Albano said that one of the 
agents told him, ``If you let this bastard [Limone] out, you'll 
have to let them all out,'' referring to the other Deegan 
defendants. In addition, Mr. Albano and another Board Member, 
Kevin Burke, both recall that FBI agents attended the Limone 
hearing.\278\ In spite of the FBI's lobbying effort, the Board 
approved Limone's petition for a commutation on August 1, 1983, 
by a 5-2 vote.\279\ Massachusetts Governor Michael Dukakis, 
however, did not support the Board's recommendation and denied 
Limone clemency the following month.\280\
---------------------------------------------------------------------------
    \275\ Interview with Richard Luccio, Member, Massachusetts Parole 
Board (May 31, 2001).
    \276\ Id.
    \277\ Interview with Michael Albano, former Member, Massachusetts 
Parole Board (Sept. 23, 2002). Mr. Albano believes the two agents were 
Special Agent John Connolly and Supervisory Special Agent John Morris. 
Id. The Special Agent in Charge (SAC) of the Boston FBI Office at this 
time, James W. Greenleaf, said it would be unusual for an agent to 
request a meeting with a Board member regarding a petitioner, but SAC 
Greenleaf was unsure whether such actions violated Bureau policy. 
Interview with James W. Greenleaf, Special Agent in Charge, Boston FBI 
Field Office (Sept. 25, 2002).
    \278\ Interview with Kevin Burke, Member, Massachusetts Parole 
Board (May 30, 2001). James Ahearn, who served as Special Agent in 
Charge of the Boston Office from 1986 to 1989, commented that it would 
be ``most unusual and improper'' for an FBI agent to attend a 
commutation hearing unless authorized.
    \279\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (Aug. 1, 1983)) (Exhibit 
773).
    \280\ Shelley Murphy, Parole Panelists Cite Retaliation After Vote, 
Boston Globe, June 19, 2001.
---------------------------------------------------------------------------
    The full ramifications of the Limone vote were not felt 
until the following year. The former chairman of the 
Massachusetts Parole Board told Committee investigators that in 
1984, the two Board members who opposed Limone's commutation 
requested an investigation of the five Board members who 
favored Limone's commutation to determine whether they were 
influenced by organized crime figures.\281\ Another former 
Board member told Committee investigators that State Police 
Colonel Peter Agnes conducted the investigation in a ``very 
accusatory manner.'' \282\ Another Board member recalled for 
Committee investigators that Colonel Agnes told him that the 
FBI was either a partner in the investigation or interested in 
the results of the investigation.\283\ After the accused Board 
members were cleared of any criminal wrongdoing, the 
allegations were then referred to the state Ethics Commission, 
which found no violations.\284\ Former Board members told 
Committee investigators that the multiple investigations 
fractured the Board and caused its members to be wary of 
organized crime cases.\285\
---------------------------------------------------------------------------
    \281\ Interview with Brian Callery, former Chairman, Massachusetts 
Parole Board (June 26, 2001).
    \282\ Interview with Kevin Burke, former Board Member, 
Massachusetts Parole Board (May 30, 2001). Another Board member recalls 
that income tax records were searched for irregularities. Interview 
with Michael Albano, former Member, Massachusetts Parole Board (Sept. 
23, 2002).
    \283\ Interview with Michael Albano, former Member, Massachusetts 
Parole Board (Sept. 23, 2002).
    \284\ See Interview with Jack Curran, former Chairman, 
Massachusetts Parole Board (June 28, 2001); Shelley Murphy, Parole 
Panelists Cite Retaliation After Vote, Boston Globe, June 19, 2001, at 
B2.
    \285\ See Interview with Dick Luccio, former Board Member, 
Massachusetts Parole Board (May 31, 2001); Interview with Michael 
Albano, former Member, Massachusetts Parole Board (Sept. 23, 2002).
---------------------------------------------------------------------------
    Peter Limone received a second commutation hearing in 
1987.\286\ Upon request of the Parole Board, the FBI submitted 
two separate letters detailing contacts between Limone and 
organized crime members.\287\ The Board denied Limone's 
clemency request based, in part, on the FBI's letters.\288\ In 
1990, Limone again petitioned for clemency, but was not even 
granted a hearing.\289\ Judge Hinkle ordered Limone's release 
on January 5, 2001, because new evidence cast serious doubts on 
the credibility of Joseph Barboza, whose testimony helped 
convict Limone.\290\ Limone did not receive a commutation.
---------------------------------------------------------------------------
    \286\ Massachusetts Executive Office of Public Safety Document 
Production (Clemency Vote Sheet (Nov. 16, 1987)) (Exhibit 812).
    \287\ Letter from James Ahearn, Special Agent in Charge, Boston FBI 
Field Office, to John J. Curran, Chairman, Massachusetts Parole Board 
(Oct. 19, 1987) (Exhibit 810); Letter from James Ahearn, Special Agent 
in Charge, Boston FBI Field Office, to John J. Curran, Chairman, 
Massachusetts Parole Board (Oct. 28, 1987) (Exhibit 811).
    \288\ Letter from James Ahearn, Special Agent in Charge, Boston FBI 
Field Office, to John J. Curran, Chairman, Massachusetts Parole Board 
(Oct. 19, 1987) (Exhibit 810); Letter from James Ahearn, Special Agent 
in Charge, Boston FBI Field Office, to John J. Curran, Chairman, 
Massachusetts Parole Board (Oct. 28, 1987) (Exhibit 811).
    \289\ Massachusetts Executive Office of Public Safety Document 
Production (Commutation Hearing Vote Sheet (June 25, 1990)) (Exhibit 
842).
    \290\ Commonwealth v. Limone, No. 32367, 32369, 32370, slip op. at 
*14 (Suffolk County Sup. Ct. Jan. 5, 2001).
---------------------------------------------------------------------------

8. Efforts to Protect Stephen Flemmi After the Deegan Murder Trial

    After the Deegan murder trial, Stephen Flemmi led a charmed 
life. The FBI protected Flemmi from being prosecuted for his 
role in major criminal activities--including murder and 
attempted murder, drug dealing, and arms running--for the next 
two decades. The Committee has not thoroughly investigated 
these matters; nevertheless, a brief recapitulation of efforts 
to protect Stephen Flemmi provides an indication of how far the 
government went to assist their Top Echelon informant. Although 
the Justice Department has not yet provided the Committee with 
all documents pertaining to Stephen Flemmi, the following 
efforts to protect Flemmi have come to the Committee's 
attention:

  GOn December 23, 1967, Stephen Flemmi allegedly 
murdered William Bennett.\291\ On January 30, 1968, Flemmi 
allegedly planted a car bomb in attorney John Fitzgerald's 
car.\292\ Flemmi was indicted for the Bennett murder on 
September 11, 1969.\293\ He was indicted for his role in the 
Fitzgerald bombing on October 10, 1969.\294\ Prior to being 
indicted for these crimes, FBI Special Agent H. Paul Rico 
called Flemmi to warn him that he was about to be indicted and 
that he should flee.\295\ Flemmi followed Agent Rico's advice 
and left the country.\296\ Flemmi did not return to Boston 
until 1974, when Agent Rico advised Flemmi to return because 
his legal problems would be favorably resolved.\297\ Rico was 
correct. Robert Daddeico told Committee investigators that he 
was not pressed to testify against Flemmi for the Bennett 
murder and the Fitzgerald car bombing.\298\ On May 6, 1974, as 
arranged by Rico, Flemmi returned to Boston and was promptly 
released on bail.\299\ Soon thereafter, Flemmi's fugitive 
charges, the Bennett murder charges, and the car bombing charge 
were dismissed.\300\
---------------------------------------------------------------------------
    \291\ Interview with Robert Daddeico (Oct. 17-18, 2001); see also 
Shelley Murphy, Playing Both Sides Pays Off, Boston Herald, Apr. 23, 
1993.
    \292\ ``Law enforcement officials said Mr. Fitzgerald was targeted 
for death because he was the lawyer for a famed Cosa Nostra soldier 
turned-informer, Joseph Barboza Baron.'' Andy Dabilis & Ralph Ranalli, 
Mob Lawyer Maimed in '68 Dies, Boston Globe, July 5, 2001.
    \293\ See Office of Professional Responsibility Investigative 
Report (focusing on allegations of FBI mishandling of confidential 
informants) (Exhibit 280).
    \294\ Commonwealth v. Salemme, 323 N.E. 2d 922 (Mass. App. 1975).
    \295\ U.S. v. Salemme, 91 F. Supp. 2d 141, 148, 182 (D. Mass. 
1999), rev'd in part sub nom. U.S. v. Flemmi, 225 F.3d 78 (1st Cir. 
2000).
    \296\ Id.
    \297\ Id. at 185.
    \298\ Interview with Robert Daddeico (Oct. 17-18, 2001); Former FBI 
Special Agent Dennis Condon testified: ``It's also my understanding 
that Daddeico positively refused to testify against Flemmi, supposedly 
because he had a dislike for Salemme that he did not have for Flemmi, 
and refused to testify. That's my understanding. Deposition of Dennis 
M. Condon, former Special Agent, Boston FBI Field Office 187 (Fenruary 
21, 2002). It is worth noting that law enforcement did not pressure 
Daddeico to testify against Flemmi, and it appears that it was 
acceptable to law enforcement to allow the witness to testify against 
one defendant and refrain from testifying against another defendant 
based on personal friendship.
    \299\ Salemme, 91 F. Supp. 2d at 185.
    \300\ Id. at 182, 185. The Salemme court found:

      If Flemmi had been prosecuted in 1969 for the Fitzgerald 
      bombing or the William Bennett murder, his role as an FBI 
      informant might have been disclosed, and its legal 
      implications might have been examined, three decades ago. 
      Flemmi's successful flight to avoid prosecution spared 
      Rico, and the FBI the risk of the embarrassment and 
      controversy that disclosure of Flemmi's dual status as an 
      FBI informant and an alleged murderer has recently 
      entailed. Rico had reason to be concerned about 
      embarrassment to the FBI. . . . By honoring his promise to 
      protect Flemmi, Rico also promoted the possibility that 
      Flemmi would in the future again become a valuable FBI 
---------------------------------------------------------------------------
      informant.

  LA former Las Vegas police detective told Committee 
investigators that in 1970, the FBI interfered with a Nevada 
law enforcement investigation to protect Flemmi from being 
prosecuted for the murder of Peter Poulos.\301\

    \301\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).

  LIn 1977, FBI Special Agent John Connolly alerted 
Flemmi that a cleaning company had been ``wired'' to obtain 
evidence of Flemmi's loansharking.\302\ ``As a result, Flemmi 
avoided that location and was not intercepted.'' \303\
---------------------------------------------------------------------------
    \302\ Salemme, 91 F. Supp. 2d at 198.
    \303\ Id.

  LIn 1977 or 1978, National Melotone, a vending 
machine company, attempted to prompt an FBI probe of Stephen 
Flemmi for using threats of violence against National Melotone 
officials to have their machines replaced with machines from 
Flemmi's National Vending Company.\304\ Connolly sought to 
protect Flemmi and successfully dissuaded National Melotone 
officials from pursuing their allegations.\305\
---------------------------------------------------------------------------
    \304\ Id.
    \305\ Id.

  LIn October 1977, informant information indicated 
that Stephen Flemmi made death threats to an individual named 
Francis Green.\306\ Green corroborated this information.\307\ 
However, although Green was used as an important government 
witness in another matter, the FBI never sought to develop 
Green as a witness against Flemmi.\308\
---------------------------------------------------------------------------
    \306\ Id.
    \307\ Id.
    \308\ Id.

  LIn 1979, Boston Organized Crime Strike Force 
prosecutor Jeremiah O'Sullivan was conducting an investigation 
into allegations of a horse race-fixing scheme.\309\ The key 
witness, Anthony Ciulla, provided evidence that Stephen Flemmi 
participated in the scheme.\310\ Understanding that they could 
lose Flemmi as an informant, in early January 1979, FBI 
Supervisory Special Agent John Morris and FBI Special Agent 
John Connolly met with O'Sullivan in an effort to convince him 
not to indict and prosecute Flemmi.\311\ Notwithstanding 
evidence that Flemmi was a principal in the criminal 
conspiracy, Flemmi was not indicted for his role in the race-
fixing scheme.\312\ O'Sullivan testified before the Committee 
on December 5, 2002, that at the time he was considering 
indictments for the Ciulla race-fixing case, he knew Flemmi was 
a murderer but used ``prosecutorial discretion'' in deciding 
not to prosecute Flemmi.\313\ O'Sullivan claimed that he did 
not indict Flemmi because the testimony against him was 
uncorroborated.\314\ However, a prosecution memorandum shows 
that O'Sullivan indicted another individual, James Sims, even 
though the testimony against him was also uncorroborated.\315\ 
Moreover, O'Sullivan testified before the Committee that 
another reason that he did not indict Flemmi was because 
Flemmi's role in the race-fixing scheme was limited to receipt 
of proceeds from the illegal scheme.\316\ This testimony was 
false. When confronted with his own memorandum that Stephen 
Flemmi and James Bulger participated in a meeting to discuss 
the race-fixing scheme, that Bulger and Flemmi ``would help 
find outside bookmakers to accept the bets of the group'' that 
they were financiers of the conspiracy and that Flemmi appeared 
to be a part of the core working group of the conspiracy, 
O'Sullivan replied, ``You've got me.'' \317\
---------------------------------------------------------------------------
    \309\ Id. at 199; Memorandum from Gerald E. McDowell, Attorney in 
Charge, and Jeremiah T. O'Sullivan, Prosecutor, Organized Crime & 
Racketeering Section, Boston U.S. Dept. of Justice Field Office, to 
Gerald T. McGuire, Deputy Chief, Organized Crime & Racketeering 
Section, U.S. Dept. of Justice (Jan. 29, 1979) (document retained by 
the Justice Department).
    \310\ Salemme, 91 F. Supp. 2d at 199; Memorandum from Gerald E. 
McDowell, Attorney in Charge, and Jeremiah T. O'Sullivan, Prosecutor, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to Gerald T. McGuire, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Jan. 29, 1979) (document 
retained by the Justice Department).
    \311\ Salemme, 91 F. Supp. 2d at 200; ``The Justice Department's 
Use of Informants in New England,'' Hearings Before the Comm. on Govt. 
Reform, 107th Cong. 300-02 (Dec. 5, 2002) (testimony of Jeremiah 
O'Sullivan).
    \312\ Salemme, 91 F. Supp. 2d at 200; Memorandum from Gerald E. 
McDowell, Attorney in Charge, and Jeremiah T. O'Sullivan, Prosecutor, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to Gerald T. McGuire, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Jan. 29, 1979) (document 
retained by the Justice Department).
    \313\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 335 
(Dec. 5, 2002) (testimony of Jeremiah O'Sullivan); see also Shelley 
Murphy, Former US Attorney Denies Protecting FBI Informants, Boston 
Globe, Dec. 6, 2002, at A1.
    \314\ Id.; see also Shelley Murphy, Former US Attorney Denies 
Protecting FBI Informants, Boston Globe, Dec. 6, 2002, at A1.
    \315\ See Memorandum from Walter T. Barnes and Edward F. 
Harrington, Assistant U.S. Attorney, to Henry Petersen, Chief, 
Organized Crime and Racketeering Section (June 6, 1967) (document 
retained by the Justice Department) (``James L. Sims--The case against 
Sims rests solely on Ciulla's testimony.''). O'Sullivan also admitted 
this when testifying before the Committee. ``The Justice Department's 
Use of Informants in New England,'' Hearings Before the Comm. on Govt. 
Reform, 107th Cong. 301-02 (Dec. 5, 2002) (testimony of Jeremiah 
O'Sullivan).
    \316\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 325 
(Dec. 5, 2002) (testimony of Jeremiah O'Sullivan).
    \317\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 326 
(Dec. 5, 2002) (testimony of Jeremiah O'Sullivan); Memorandum from 
Gerald E. McDowell, Attorney in Charge of the Boston Strike Force, and 
Jeremiah T. O'Sullivan, of the Boston Organized Crime Strike Force, to 
Gerald T. McGuire, Deputy Chief of the Organized Crime and Racketeering 
Section (Jan. 29, 1979) (document is retained by the Justice 
Department). The memorandum states the following: ``The Boston Strike 
Force recommends the indictment of the twenty-one individuals listed 
below, including the principals of the Winter Hill gang, for their 
involvement with Anthony Ciulla in a multi-state pari-mutuel 
thoroughbred horse race fixing scheme involving race tracks in five 
states.'' The net profits were almost two million dollars. Ciulla and 
Barnoski met with Howard Winter ``and six of his associates'' in late 
1973 to discuss a race fixing scheme. ``Winter and his partners would 
provide the money necessary to carry out the scheme.'' The six 
associates included Flemmi and James Bulger. The memo states that after 
the initial meeting with Winter, Ciulla and Barnoski met with Winter's 
other partners in the scheme--John Martorano, Joseph McDonald, James 
Sims, John Martorano, James Bulger and Stephen Flemmi. Bulger and 
Flemmi ``would help find outside bookmakers to accept the bets of the 
group.'' ``Ciulla and the Winter group then began to fix races at 
tracks around the country.'' The scheme lasted for 2 years and more 
than 200 races were fixed. In an interview with the Committee, Anthony 
Ciulla confirmed that Bulger and Flemmi played a significant role in 
the race-fixing conspiracy and that prosecutors were fully aware of the 
extent of Bulger and Flemmi's activities. Interview with Anthony Ciulla 
(Dec. 5, 2002); see also J.M. Lawrence, Mob Scene; Bulger May Stay Mum 
on Whitey, Boston Herald, Dec. 6, 2002, at 1.

  LNotwithstanding the fact that FBI Supervisory 
Special Agent John Morris received informant information in 
July 1979 that Flemmi was ``shaking down'' bookmakers, the FBI 
made no effort to investigate this matter.\318\
---------------------------------------------------------------------------
    \318\ Salemme, 91 F. Supp. 2d at 201.

  LIn 1979 and early 1980, the FBI received informant 
information that Flemmi was involved in additional criminal 
activity, including illegal gambling and drug trafficking.\319\ 
The FBI did not investigate these allegations.\320\
---------------------------------------------------------------------------
    \319\ Id.
    \320\ Id.

  L``In 1980, the FBI contributed to frustrating a 
Massachusetts State Police investigation of criminal activity 
of . . . [Stephen] Flemmi and many others occurring at the 
Lancaster Street Garage[.]'' \321\
---------------------------------------------------------------------------
    \321\ Id. at 202-03; Interview with Bob Long, Sergeant, 
Massachusetts State Police (Apr.17, 2001).

  LIn 1981 and 1982, the FBI received reliable 
informant information that Stephen Flemmi was involved in 
illegal drug distribution and demanded money from bookmakers to 
operate in South Boston.\322\ However, the FBI did not 
investigate these allegations.\323\
---------------------------------------------------------------------------
    \322\ Salemme, 91 F. Supp. 2d at 208.
    \323\ Id. at 209.

  LOn May 27, 1981, business tycoon and owner of World 
Jai Alai, Roger Wheeler, was murdered in Tulsa, Oklahoma.\324\ 
Shortly thereafter, Flemmi became a major suspect in the 
Wheeler murder.\325\ Boston FBI officials prevented other FBI 
offices and local law enforcement agents, including Tulsa, 
Oklahoma, police officials, from interviewing Flemmi.\326\ 
Brian Halloran, who was facing a state murder charge, began 
cooperating with the FBI in Boston and implicated Flemmi in the 
Wheeler murder by stating that he met with Flemmi at former 
World Jai Alai President John Callahan's apartment and was 
asked to kill Wheeler.\327\ Concerned that Halloran's 
allegations would jeopardize Flemmi's informant status, FBI 
Supervisory Special Agent John Morris told FBI Special Agent 
John Connolly of Halloran's cooperation and claims against 
Flemmi.\328\ Agent Connolly then, in turn, told Flemmi.\329\ 
Halloran was murdered on May 11, 1982.\330\ Shortly after 
Halloran's murder, John Callahan's body was found in the trunk 
of his car at Miami International Airport on August 4, 
1982.\331\ Callahan had been killed weeks earlier.\332\ 
Callahan had been interviewed by the FBI in connection with the 
Wheeler murder.\333\ According to one former Miami Dade Police 
Detective, the Boston FBI Office also ``stonewalled'' Florida's 
efforts in investigating Flemmi's role in the Callahan 
murder.\334\
---------------------------------------------------------------------------
    \324\ See id. at 208.
    \325\ Id.
    \326\ See id. at 208, 211-12; ``The Justice Department's Use of 
Informants in New England,'' Hearings Before the Comm. on Govt. Reform, 
107th Cong. 272-73 (Dec. 5, 2002) (testimony of Michael Huff).
    \327\ See Salemme, 91 F. Supp. 2d at 208-09.
    \328\ See id.
    \329\ See id.
    \330\ See id. at 209-10.
    \331\ See id. at 210-13.
    \332\ See id. at 211.
    \333\ See Salemme, 91 F. Supp. 2d at 209.
    \334\ Interview with Shelton Merritt, former Detective, Metro Dade 
Police Dept. (Dec. 2, 2001) (``I was stonewalled and snowballed [by the 
FBI] and left to hang out and dry.''); See also Salemme, 91 F. Supp. 2d 
at 211.

  LAccording to U.S. v. Salemme,\335\ Brian Halloran 
was not the only informant that the FBI identified for 
Flemmi.\336\ FBI Special Agent H. Paul ``Rico disclosed the 
identity of several informants to Flemmi'' and FBI Special 
Agent John Connolly identified for ``Flemmi at least a dozen 
individuals who were either FBI informants or sources for other 
law enforcement agencies.'' \337\ The purpose of these 
disclosures was so that Flemmi ``could avoid making any 
unnecessary incriminating statements to other informants.'' 
\338\
---------------------------------------------------------------------------
    \335\ Salemme, 91 F. Supp. 2d at 213.
    \336\ Id.
    \337\ Id.
    \338\ Id.

  LIn mid-October 1984, John McIntyre, an engineer on a 
ship named the Valhalla, which was used in an attempt to 
deliver guns and ammunition from Massachusetts to the Irish 
Republican Army in Ireland, began providing information to 
local Massachusetts law enforcement about Flemmi's involvement 
in the Valhalla arms shipment.\339\ Local law enforcement told 
the FBI about McIntyre's cooperation.\340\ The FBI subsequently 
interviewed McIntyre regarding his allegations.\341\ The FBI 
then allegedly told Flemmi about McIntyre's cooperation and 
claims.\342\ ``[D]espite the obvious potential for McIntyre's 
cooperation to result in several significant, if not 
sensational cases, no evidence has been presented that the FBI 
conducted any investigation based on McIntyre's charges 
concerning . . . Flemmi[.]'' \343\ McIntyre disappeared around 
November 1984.\344\ His remains were found in a make-shift 
grave on January 14, 2000.\345\ Flemmi was later indicted for 
aiding and abetting in McIntyre's murder.\346\ Moreover, 
notwithstanding other evidence demonstrating Flemmi's 
involvement with the Valhalla arms shipment, Flemmi was not 
charged in a prosecution that took place years later regarding 
the Valhalla.\347\
---------------------------------------------------------------------------
    \339\ Id. at 213.
    \340\ Id. at 214.
    \341\ Id.
    \342\ Id. at 214-15; see also Dick Lehr, Mob Underling's Tale of 
Guns, Drugs, Fear Weeks Before His Death, McIntyre Felt `Trapped, 
Boston Globe, Feb. 27, 2000 at A1.
    \343\ Salemme, 91 F. Supp. 2d at 215.
    \344\ See Shelley Murphy, Remains of Slay Victim Cremated, Boston 
Globe, Mar. 15, 2001, at B3; Salemme, 91 F. Supp. 2d at 215.
    \345\ Shelley Murphy, 3 Bodies Unearthed in Dorchester, Bulger 
Confidant is Said to Give Tip, Boston Globe, Jan. 15, 2000, at A1; Dick 
Lehr, Mob Underling's Tale of Guns, Drugs, Fear Weeks Before His Death, 
McIntyre Felt `Trapped, Boston Globe, Feb. 27, 2000 at A1.
    \346\ U.S. v. O'Neil, 99-CR-10371-RGS, Superseding Indictment.
    \347\ Salemme, 91 F. Supp. 2d at 215.

  LIn January 1984, FBI Special Agent John Connolly 
received reliable information that Stephen Flemmi was involved 
in an ongoing extortion of the owners of the South Boston 
Liquor Mart.\348\ However, the FBI did not investigate this 
extortion in any way.\349\
---------------------------------------------------------------------------
    \348\ Id. at 210, 212.
    \349\ Id.

  LIn 1984 and 1985, the FBI told Stephen Flemmi that 
he was being targeted in a major Drug Enforcement Agency 
(``DEA'') investigation, which included electronic 
surveillance.\350\ The DEA's ``lengthy and expensive 
investigation was deemed unsuccessful and was eventually 
closed.'' \351\
---------------------------------------------------------------------------
    \350\ Id. at 220-42.
    \351\ Id. at 242.

  LIn April 1985, FBI Supervisory Special Agent John 
Morris told Stephen Flemmi that ``you can do anything you want 
as long as you don't clip anyone.'' \352\
---------------------------------------------------------------------------
    \352\ Id. at 242-43.

  LIn the late 1980's, Stephen Flemmi was protected 
from being prosecuted for his role in the extortion of reputed 
drug dealer Hobart Willis.\353\
---------------------------------------------------------------------------
    \353\ Id. at 254-55.

  LIn 1986, the FBI continued an investigation 
regarding payoffs to members of the Boston Police 
Department.\354\ Agent John Connolly forewarned Stephen Flemmi 
not to make incriminating statements to Boston Police 
Lieutenant James Cox, who was going to attempt to record 
conversations with Flemmi.\355\
---------------------------------------------------------------------------
    \354\ Id. at 258.
    \355\ Id.

  LIn 1988, the FBI received information implicating 
Stephen Flemmi in the Brian Halloran and Bucky Barrett 
murders.\356\ Notwithstanding receiving such significant 
information, this information ``was not provided to any agents 
responsible for investigating those matters or indexed so that 
it could be accessed by such agents.'' \357\
---------------------------------------------------------------------------
    \356\ Id. at 256-58.
    \357\ Id. at 258.

  LIn the spring of 1988, FBI Special Agents Robert 
Jordan and Stanley Moody prepared an application for electronic 
surveillance targeting bookmaker John Baharoian, Stephen 
Flemmi, and others.\358\ Prior to the inception of the 
surveillance, Agents John Morris and John Connolly warned 
Flemmi about the planned surveillance.\359\ The surveillance 
produced evidence that led to the indictment of John Baharoian 
and others.\360\ However, because he was forewarned, Flemmi was 
not intercepted, and therefore not indicted.\361\
---------------------------------------------------------------------------
    \358\ Id. at 259.
    \359\ Id.
    \360\ Id.
    \361\ Id.

  LIn 1988 or 1989, Agent John Connolly indirectly 
warned Stephen Flemmi through James Bulger that alleged 
extortion victim Timothy Connolly was cooperating with the FBI 
and would attempt to record conversations with Flemmi.\362\
---------------------------------------------------------------------------
    \362\ Id. at 263.

  LIn 1992, the United States Attorney's Office began a 
grand jury investigation targeting Stephen Flemmi.\363\ From 
1992 to 1995, Flemmi received frequent reports concerning the 
progress of the grand jury investigation from retired FBI Agent 
John Connolly, who was being fed information from his contacts 
at the FBI.\364\ Flemmi spoke to Connolly `` `constantly' 
concerning the ongoing grand jury investigation.'' \365\ 
Finally, on or about January 3, 1995, Connolly indirectly 
informed Flemmi, through James Bulger, that Flemmi was about to 
be indicted on or about January 10, 1995.\366\ However, despite 
the fact that he received the advance warning, Flemmi did not 
flee immediately and was arrested on January 5, 1995, prior to 
his indictment.\367\
---------------------------------------------------------------------------
    \363\ Id. at 294.
    \364\ Id. at 295-96.
    \365\ Id. at 296.
    \366\ Id. at 297.
    \367\ Id.

    Stephen Flemmi served as an FBI informant for thirty 
years.\368\ During that time, the FBI promised him 
protection.\369\ As discussed above, the FBI made good on this 
promise, protecting him from a long list of crimes, including 
murder, attempted murder, and even gun smuggling to a foreign 
country. Notwithstanding knowledge of his involvement in the 
Poulos and William Bennett murders, the maiming of attorney 
John Fitzgerald, and the certainty by at least one U.S. 
Attorney that he was a murderer, nothing was done until the 
mid-1990s to bring Stephen Flemmi to justice. To the contrary, 
extraordinary measures were taken to protect him. The 
protection of Stephen Flemmi is another unfortunate example of 
what happened in New England when the government used an ``ends 
justifies the means'' approach to law enforcement. No one 
disputes the proposition that destroying organized crime in the 
United States was an important law enforcement objective. 
However, the steps that were taken may have been more injurious 
than the results obtained. Along the way, lives were destroyed, 
witnesses were murdered, respect for the rule of law was 
eviscerated, and the government has been exposed to billions of 
dollars in potential civil liability.
---------------------------------------------------------------------------
    \368\ Id. at 148. At times he was technically closed as an 
informant. There appear to be few, if any, practical ramifications 
pertaining to these closures.
    \369\ Id. at 151.
---------------------------------------------------------------------------

9. The Misuse of the Flemmi Brothers as Informants: Two Human 
        Perspectives

    The FBI's misuse of informants had profound human 
consequences for a number of individuals. In the Deegan 
prosecution alone it appears that the death penalty was 
unfairly assessed and men innocent of the crime for which they 
were convicted died in prison. The following testimony, 
however, provides an indication of the human suffering caused 
by the FBI and Justice Department's failure to police its own 
use of informants:

        In returning from one of the visits before the trial of 
        her father, [Joe Salvati's daughter Sharon--around 8 or 
        9 years old at the time] came home and asked her mother 
        and then asked her father, daddy, what's the electric 
        chair? They say you're going to get the electric chair. 
        Are they giving you a present? \370\
---------------------------------------------------------------------------
    \370\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 32 (May 3, 2001) (testimony of 
Victor Garo).
---------------------------------------------------------------------------
                                           Testimony of Victor Garo
                                        Attorney for Joseph Salvati

                                *  *  *

        The government stole more than 30 years of my life. . . 
        . My life as a husband and father came to a tumbling 
        halt. In order to clear my name, it has been a long and 
        frustrating battle. Yet, through all the heartbreak and 
        sometimes throughout the years, my wife and I have 
        remained very much in love. Prison may have separated 
        us physically, but our love has always kept us together 
        mentally and emotionally. Our children have always been 
        foremost in our minds. We tried our best to raise them 
        in a loving and caring atmosphere even though we were 
        separated by prison walls. More than once my heart was 
        broken because I was unable to be with my family at 
        very important times.\371\
---------------------------------------------------------------------------
    \371\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 39 (May 3, 2001) (testimony of 
Joseph Salvati).
---------------------------------------------------------------------------
                                        Testimony of Joseph Salvati

                                *  *  *

        From October 25, 1967, the date my husband was 
        arrested, until January 30, 2001, when all the charges 
        were dropped, my life was extremely difficult. The 
        government took away my husband and the father of our 
        children in 1967. My world was shattered. This 
        wonderful life that we shared was gone. Many people 
        looked down on me. Children in the neighborhood would 
        tease our kids. I did my best to comfort my children 
        but no one was there to comfort me. Many a night I 
        cried by myself, and I suffered in silence.\372\
---------------------------------------------------------------------------
    \372\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 43 (May 3, 2001) (testimony of 
Marie Salvati).
---------------------------------------------------------------------------

                                *  *  *

        From the very beginning of imprisonment, I knew that it 
        would be important for the children to have constant 
        contact with their family, with their father. And every 
        weekend, you know, I'd dress up, pack a little lunch, 
        and we'd go off to see him for their hugs and their 
        kisses and whatever went on. And he would give them a 
        father's guidance, even though he was not home with 
        them. Sometimes it took hours to get there, and every 
        time you got there, you were all nervous.\373\
---------------------------------------------------------------------------
    \373\ Id.
---------------------------------------------------------------------------
                                         Testimony of Marie Salvati

                                *  *  *

        My father's life represented what many consider to be 
        the American ideal: vision, hard work, a good sense of 
        opportunity and maybe a little bit of luck. . . . One 
        Wednesday afternoon I received a call, telling me only 
        that my father had been shot in the head . . . . The 
        next day I had to repeatedly negotiate between the 
        funeral home and my mother. She kept asking to see her 
        husband. They kept asking for more time and finally, in 
        desperation, asked me, ``Do you realize where he was 
        shot?'' When we arrived at the funeral home to view my 
        father I finally started to lose control. My mother 
        kissed my father's body. I almost passed out fearing 
        that part of dad's face would fall apart.\374\
---------------------------------------------------------------------------
    \374\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 268-
69 (Dec. 5, 2002) (testimony of David Wheeler).
---------------------------------------------------------------------------
                                         Testimony of David Wheeler

    The Committee regrets that it has been unable to receive 
testimony from more of the victims of Joseph Barboza, the 
Flemmis, and James Bulger. Their stories are all tragic, and 
the Committee, by quoting the above testimony, does not wish to 
indicate that any one set of circumstances is worse than 
another.

               B. INTERFERENCE WITH STATE LAW ENFORCEMENT

    The use of Joseph Barboza as a cooperating witness and the 
development of Jimmy and Stephen Flemmi as informants led to 
problems in other state law enforcement activities. In 
California, for example, Joseph Barboza committed a murder, for 
which federal law enforcement officials tried to help him 
escape the legal consequences. In Nevada, Oklahoma, and 
Florida, murders were committed apparently involving Stephen 
Flemmi. The ensuing investigations appear to have been hampered 
by federal law enforcement officials. In Connecticut, federal 
officials appear to have worked against a state-wide probe of 
organized crime in the jai alai industry. Finally, FBI agent H. 
Paul Rico--who was intimately involved with the development of 
Joseph Barboza as a cooperating witness and Jimmy and Stephen 
Flemmi as confidential informants--was found by the Supreme 
Court of Rhode Island to have suborned perjury and to have 
himself committed perjury. As a result, one participant in a 
homicide was released from prison.
    This section discusses the intersection of state and 
federal law enforcement efforts, and how the use of Barboza and 
the Flemmis interfered with state efforts to enforce criminal 
laws.

1. California

    The murder of Clay Wilson by Joseph Barboza, and the 
ensuing prosecution for this homicide present one of the more 
bizarre stories in the annals of federal law enforcement. 
Notwithstanding Barboza's past as a brutal killer, he was 
resettled in Santa Rosa, California, as the first member of the 
federal Witness Protection Program. Shortly thereafter, he 
murdered a local criminal named Clay Wilson. Once this murder 
was discovered and Barboza was charged with the crime, the 
federal government went to great lengths to help Barboza escape 
the consequences of his crime.
            i. Joseph Barboza's Relocation to California
    Following his testimony in the Raymond Patriarca, Jerry 
Angiulo, and Edward Deegan cases in 1967 and 1968, the FBI 
relocated Joseph Barboza to Santa Rosa, California, in April 
1969. Barboza, also known as Joseph Baron, was given the name 
Joe Bentley. According to interviews by Committee investigators 
of FBI agents assigned to the Santa Rosa area at that time, the 
U.S. Marshals enrolled Barboza in a cooking school,\375\ and 
the FBI provided him with an automobile \376\ and took mail to 
him.\377\ Other than these minimal contacts, the agents said 
they had no contact with Barboza.\378\ In fact, Bill Baseman, 
the agent who ran the Santa Rosa FBI Field Office, said he did 
not want to have any contact with Barboza because he knew 
Barboza would get into trouble.\379\ FBI headquarters did not 
provide the Santa Rosa Office with any directions or 
instructions regarding Barboza and provided little or no 
information about Barboza's criminal background and cooperation 
with the government.\380\ Barboza's murderous past was clearly 
understood. One memorandum directed to FBI Director Hoover 
called Barboza ``a professional assassin responsible for 
numerous homicides and acknowledged by all professional law 
enforcement representatives in [the Boston] area to be the most 
dangerous individual known.'' \381\ Notwithstanding this 
belief, the FBI failed to inform local law enforcement of 
Barboza's presence in Santa Rosa.\382\
---------------------------------------------------------------------------
    \375\ Interview with Chuck Hiner, former Special Agent in Charge, 
San Francisco FBI Field Office (Sept. 25, 2001). Special Agent Dennis 
Condon told Chuck Hiner that Barboza had testified and was in the 
Witness Protection Program. Id. Hiner described the cooking school as a 
``den of thieves.'' Id.
    \376\ Interview with Chuck Hiner, former Special Agent in Charge, 
San Francisco FBI Field Office (Sept. 25, 2001).
    \377\ Interview with Doug Ahlstrom, former Special Agent, Santa 
Rosa FBI Field Office (Aug. 28, 2001); Interview with Bill Baseman, 
former Special Agent, Santa Rosa FBI Field Office (Sept. 24, 2001).
    \378\ Interview with Doug Ahlstrom, former Special Agent, Santa 
Rosa FBI Field Office (Aug. 28, 2001); Interview with Bill Baseman, 
former Special Agent, Santa Rosa FBI Field Office (Sept. 24, 2001); 
Interview with Chuck Hiner, former Special Agent in Charge, San 
Francisco FBI Field Office (Sept. 25, 2001).
    \379\ Interview with Bill Baseman, former Special Agent, Santa Rosa 
FBI Field Office (Sept. 24, 2001).
    \380\ Interview with Doug Ahlstrom, former Special Agent, Santa 
Rosa FBI Field Office (Aug. 28, 2001); Interview with Bill Baseman, 
former Special Agent, Santa Rosa FBI Field Office (Sept. 24, 2001); 
Interview with Chuck Hiner, former Special Agent in Charge, San 
Francisco FBI Field Office (Sept. 25, 2001).
    \381\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (June 20, 1967) (Exhibit 
141). According to Vincent Teresa, Barboza was ``dangerous. He was 
unpredictable. When he tasted blood, everyone in his way got it.'' 
Vincent Teresa, My Life in the Mafia 167 (Doubleday & Company, Inc. 
1973).
    \382\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 40 
(Feb. 13, 2002) (testimony of Ed Cameron and Tim Brown).
---------------------------------------------------------------------------
    Once settled in California, Barboza began making trips back 
to Massachusetts in violation of the terms of his parole.\383\ 
During these trips, Barboza negotiated with the mafia to recant 
his testimony in the Deegan trial in return for money.\384\ In 
May of 1970, Barboza met with an associate of New England Mafia 
boss Raymond L.S. Patriarca in Massachusetts. Barboza told 
Patriarca's associate that he would recant his testimony in 
exchange for $500,000 and the legal services of F. Lee 
Bailey.\385\
---------------------------------------------------------------------------
    \383\ One of the conditions of Barboza's parole was that he not 
return to Massachusetts. See Edward Counihan, Informer Baron Arrested, 
Parole Revoked, Boston Globe, July 18, 1970 (Exhibit 316).
    \384\ Trial Transcript, California v. Bentley (Cal. Super. Ct. Dec. 
7, 1971) at 192 (cross-examination of Joseph [Barboza]) (Exhibit 433). 
Another alleged reason for Barboza's return to Massachusetts concerned 
his apparent attempts to sell bonds or stock certificates that were 
stolen in California.
    \385\ Id. at 196-97; Interview with James Southwood, former 
reporter, Boston Herald Traveler (Sept. 28, 2001).
---------------------------------------------------------------------------
    In July of 1970, Barboza met with Bailey in New Bedford, 
Massachusetts.\386\ At this meeting, Barboza told Bailey that 
Henry Tameleo, Joe Salvati, Peter Limone, and Louie Greco were 
innocent of the Deegan murder.\387\ Furthermore, Barboza told 
Bailey that his testimony in the Patriarca case was largely 
fabricated and that FBI Agents H. Paul Rico and Dennis Condon 
assisted him with the fabrication.\388\ In light of these 
allegations, Bailey demanded that Barboza submit to a lie 
detector test.\389\
---------------------------------------------------------------------------
    \386\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 122 (May 3, 2001) (testimony of 
F. Lee Bailey); see also Affidavit of Francis Lee Bailey (Oct. 16, 
1978) (Exhibit 668).
    \387\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 122 (May 3, 2001) (testimony of 
F. Lee Bailey); see also Affidavit of Francis Lee Bailey (Oct. 16, 
1978) (Exhibit 668).
    \388\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 122-23 (May 3, 2001) (testimony 
of F. Lee Bailey).
    \389\ Id. at 123.
---------------------------------------------------------------------------
    Before Bailey could begin documenting Barboza's perjured 
testimony, Barboza was arrested on July 17, 1970, in New 
Bedford, Massachusetts, and imprisoned on firearm and narcotics 
charges.\390\ Once the Massachusetts Parole Board learned of 
his arrest, Barboza's parole was revoked based on a provision 
of his parole that prohibited him from ever returning to 
Massachusetts.\391\ On July 20, 1970, District Attorney Edmund 
Dinis dropped the firearms and narcotics charges purportedly 
due to constitutional problems arising because Barboza had no 
legal representation at his arraignment.\392\ However, 
according to Dinis, federal authorities had contacted him 
before he dropped the charges, stating that that they ``were 
concerned with [Barboza's] welfare'' and that ``[h]e [Barboza] 
ha[d] been most cooperative with them and given them vital 
testimony.'' \393\ After the firearm and narcotics charges were 
dropped, Barboza was imprisoned in Massachusetts' Walpole State 
Prison where he was held pending charges for his parole 
violation.\394\
---------------------------------------------------------------------------
    \390\ Baron Seized, Held on Arms, Pot Charges, Boston Globe, July 
17, 1970 (Exhibit 316).
    \391\ Id.
    \392\ Edward Counihan, Charges Against Baron Dropped, Boston Globe, 
July 20, 1970 (Exhibit 317).
    \393\ Id.
    \394\ Edward Counihan, Court Asked to Release Baron from Walpole, 
Boston Globe, Aug. 11, 1970 (Exhibit 325).
---------------------------------------------------------------------------
    Barboza's arrest prompted FBI Director Hoover's office to 
relay the following information to Attorney General John 
Mitchell:

        Without the knowledge of the Strike Force, Barboza 
        returned to New Bedford, Massachusetts, and was 
        arrested by the New Bedford Police Department[.]

                                *  *  *

        On July 20, 1970, the charges against Barboza were nol-
        prossed by the District Attorney's Office in that 
        Barboza's rights had been violated as he was not 
        represented by counsel.

                                *  *  *

        Our Boston office has advised that the Strike Force in 
        Boston and the District Attorney's Office, Suffolk 
        County, are attempting to have Barboza transferred from 
        the Massachusetts Correctional Institution because his 
        life could be in danger from other inmates.

        This matter will be followed and you will be advised of 
        additional pertinent information.\395\
---------------------------------------------------------------------------
    \395\ Letter from J. Edgar Hoover, Director, FBI, to John Mitchell, 
Attorney General, U.S. Dept. of Justice (July 22, 1970) (Exhibit 320).

Though FBI Director Hoover's statement that Barboza returned to 
Massachusetts without the knowledge of the Strike Force may 
have been true, FBI agents certainly knew that Barboza had been 
traveling to Massachusetts in violation of his parole terms. 
For example, in February 1970, FBI Special Agent Paul Rico 
warned Barboza to leave Massachusetts because of threats 
against his life.\396\
---------------------------------------------------------------------------
    \396\ Memorandum from Edward F. Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James F. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Nov. 29, 1971) (Exhibit 
426).
---------------------------------------------------------------------------
    Despite Barboza's arrest, F. Lee Bailey continued to 
extract information from Barboza concerning his testimony in 
the Deegan trial. On July 28, 1970, Barboza signed an affidavit 
stating, ``I wish to recant certain portions of my testimony 
during the course of the above-said trial [Commonwealth v. 
French] insofar as my testimony concerned the involvement of 
Henry Tameleo, Peter J. Limone, Joseph L. Salvati and Lewis 
[sic] Grieco [sic] in the killing of Teddy Deegan.'' \397\ 
Bailey, attempting to buttress the credibility of Barboza's 
affidavit, scheduled a lie-detector test for Barboza.\398\ In 
the meantime, Barboza began giving Bailey details of the Deegan 
murder and the circumstances surrounding his recantation. 
Bailey memorialized this information in a memorandum to Deegan 
defense attorney Joseph Balliro:
---------------------------------------------------------------------------
    \397\ Affidavit of Joseph Baron (July 28, 1970) (Exhibit 321). On 
August 3, 1970, Edward Harrington, Deputy Chief of the Strike Force, 
met with Suffolk County District Attorney Garrett Byrne and Jack 
Zalkind, the prosecutor of the Deegan case, to discuss ``the affidavit 
signed by Joseph Barboza Baron and filed in connection with the motion 
for a new trial on the Deegan murder case.'' FBI Airtel from Special 
Agent in Charge, Boston FBI Field Office, to J. Edgar Hoover, Director, 
FBI (Aug. 3, 1970) (Exhibit 323). At the meeting, Byrne told Harrington 
that Barboza's affidavit was insufficient to warrant a hearing because 
it contained only a general statement. Id.
    \398\ ``The FBI's Controversial Handling of Organized Crime 
Investigations in Boston: The Case of Joseph Salvati,'' Hearing Before 
the Comm. on Govt. Reform, 107th Cong. 123 (May 3, 2001) (testimony of 
F. Lee Bailey); see also Memorandum from Walter T. Barnes and Edward F. 
Harrington, Special Attorneys, Organized Crime & Racketeering Section, 
Boston U.S. Dept. of Justice Field Office, to James Featherstone, 
Deputy Chief, Organized Crime & Racketeering Section, U.S. Dept. of 
Justice (Aug. 28, 1970) (Exhibit 330).

        As you recall, when I met with [Barboza] at his request 
        in New Bedford, he stated that he had felt for some 
        time that he should make a direct effort to right the 
        injustice which his testimony had caused. He indicated 
        that he had been assured all along that (especially in 
        the murder cases) a conviction was unlikely, and after 
        the conviction occurred he was told to expect that due 
        to trial errors the Supreme Court would reverse the 
        cases, and of course there would never be a re-trial; 
        therefore, no permanent harm would be done to anyone 
        whereas the government would have accomplished its 
        primary objection: much publicity about prosecuting 
        organized crime.

                                *  *  *

        Nonetheless, after many hours of conversation with 
        [Barboza] at Walpole I am convinced that I have most of 
        the details of what actually took place.

                                *  *  *

        It appears that Mr. French did in fact shoot Deegan, 
        that Mr. Cassesso was present with [Barboza] in the car 
        and conspired to kill Stathopoulos but was not involved 
        in the Deegan killing, and that Salvati and Greco were 
        not present at all. Further, Tamelio [sic] and Lemone 
        [sic] had nothing to do with arranging Deegan's murder 
        nor had they any reason to believe that it was going to 
        occur. The person sitting in the rear of the automobile 
        which the Chelsea Police Captain saw was in fact bald 
        and was Vincent Felemi [sic]. Romeo Martin in fact shot 
        Deegan but the role ascribed to Greco as the third 
        assailant of Deegan in fact involved another man whose 
        last name begins with ``C'' as you had earlier 
        suggested to me.\399\
---------------------------------------------------------------------------
    \399\ Memorandum from Lee Bailey to Joe Balliro (Aug. 27, 1970) 
(Exhibit 328).

    Barboza told authorities that he was recanting his 
testimony in exchange for payment from the mafia. Yet, the 
information Barboza divulged to Bailey regarding the Deegan 
murder was more consistent with police reports on the murder, 
information received from informants, and information the FBI 
received independent of Barboza, both before and after the 
murder, than it was with Barboza's testimony at the Deegan 
trial.
    Barboza's arrest, however, presented the immediate problem 
of a potential prison sentence. On August 20, 1970, Barboza was 
charged with violating his parole, which carried a four to five 
year prison sentence. Five days later, on August 25, 1970, 
Bailey petitioned the court to allow Barboza to take a lie 
detector test.\400\ That same day, Walter Barnes, Special 
Attorney of the Organized Crime and Racketeering Section, was 
told that Barboza requested a meeting.\401\ Barnes and his 
colleague, Edward Harrington, met with Barboza at Walpole State 
Prison on August 28, 1970. Barnes and Harrington's memorandum 
of the meeting states that Barboza:
---------------------------------------------------------------------------
    \400\ Edward Counihan, Hearing on Barboza Test Continued, Starts 
Row, Boston Globe, Aug. 25, 1970 (Exhibit 326).
    \401\ Teletype from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (Aug. 25, 1970) (Exhibit 327). The memorandum states that 
Barboza wanted FBI Special Agent Dennis Condon to attend the meeting 
but that ``Condon will not see Barboza;'' see also Memorandum from 
Walter T. Barnes and Edward F. Harrington, Special Attorneys, Organized 
Crime & Racketeering Section, Boston U.S. Dept. of Justice Field 
Office, to James Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Aug. 28, 1970) (Exhibit 
330).

        Requested Barnes and Harrington to relocate his wife 
        and family from California in light of the fact that 
        their whereabouts had become public knowledge, having 
        been disclosed by his counsel, F. Lee Bailey, at a 
        prior court proceeding. Barnes and Harrington did not 
        make any response to this request. [Barboza] also 
        requested that his probation revocation warrant be 
        withdrawn. Barnes and Harrington advised [Barboza] that 
        they had no control over the Massachusetts Parole Board 
        and that they could make no promises in this regard.

                                *  *  *

        [Barboza] stated that it was his original intention to 
        inveigle members of the underworld into giving him 
        money on the pretext that he would recant his testimony 
        given in previous trials and that, when he received the 
        money, he would leave the area without recanting;

        [Barboza] also stated that his counsel, F. Lee Bailey, 
        ``made him sign the affidavit'' and that ``they'' have 
        sent his wife money in return for his signing the 
        affidavits[.]

                                *  *  *

        [Barboza] also advised that his testimony in the Deegan 
        case was truthful and that he had signed the affidavits 
        only for money; that he is not going to take the lie-
        detector test on August 31, 1970, for he feels that 
        once he has taken the test Bailey will have no further 
        use for him and that his life will be in danger; that 
        he will tell Bailey that he had spoken with Barnes and 
        Harrington merely to tell them that, if they were going 
        to pressure him by initiating criminal charges, he 
        would open up a ``Pandora's box.''

                                *  *  *

        Barnes and Harrington told [Barboza] that they would 
        and could make no promises to him but that they would 
        merely pass the results of their conversation on to 
        [Suffolk County] District Attorney Garrett Byrne, which 
        was done by Harrington at approximately 3:30 P.M. on 
        August 28, 1970.\402\
---------------------------------------------------------------------------
    \402\ Memorandum from Walter T. Barnes and Edward F. Harrington, 
Special Attorneys, Organized Crime & Racketeering Section, Boston U.S. 
Dept. of Justice Field Office, to James Featherstone, Deputy Chief, 
Organized Crime & Racketeering Section, U.S. Dept. of Justice (Aug. 28, 
1970) (Exhibit 330).

    According to both this memorandum and Harrington's 
testimony before the Committee, neither Barnes nor Harrington 
gave Barboza any instructions or guidance about recanting his 
testimony or taking the lie detector test.\403\ In a subsequent 
letter, however, Barboza appears to be referring to advice that 
Barnes and Harrington provided on this matter: ``Ted, when you 
[and] Walter came down to see me, you and Walter asked me not 
to do something and I didn't. How long can the little money I 
bled out of those creeps last, what'll happen to my wife and 
babies then?'' \404\
---------------------------------------------------------------------------
    \403\ Id; see also ``The California Murder Trial of Joe `The 
Animal' Barboza: Did the Federal Government Support the Release of a 
Dangerous Mafia Assassin?,'' Hearings Before the Comm. on Govt. Reform, 
107th Cong. 191-92 (Feb. 14, 2002) (testimony of Judge Edward 
Harrington).
    \404\ Letter from Joseph Barboza to Edward Harrington, Special 
Attorney, Organized Crime & Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Sept. 28, 1970) (Exhibit 342).
---------------------------------------------------------------------------
    Barboza also told Barnes and Harrington that F. Lee Bailey 
``made him sign the affidavit.'' \405\ However, when Barboza 
was prosecuted for murder the following year, the prosecutor 
asked Barboza whether the affidavit was truthful, and Barboza 
replied, ``It wasn't clearly understood by me.'' \406\
---------------------------------------------------------------------------
    \405\ Memorandum from Walter T. Barnes and Edward F. Harrington, 
Special Attorneys, Organized Crime & Racketeering Section, Boston U.S. 
Dept. of Justice Field Office, to James Featherstone, Deputy Chief, 
Organized Crime & Racketeering Section, U.S. Dept. of Justice (Aug. 28, 
1970) (Exhibit 330).
    \406\ Trial Transcript, California v. Bentley (Cal. Super. Ct. Dec. 
8, 1971) at 276 (cross-examination of Joseph Barboza) (Exhibit 433).
---------------------------------------------------------------------------
    The Suffolk County District Attorney's Office had its own 
reasons for wanting to keep Barboza in custody. In August 1970, 
Henry Tameleo, Ronnie Cassesso, Peter Limone, and Louis Greco 
filed motions for new trials.\407\ According to the FBI, the 
Suffolk County District Attorney planned to delay any 
proceedings against Barboza for violating his parole to ensure 
Barboza's presence in case the Deegan defendants were granted 
new trials.\408\ Thus, Barboza's fate would remain uncertain 
until the motions by the Deegan defendants were settled. The 
FBI's detailed understanding of what was happening to the 
Deegan defendants also indicates that the Deegan murder 
prosecution was a great deal more important than former Justice 
Department officials have depicted it to be.
---------------------------------------------------------------------------
    \407\ Limone Files Appeal of Deegan Slay Conviction, Boston Globe, 
July 30, 1970; Appeals for 4th in Slaying, Boston Globe, Aug. 18, 1970.
    \408\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Sept. 21, 1970) (Exhibit 341).
---------------------------------------------------------------------------
    During this time, Barboza was in contact with both 
organized crime figures and federal authorities about recanting 
his testimony in the Deegan murder trial. Barboza had two 
choices: either he could recant his testimony and possibly 
receive money from the mafia, or he could reassert his trial 
testimony and possibly avoid jail. Before he made his decision, 
law enforcement learned that Barboza had committed a murder in 
California while in the Witness Protection Program.
            ii. The Murder of Clay Wilson
    In October 1970, the Santa Rosa Police Department received 
letters from William Geraway and Lawrence Woods, two inmates in 
Walpole State Prison in Massachusetts, stating that Joe Barboza 
had committed a murder in California.\409\ Geraway had occupied 
the prison cell next to Barboza. A letter sent by Geraway and 
received by the Santa Rosa Police Department on October 1, 
1970, claimed that Barboza had described in extensive detail 
how he murdered an individual in the first week of July 
1970.\410\ Based on Geraway and Wood's letters and the 
disappearance of a man named Clay Wilson, Sonoma County law 
enforcement personnel began an investigation.\411\
---------------------------------------------------------------------------
    \409\ See Affidavit of Edwin F. Cameron (Oct. 13, 1970) (Exhibit 
343).
    \410\ See Memorandum from Dennis M. Condon, Special Agent, Boston 
FBI Field Office, to Special Agent in Charge, Boston FBI Field Office 
(Oct. 5, 1970) (Exhibit 345).
    \411\ While everyone involved with Geraway stated that his 
credibility was questionable, Geraway provided very precise details 
about the Wilson murder that the police were able to corroborate. See 
Letter from Tim R. Brown, Detective Sergeant, Sonoma County Sheriff's 
Office, to William R. Geraway (Jan. 14, 1972) (Exhibit 454). Geraway 
told the authorities that Wilson was shot in the head, bound, and 
buried in a shallow grave. Id. He also provided the names of two female 
witnesses to the murder, the location of the witnesses' residence, a 
description of their vehicles, and the names of one of the witness' 
children and pets. Id. Lawrence Wood later denied that Barboza told him 
details of the murder and said he learned the details only from 
Geraway.
---------------------------------------------------------------------------
    From the outset, the seasoned, veteran investigators from 
Sonoma County were not comfortable working with the FBI in the 
Wilson murder investigation. Ed Cameron, Investigator for the 
Sonoma County District Attorney's Office, stated that the FBI 
was not forthcoming with information about Barboza at the 
outset of their investigation.\412\
---------------------------------------------------------------------------
    \412\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 37-
39 (Feb. 13, 2002) (testimony of Ed Cameron); see also Interview with 
Tim Brown, former Detective Sergeant, Sonoma County Sheriff's Office 
(Aug. 30, 2001).
---------------------------------------------------------------------------
    Although not officially involved in the Wilson murder 
investigation, the FBI followed the investigation intently. On 
October 5, 1970, the San Francisco office informed FBI Special 
Agent Dennis Condon of Geraway's letter to the Santa Rosa 
police.\413\ Condon relayed this information to the Special 
Agent in Charge of the Boston office,\414\ who then passed the 
information on to FBI Director Hoover that same day.\415\ The 
San Francisco office informed the Boston office and Director 
Hoover that it was ``closely following [the Wilson] matter with 
local authorities.'' \416\ The Boston office requested that the 
San Francisco office apprise both Boston and FBI headquarters 
of all developments in the Wilson case.\417\ A memo from FBI 
Director Hoover then instructed the Boston and San Francisco 
offices to advise headquarters of the status of any 
prosecutions pending against Barboza.\418\
---------------------------------------------------------------------------
    \413\ Memorandum from Dennis M. Condon, Special Agent, Boston FBI 
Field Office, to Special Agent in Charge, Boston FBI Field Office (Oct. 
5, 1970) (Exhibit 345).
    \414\ Id.
    \415\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Oct. 5, 1970) (Exhibit 344).
    \416\ Teletype from San Francisco FBI Field Office to J. Edgar 
Hoover, Director, FBI, and Boston FBI Field Office (Oct. 13, 1970) 
(Exhibit 352).
    \417\ Teletype from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI, and San Francisco FBI Field Office (Oct. 15, 1970) 
(Exhibit 355).
    \418\ Memorandum from J. Edgar Hoover, Director, FBI, to Special 
Agent in Charge, Boston FBI Field Office (Dec. 23, 1970) (Exhibit 373).
---------------------------------------------------------------------------
    Sonoma County Investigator Ed Cameron traveled to Boston to 
learn more about Barboza and to interview William Geraway. 
Cameron met with FBI Special Agent Dennis Condon for a briefing 
on Barboza, but Condon provided only publicly available 
information.\419\ Cameron received more assistance and 
information from John Reagan of the Massachusetts State Police 
than from the FBI, which had harbored Barboza for the past four 
years.\420\ Cameron, who spent fifteen years in law enforcement 
as a police officer and then as an investigator with the 
District Attorney's Office, said that he had a bad feeling 
about the FBI in this case and was baffled as to why another 
law enforcement agency would not assist his investigation.\421\ 
In fact, Cameron's intuition about the FBI's malfeasance led 
him to take special precautions to determine whether someone 
was tampering with papers left in his hotel room.\422\ Although 
he did not know who was responsible, he told the Committee that 
he believed his briefcase was searched at a time when it was 
supposed to be securely locked in his room.\423\ Cameron's FBI 
contacts were Special Agents Rico and Condon.\424\
---------------------------------------------------------------------------
    \419\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 37 
(Feb. 13, 2002) (testimony of Edwin Cameron).
    \420\ Id.
    \421\ Id.
    \422\ Id. at 34.
    \423\ Id.
    \424\ Id. at 33.
---------------------------------------------------------------------------
    After returning to California, Cameron met with the 
prosecution team to discuss the status of the investigation. 
The team decided that Cameron should call Agent Condon to 
request records on Barboza. Cameron placed numerous telephone 
calls to Condon requesting the records, but Condon never 
returned his calls or produced the records.\425\
---------------------------------------------------------------------------
    \425\ Id. at 39.
---------------------------------------------------------------------------
    In the meantime, Detective Sergeant Tim Brown pursued the 
Barboza investigation for the Sonoma County Sheriff's Office. 
Prior to the discovery of the Wilson murder, Brown had routine 
contacts with FBI Special Agent Doug Ahlstrom of the Santa Rosa 
FBI Office. Agent Ahlstrom apparently became concerned after 
the sheriff's office received the letters from the two inmates 
regarding the Wilson murder. According to the police report on 
the murder, Agent Ahlstrom accompanied Detective Sergeant Brown 
to the home of the two eyewitnesses, Paulette Ramos and Clay 
Wilson's wife, Dee Wilson.\426\ Ahlstrom denied to Committee 
investigators that he went to the house in connection with the 
Wilson murder investigation, saying it concerned an unrelated 
matter.\427\
---------------------------------------------------------------------------
    \426\ Sonoma County Sheriff's Office Police Report on the Murder of 
Clayton Rickey Wilson (Oct. 22, 1970) (Exhibit 358).
    \427\ Interview with Doug Ahlstrom, former Special Agent, Santa 
Rosa FBI Field Office (Aug. 28, 2001).
---------------------------------------------------------------------------
    Law enforcement in Sonoma County was quickly able to 
corroborate the details provided by the inmates' letters. On 
October 12, 1970, investigators discovered Clay Wilson's body 
exactly where Geraway said it would be located.\428\ Over the 
next several days, the FBI learned that both eyewitnesses, Dee 
Wilson and Paulette Ramos, told local authorities that they saw 
Barboza shoot Wilson.\429\ Barboza was charged with first 
degree murder, a charge carrying a possible death penalty in 
California. He was then turned over to California authorities 
in late February 1971 \430\ and entered a plea of not guilty on 
March 1, 1971.\431\
---------------------------------------------------------------------------
    \428\ Letter from Tim R. Brown, Detective Sergeant, Sonoma County 
Sheriff's Office, to William R. Geraway (Jan. 14, 1972) (Exhibit 454); 
Teletype from San Francisco FBI Field Office to J. Edgar Hoover, 
Director, FBI (Oct. 13, 1970) (Exhibit 352).
    \429\ Id.; Teletype from San Francisco FBI Field Office to J. Edgar 
Hoover, Director, FBI, and Boston FBI Field Office (Oct. 16, 1970) 
(Exhibit 357).
    \430\ Airtel from Special Agent in Charge, Boston FBI Field Office, 
to J. Edgar Hoover, Director, FBI (Feb. 23, 1971) (Exhibit 379).
    \431\ Baron Pleads Not Guilty, Mar. 1, 1971 (Exhibit 382) 
(newspaper source illegible).
---------------------------------------------------------------------------
    Once Barboza was in the custody of Sonoma County law 
enforcement, Detective Sergeant Brown began meeting with Agent 
Ahlstrom several times a week to discuss any developments. One 
reason for their continual contacts was the fact that Brown 
began to surreptitiously record Barboza's conversations with 
visitors to his prison cell upon learning that a known 
bookmaker named Theodore Sharliss, also known as Jimmy Chalmis, 
was frequently visiting Barboza.\432\ Whenever the recordings 
yielded information Brown thought would be of interest to the 
FBI, he made a cassette tape of the relevant portion and gave 
it to Agent Ahlstrom.\433\ In fact, Brown stated that one of 
the tapes helped solve a murder in Las Vegas.\434\
---------------------------------------------------------------------------
    \432\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 54 
(Feb. 13, 2002) (testimony of Tim Brown).
    \433\ Id. at 55. The Committee was unable to obtain any of the 
tapes of the visits to Barboza either from the Sonoma County Sheriff's 
Office or the FBI.
    \434\ Id. at 54.
---------------------------------------------------------------------------
    Even though Sonoma County investigators shared information 
on the investigation with the FBI, the FBI failed to 
reciprocate and assist Sonoma County. Three or four months 
prior to the commencement of Barboza's trial, Brown was told 
that three individuals were coming from the East Coast to kill 
the two witnesses to the Wilson murder.\435\ Brown reached out 
to the FBI to identify the potential killers, but he received 
no response.\436\ Instead, non-FBI sources gave Brown the name 
of a Boston attorney who in turn provided the names of the 
assassins sent to the West Coast.\437\ Brown told the Committee 
that he was worried his two eyewitnesses would be murdered, yet 
federal law enforcement officials refused to provide 
assistance.\438\
---------------------------------------------------------------------------
    \435\ Id. at 48, 89. Brown believes that this information was 
provided to him by William Geraway. Id.
    \436\ Id. at 89.
    \437\ Id. at 48, 89. Brown believes that this information was 
provided to him by William Geraway. Id. Although the police tracked the 
alleged killers to their last known address in California, the men were 
never apprehended. The two witnesses were unharmed.
    \438\ Id. at 89.
---------------------------------------------------------------------------
    Eventually, Agent Ahlstrom began to give Detective Sergeant 
Brown some information. Agent Ahlstrom informed Brown that 
three federal officials would testify on Barboza's behalf.\439\ 
Brown believed that Agent Ahlstrom was unhappy with the fact 
that the federal officials were going to assist Barboza.\440\ 
Through their constant contact, Brown learned more about 
Barboza from Agent Ahlstrom than from any other source.\441\
---------------------------------------------------------------------------
    \439\ Id. at 49.
    \440\ Id.
    \441\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 43 
(Feb. 13, 2002) (testimony of Tim Brown).
---------------------------------------------------------------------------
    Before Barboza was extradited to California in late 
February 1971, he extracted a promise from Edward Harrington, 
Attorney-in-Charge of the Organized Crime and Racketeering 
Section in Boston. In a letter to Harrington on March 7, 1971, 
Barboza stated, ``You promised me you'd be down two weeks after 
I left. . . . [P]lease come down like you promised me, this can 
throw my case wide open[.]'' \442\ Harrington did indeed visit 
Barboza in his California prison cell, and he explained his 
visit in a memorandum to his superior, James Featherstone:
---------------------------------------------------------------------------
    \442\ Letter from Joe Barboza to Edward Harrington, Attorney in 
Charge, Organized Crime & Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Mar. 7, 1971) (Exhibit 385).

        Government witnesses John J. Kelley and Vincent C. 
        Teresa have advised the writer that the reason that 
        they decided to cooperate with the government was the 
        government's treatment of [Barboza] while he was in 
        protective custody and because the government fulfilled 
        their obligations to him.

                                *  *  *

        In keeping with the government's obligation to 
        [Barboza], I have assured [Barboza] that this office 
        would take all proper steps to insure that he receives 
        a fair and impartial trial on his pending murder 
        charge. This obligation must be kept in view of the 
        fact that many law enforcement officials in the Boston 
        area consider that the pending murder charge has been 
        concocted by the underworld as a means of retaliating 
        against [Barboza].

                                *  *  *

        This trip to confer with [Barboza] is important to the 
        interests of the government in that it is a fulfillment 
        of this office's commitments to do all within its power 
        to insure that [Barboza] suffers no harm as a result of 
        his cooperation with the federal government.

        The writer will do nothing to attempt to dissuade the 
        prosecution from bringing its case but will alert them 
        of the possibility that the murder is a Mafia frame. 
        The fulfillment of this obligation is also in the 
        practical interests of the government as [Barboza] may 
        otherwise determine that the government has failed him 
        in his time of need and, it is my judgment, that he 
        will then retaliate against the government by 
        submitting false affidavits to the effect that his 
        testimony in the Patriarca and Deegan cases was in fact 
        false, and thus tarnish those most significant 
        prosecutions.\443\
---------------------------------------------------------------------------
    \443\ Memorandum from Edward F. Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James J. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Mar. 23, 1971) (Exhibit 
386).

Harrington visited Barboza in California on March 25, 1971, and 
Barboza told Harrington that he had indeed killed Wilson and 
was not being framed by the Mafia.\444\ Barboza told Harrington 
that he shot Wilson in self-defense.\445\ However, Harrington 
admitted before the Committee that he was not convinced by 
Barboza's claim of self defense:
---------------------------------------------------------------------------
    \444\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 
163-64 (Feb. 14, 2002) (testimony of Judge Edward Harrington); 
Interview with Edward F. Harrington, former Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office (Dec. 20, 2001).
    \445\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 164 
(Feb. 14, 2002) (testimony of Judge Edward Harrington).

        Judge Harrington: Well, I have to reconstruct it. But 
        in essence, I wanted to find out whether he was framed 
---------------------------------------------------------------------------
        or was he involved in it.

        Mr. Tierney: So he told you he was involved in it, he 
        was guilty, right?

        Judge Harrington: No. He told me that it was self-
        defense.

        Mr. Tierney: But then you became familiar with the 
        circumstances of the case and you did not believe that 
        for a second.

        Judge Harrington: It was irrelevant. I was out there--
        --

        Mr. Tierney: Please, Judge. You did not believe it. You 
        are a seasoned attorney at that time, you did not 
        believe that at all, right?

        Judge Harrington: Well, if forced to answer, I would 
        say I would have thought that he killed him.\446\
---------------------------------------------------------------------------
    \446\ Id. at 163-64.

Barboza's admission that he shot Wilson and was not being 
framed by the Mafia still did not prevent the Justice 
Department and the FBI from continuing to assist him. Upon his 
return from California, Harrington again wrote his boss, Deputy 
Chief of the Organized Crime and Racketeering Section James 
Featherstone, to report on the results of his trip.\447\ 
Harrington stated that he met with Sonoma County District 
Attorney Kiernan Hyland and assured him that the Justice 
Department was not attempting to interfere with the 
prosecution.\448\ Rather, the Justice Department was merely 
fulfilling its promise to Barboza to inform the Sonoma County 
District Attorney's Office of the possibility that the Mafia 
framed Barboza for the Wilson murder.\449\ Remarkably, in the 
same memorandum, Harrington stated that he told Barboza's 
defense attorney, Marteen Miller, that FBI Agents Rico and 
Condon, along with John Doyle, Chief Investigator for the 
Suffolk County District Attorney's Office, were ``available to 
testify on behalf of [Barboza], if subpoenaed, as they possess 
information which would tend to discredit the veracity of 
prospective state witnesses Geraway and Wood.'' \450\
---------------------------------------------------------------------------
    \447\ Memorandum from Edward Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James J. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Mar. 31, 1971) (Exhibit 
392).
    \448\ Id.
    \449\ Id.
    \450\ Id. At the end of the memorandum to Featherstone, Harrington 
said that Barboza told him that the ``underworld'' would take no steps 
to try to overturn the Deegan murder convictions until Barboza was 
found guilty of the Wilson murder. At that time, the underworld would 
then offer him the money he would need to support his family from 
prison in return for affidavits disavowing his testimony in the Deegan 
trial. However, it should be noted that Barboza began negotiating with 
the underworld to change his testimony, including executing an 
affidavit renouncing certain portions of his testimony, before the 
Wilson murder was ever discovered.
---------------------------------------------------------------------------
    As Harrington stated in his memorandum, he met with 
District Attorney Hyland.\451\ Yet, the meeting was apparently 
more eventful than Harrington recalled. Hyland requested to 
meet with Harrington after learning from jail officials that 
Harrington had visited Barboza.\452\ According to Cameron, who 
attended the brief meeting, Hyland was angry that a prominent 
Justice Department official would visit a prisoner without 
telling the district attorney the purpose of his visit.\453\ 
Thereafter, the prosecutors prevented federal officials from 
having any more clandestine visits with Barboza.\454\
---------------------------------------------------------------------------
    \451\ Id.
    \452\ Letter from Kiernan Hyland, District Attorney, Sonoma County, 
to J. Edgar Hoover, Director, FBI (Oct. 26, 1971) (Exhibit 418); Letter 
from Kiernan Hyland, District Attorney, Sonoma County, to John 
Mitchell, Attorney General, U.S. Dept. of Justice (Oct. 26, 1971) 
(Exhibit 419).
    \453\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 55 
(Feb. 13, 2002) (testimony of Ed Cameron).
    \454\ Id.
---------------------------------------------------------------------------
    In the same memorandum in which Harrington reported that 
the Justice Department would not interfere with Barboza's 
prosecution, Harrington explicitly stated that the Justice 
Department, the FBI, and the Suffolk County District Attorney's 
Office would be available to undermine the only two witnesses 
who were able to speak about Barboza's confession to the Wilson 
murder.\455\ Harrington's statement that they should ensure 
that Barboza ``suffers no harm as a result of his cooperation 
with the federal government'' \456\ appears to be an accurate 
description of the Justice Department's actions, and the fact 
that federal law enforcement personnel were preparing to 
undermine a California murder prosecution appears to have been 
a matter of no concern.
---------------------------------------------------------------------------
    \455\ Memorandum from Edward Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James J. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Mar. 31, 1971) (Exhibit 
392).
    \456\ Memorandum from Edward F. Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James J. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Mar. 23, 1971) (Exhibit 
386).
---------------------------------------------------------------------------
            iii. The Clay Wilson Murder Trial in California
    Barboza's first degree murder trial began on October 19, 
1971. At the beginning of the trial, Marteen Miller, Barboza's 
defense attorney, stated his intention to call Strike Force 
Attorney Edward Harrington and FBI Agents H. Paul Rico and 
Dennis Condon as witnesses for Barboza.\457\ Kiernan Hyland, 
the Sonoma County District Attorney, upset that federal 
officials were being called to testify on Barboza's behalf, 
sent letters to FBI Director J. Edgar Hoover and Attorney 
General John Mitchell arguing:
---------------------------------------------------------------------------
    \457\ Bony Saludes, The Defense Strategy: Mafia Planned to Kill 
Baron, Press Democrat, Oct. 24, 1971 (Exhibit 417).

        [The intention of the defense to call Harrington, Rico, 
        and Condon] is disconcerting for the prosecution 
        because it presents a picture of a house divided 
        against itself. The murder for which we are prosecuting 
        [Barboza] has nothing to do with his Mafia connections. 
        When and if [Mr. Harrington and the FBI agents testify 
        as defense witnesses], it would be appreciated [if 
        they] would do me the courtesy of contacting me first 
        and allowing me to interview [them] concerning [their] 
        possible testimony.\458\
---------------------------------------------------------------------------
    \458\ Letter from Kiernan Hyland, District Attorney, Sonoma County, 
to J. Edgar Hoover, Director, FBI (Oct. 26, 1971) (Exhibit 418); Letter 
from Kiernan Hyland, District Attorney, Sonoma County, to John 
Mitchell, Attorney General, U.S. Dept. of Justice (Oct. 26, 1971) 
(Exhibit 419).

    Harrington wrote another memorandum to James Featherstone 
in late November 1971, outlining the proposed testimony of 
Agent Rico, Agent Condon, and himself.\459\ According to 
Harrington, he would say that Barboza had testified against 
underworld figures in state and federal trials, was placed in 
protective custody and relocated to California under an assumed 
name, and wanted to carry a gun but his request was 
denied.\460\ Harrington stated that Agents Rico and Condon 
would testify that the Mafia both in Massachusetts and 
California had threatened Barboza's life and that William 
Geraway was known to be a liar.\461\
---------------------------------------------------------------------------
    \459\ Memorandum from Edward F. Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James F. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Nov. 29, 1971) (Exhibit 
426).
    \460\ Id. The alleged request by Barboza to carry a gun because his 
life was in danger would have bolstered the defense's argument that 
Barboza shot Wilson in self-defense.
    \461\ Id. In the memorandum, Harrington stated that Agent Rico told 
Barboza on February 3, 1970, that he should leave Massachusetts because 
the Mafia knew he was in Massachusetts and two individuals were going 
to kill him. The problem with this admission by Harrington was that 
Barboza's presence in Massachusetts was a direct violation of his 
parole agreement with the state, which required that Barboza not return 
to Massachusetts. Thus, the Justice Department knew that Barboza was 
violating the terms of his parole. There is no indication that this was 
made known to state authorities. In July of 1970, Barboza was arrested 
in New Bedford, Massachusetts, on firearm and narcotics charges. The 
charges were dropped, but Barboza was held because his parole had been 
revoked for re-entering Massachusetts.
---------------------------------------------------------------------------
    On November 17, 1971, FBI Director Hoover's office informed 
the Boston and Miami offices that Special Agents Condon and 
Rico were to comply with subpoenas demanding their appearance 
at the Wilson trial in California.\462\ On December 2, 1971, 
the Attorney General gave Special Agents Rico and Condon 
authority to testify in the Clay Wilson murder trial. This 
authority, however, was limited to testifying about threats 
made in Massachusetts and California on Barboza's life.\463\ 
The Attorney General's letters to the agents also contained the 
following prohibition: ``You may not disclose any other 
information or produce any material acquired as a result of 
your official duties or because of your official status[.]'' 
\464\ On the same day, the Attorney General authorized 
Harrington to testify in the Wilson case regarding Barboza's 
testimony against individuals in the Mafia, his protective 
custody, his relocation with an assumed name, his entry into a 
cooking school, and Harrington's denial of Barboza's request to 
carry a gun.\465\ The Attorney General's letter to Harrington 
carried the same restriction as the letters to the FBI 
agents.\466\
---------------------------------------------------------------------------
    \462\ Teletype from J. Edgar Hoover, Director, FBI, to Special 
Agent in Charge, Boston FBI Field Office, and Special Agent in Charge, 
Miami FBI Field Office (Nov. 17, 1771) (Exhibit 423).
    \463\ Letter from John Mitchell, Attorney General, U.S. Dept. of 
Justice, to H. Paul Rico, Special Agent, Miami FBI Field Office (Dec. 
2, 1971) (Exhibit 429); Letter from John Mitchell, Attorney General, 
U.S. Dept. of Justice, to Dennis Condon, Special Agent, Boston FBI 
Field Office (Dec. 2, 1971) (Exhibit 430).
    \464\ Id. Letter from John Mitchell, Attorney General, U.S. Dept. 
of Justice, to H. Paul Rico, Special Agent, Miami FBI Field Office 
(Dec. 2, 1971) (Exhibit 429).
    \465\ Letter from John Mitchell, Attorney General, U.S. Dept. of 
Justice, to Edward F. Harrington, Attorney in Charge, Organized Crime & 
Racketeering Section, Boston U.S. Dept. of Justice Field Office (Dec. 
2, 1971) (Exhibit 431).
    \466\ Id.
---------------------------------------------------------------------------
    Harrington and Condon both told the Committee that they 
appeared as witnesses for Barboza because they received 
subpoenas, implying that they had no choice in the matter.\467\ 
While it is true that the three federal officials were 
subpoenaed to testify on Barboza's behalf, it was disingenuous 
to state that they were forced to appear because of the 
subpoenas because Harrington had previously volunteered their 
services to Barboza's defense attorney.\468\ Furthermore, it is 
inconceivable that the defense would have called federal law 
enforcement officials unless the defense was certain that the 
officials would not harm the defendant on either direct 
questioning or cross-examination. According to Barboza's 
attorney, the FBI had agreed to testify in support of 
Barboza.\469\
---------------------------------------------------------------------------
    \467\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 
137-38 (Feb. 14, 2002) (testimony of Judge Edward Harrington); 
Deposition of Dennis M. Condon, former Special Agent, Boston FBI Field 
Office (Feb. 21, 2002) at 107.
    \468\ See Memorandum from Edward Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to James J. Featherstone, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Mar. 31, 1971) (Exhibit 
392).
    \469\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 33 
(Feb. 13, 2002) (testimony of Marteen Miller).
---------------------------------------------------------------------------
    During the trial, Lieutenant Ed Maybrun of the Sonoma 
County Sheriff's Office received a telephone call from Lawrence 
W. Brown of New Bedford, Massachusetts, who said he read in the 
newspaper about some items the sheriff's office was seeking for 
the Barboza trial.\470\ According to Lieutenant Maybrun, 
Lawrence Brown, also known as Lawrence Hughes, stated that he 
had received some bonds or stock certificates from Barboza and 
he wished to speak to someone handling the Barboza case.\471\ 
The issue of the stolen bonds or stock certificates was 
important to the prosecution's contention that Barboza murdered 
Wilson over the stolen bonds and not in self-defense. The 
prosecutors, therefore, called Lawrence Hughes to testify at 
the Barboza trial about the stolen bonds he received from 
Barboza.\472\ Hughes, who was already known by the FBI, had 
become an obstacle in the federal government's attempt to help 
Barboza.
---------------------------------------------------------------------------
    \470\ Sonoma County Sheriff Police Report on the Murder of Clayton 
Rickey Wilson (Nov. 21, 1971) (Exhibit 425). Lawrence W. Brown was 
actually Lawrence Hughes. The information given to Lt. Maybrun was 
consistent with Lawrence Hughes' testimony in the Clay Wilson murder 
trial.
    \471\ Id.
    \472\ Trial Transcript, California v. Bentley (Cal. Super. Ct. Dec. 
1, 1971) at 334 (direct examination of Lawrence Hughes) (Exhibit 427).
---------------------------------------------------------------------------
    Lawrence Hughes's injection into the Barboza murder trial 
revealed the lengths to which the Justice Department and the 
FBI would go in order to help Barboza. When the prosecutor 
informed federal officials that Hughes was being called as a 
witness against Barboza, the San Francisco FBI office 
immediately notified FBI Director Hoover's office.\473\ As the 
teletype revealed, the FBI had known about Hughes since 
September of 1970 when Hughes contacted the Boston FBI office 
to inform it of Barboza's meetings in Massachusetts with Mafia 
representatives to negotiate the recantation of his testimony 
in the Deegan trial in exchange for money.\474\ In fact, after 
Hughes approached the FBI with information about Barboza's 
meetings with the Mafia, Edward Harrington wrote a letter to 
Gerald Shur at the Criminal Division of the Justice Department 
requesting help for Hughes. The letter stated:
---------------------------------------------------------------------------
    \473\ Teletype from San Francisco FBI Field Office to J. Edgar 
Hoover, Director, FBI, and Boston FBI Field Office (Dec. 2, 1971) 
(Exhibit 428). The teletype to Director Hoover noted that both District 
Attorney Kiernan Hyland and Edward Harrington believed that Hughes had 
been sent out to California by the Mafia to help get Barboza convicted. 
Id.
    \474\ Id.

        It is requested that employment be procured for 
        Lawrence P. Hughes. Mr. Lawrence P. Hughes . . . has 
        been kept in protective custody by the Suffolk County 
        District Attorney's Office as a potential witness for 
        the last two months. Hughes furnished information 
        relative to a meeting in the woods in the Freetown, 
        Massachusetts area between Joseph [Barboza] and Frank 
        Davis, an associate of Raymond L.S. Patriarca, relative 
        to negotiations for a change of testimony on the part 
        of [Barboza] to release the organized crime figures 
        that he had testified against. . . . Hughes will 
        testify to this in a hearing relating to a motion for a 
        new trial which has been filed by six Cosa Nostra 
        members who had previously been convicted for the 
        first-degree murder of Boston gangster Edward 
        Deegan.\475\
---------------------------------------------------------------------------
    \475\ Letter from Edward Harrington, Attorney in Charge, Organized 
Crime & Racketeering Section, Boston U.S. Dept. of Justice Field 
Office, to Gerald Shur, Criminal Division, U.S. Dept. of Justice (Nov. 
16, 1970) (Exhibit 366).

    With Hughes's information jeopardizing Barboza's fate, the 
FBI and the Justice Department sought authorization to expand 
the scope of Condon's testimony. The Justice Department now 
wanted to disclose Condon's interview with Hughes in September 
of 1970 in which Hughes allegedly did not mention Barboza's 
admission of involvement in Wilson's murder.\476\ On December 
7, 1971, Attorney General John Mitchell authorized Agent Condon 
to testify that Hughes did not mention Barboza's involvement 
with the stolen bonds or the Wilson murder during their 
interview.\477\ Thus, the same FBI and Justice Department 
officials who thought Hughes was credible enough to testify 
about Barboza the previous year to keep the Deegan defendants 
in jail were now going to question his honesty about 
Barboza.\478\
---------------------------------------------------------------------------
    \476\ Teletype from San Francisco FBI Field Office to J. Edgar 
Hoover, Director, FBI, and Boston FBI Field Office (Dec. 2, 1971) 
(Exhibit 428).
    \477\ Letter from John Mitchell, Attorney General, U.S. Dept. of 
Justice, to Dennis Condon, Special Agent, Boston FBI Field Office (Dec. 
7, 1971) (Exhibit 437).
    \478\ Although Agent Condon did testify at the Barboza trial, he 
was not asked any questions about Lawrence Hughes. Hughes was able to 
produce some of the bonds or stock certificates at trial. When Barboza 
testified at his trial, he admitted that he attempted to sell the 
stolen bonds in Massachusetts.
---------------------------------------------------------------------------
    On the witness stand, the prosecution asked Special Agent 
Condon if he had any knowledge about Barboza negotiating with 
the Mafia to change his testimony.\479\ Condon, who knew about 
the negotiations from his interview of Lawrence Hughes, 
responded, ``I respectfully decline to answer on instructions 
from the Attorney General of the United States.'' \480\ Thus, 
when the answer would have harmed Barboza, Agent Condon used 
the limited authority granted by the Attorney General to refuse 
to answer.
---------------------------------------------------------------------------
    \479\ Trial Transcript, California v. Bentley (Cal. Super. Ct. Dec. 
8, 1971) at 303 (cross-examination of FBI Special Agent Dennis Condon) 
(Exhibit 439).
    \480\ Id.
---------------------------------------------------------------------------
    The three federal officials called as witnesses for 
Barboza--Strike Force Attorney Edward Harrington, FBI Special 
Agent H. Paul Rico, and FBI Special Agent Dennis Condon--all 
testified on December 8, 1971. None of them testified to any of 
the circumstances surrounding the Wilson murder. Essentially, 
all three testified about the same matters regarding Barboza: 
he was a government witness who testified against the Mafia, he 
was placed in protective custody and relocated, and his life 
was threatened.
    According to Barboza's attorney, Marteen Miller, the 
federal officials were not called to speak to the Wilson 
murder.\481\ They were called because ``[t]he FBI was held in 
such esteem that if I could call them as a witness and have 
them say substantially anything, relevant or not, that would be 
a point in my favor.'' \482\
---------------------------------------------------------------------------
    \481\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 33 
(Feb. 13, 2002) (testimony of Marteen Miller).
    \482\ Id.
---------------------------------------------------------------------------
    Miller's assertion that basically anything the FBI and a 
highly placed Justice Department official said would be a point 
in Barboza's favor was substantiated in testimony before the 
Committee by Ed Cameron, Investigator for the Sonoma County 
District Attorney's Office, who worked on the Wilson case:

        Mr. Cameron: Well, our concern was that, we thought we 
        had a pretty good capital murder case. And we didn't 
        have the best witnesses in the world, but we had 
        witnesses, and we had evidence. And we had testimony 
        from people who, and all of that. And we got to the end 
        and we're having FBI agents suddenly appear as almost 
        character witnesses. We had a long talk about what we 
        should do with them as far as attacking them.

        And you have to keep in mind, this is in the early 
        1970's. The FBI, as far as we were concerned, was 
        pretty sacrosanct. And our feeling was that if they 
        really started getting into it and we knew what was 
        going to happen, they were going to say, we can't go 
        into that because of this, that and the other thing. 
        Plus they had damaged our case to the point we didn't 
        think the jury was going to convict on a first degree 
        murder case.\483\
---------------------------------------------------------------------------
    \483\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 80 
(Feb. 13, 2002) (testimony of Ed Cameron).

Miller concurred with Cameron's assessment of the impact of the 
testimony by the FBI agents and Harrington in favor of Barboza 
---------------------------------------------------------------------------
at the Wilson trial:

        Rep. LaTourette: Mr. Miller, do you have an opinion as 
        to . . . whether or not these agents, Mr. Harrington 
        had an impact on the jury?

        Mr. Miller: No question they had an impact, sir.\484\
---------------------------------------------------------------------------
    \484\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 80 
(Feb. 13, 2002) (testimony of Marteen Miller).

    Two days following the testimony of the three federal 
officials for Barboza, the prosecution decided to start 
discussing a plea agreement with Barboza's attorney.\485\ On 
December 13, 1971, a plea agreement whereby Barboza pleaded 
guilty to second-degree murder was entered with the court. 
Investigator Cameron, Prosecutor Ron Fahey, and Sonoma County 
District Attorney Kiernan Hyland agreed that the testimony by 
Harrington, Rico, and Condon had weakened their case to such a 
point that the prosecution accepted the second-degree murder 
plea.\486\ On December 14, 1971, Barboza was sentenced to 
prison for five years.\487\
---------------------------------------------------------------------------
    \485\ Id.
    \486\ ``The California Murder Trial of Joe `The Animal' Barboza: 
Did the Federal Government Support the Release of a Dangerous Mafia 
Assassin?,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 80 
(Feb. 13, 2002) (testimony of Ed Cameron); Interview with Ron Fahey, 
former Chief Deputy District Attorney, Sonoma County (July 9, 2001).
    \487\ According to interviews with the judge, prosecutors and other 
witnesses, the five-year sentence appears to have been routine and not 
influenced by the Justice Department or the FBI. See Interview with 
Marteen Miller, former Public Defender, Sonoma County, and Bony 
Saludes, former reporter, Press Democrat (July 9, 2001); Interview with 
Ed Cameron, former Investigator, Sonoma County District Attorney's 
Office (July 10, 2001); Interview with Ron Fahey, former Chief Deputy 
District Attorney, Sonoma County, and Gary Bricker, former U.S. Marshal 
(July 9, 2001); Interview with Judge Joseph P. Murphy, Jr. (Aug. 29, 
2001) (Judge Joseph Murphy was the presiding judge for the Wilson 
murder trial.)
---------------------------------------------------------------------------
            iv. Joseph Barboza Returns to Prison
    Even while Barboza was serving his prison sentence in 
California, his contacts with Edward Harrington did not end. 
Almost immediately, Harrington began helping Barboza plot his 
course for parole. On January 19, 1972, less than one month 
after Barboza was sentenced, Harrington wrote to the 
Correctional Counselor at Barboza's prison stating:

        It is the United States Government's desire that the 
        State of California place [Barboza] in a constructive 
        correction program designed for his ultimate release as 
        a contributing member of society. . . . The government 
        also requests that [Barboza's] significant contribution 
        to law enforcement in the organized crime field be 
        weighed when his eligibility for parole is 
        considered.\488\
---------------------------------------------------------------------------
    \488\ Letter from Edward F. Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to Lois Eggers, Correctional Counselor I, California 
Medical Facility (Jan. 19, 1972) (Exhibit 456).

Harrington also informed Barboza that the Justice Department 
would inform the parole board of Barboza's contribution ``to 
the government's campaign against organized crime.'' \489\
---------------------------------------------------------------------------
    \489\ Letter from Edward F. Harrington, Attorney-in-Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to Joe Barboza (June 19, 1972) (Exhibit 480).
---------------------------------------------------------------------------
    In the meantime, Barboza kept himself busy in prison by 
writing a book about his life. Barboza enlisted the aid of 
Harrington, who told Barboza he would be happy to talk to the 
author and identify ``other individuals who would have 
background information relating to your career.'' \490\ In 
addition, Barboza was invited to appear before the Select 
Committee on Crime in the U.S. House of Representatives to 
discuss organized crime where he stated that Frank Sinatra was 
involved in organized crime.\491\ John Partington, the U.S. 
Marshal who led the detail to guard Barboza for three years, 
told Committee investigators that he later accused Barboza of 
lying about Sinatra's alleged involvement with organized 
crime.\492\
---------------------------------------------------------------------------
    \490\ Letter from Edward F. Harrington, Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to Joe Barboza (May 17, 1972) (Exhibit 469). Harrington's 
assistance with Barboza's book earned Harrington the dubious honor of 
having the book dedicated to him.
    \491\ ``Organized Crime in Sports (Racing), Part 2,'' Hearing 
Before the Select Comm. on Crime, 92d Cong. 752, 755, 763 (May 24, 
1972) (testimony of Joseph Barboza).
    \492\ Interview with John Partington, former U.S. Marshal (Sept. 
24, 2001).
---------------------------------------------------------------------------
    In September of 1972, Barboza was transferred from 
California to the Montana State Prison in Deer Lodge, Montana, 
to protect his life. While there, Barboza became increasingly 
concerned about parole. Barboza enlisted the help of Harrington 
to increase his chances of a favorable decision from the parole 
board. On June 1, 1973, Harrington wrote the following to the 
Director of the Parole Board for Montana:

        I have been requested by Joseph Bentley, who will 
        appear before the Montana Parole Board on June 26, 
        1973, to testify as a witness in his behalf.

                                *  *  *

        [Barboza's] defection from the organized underworld and 
        his decision to become a government witness against his 
        former associates constitutes the single most important 
        factor in the success of the federal government's 
        campaign against organized crime in the New England 
        area. . . . Please advise me if the appearance of 
        witnesses before the Montana Parole Board is in 
        conformity with your practices.\493\
---------------------------------------------------------------------------
    \493\ Letter from Edward F. Harrington, former Attorney in Charge, 
Organized Crime & Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to Robert Miles, Director of the Parole Board, Montana 
State Prison (June 1, 1973) (Exhibit 566).

On July 31, 1973, Barboza received a hearing before the Montana 
Parole Board. Although the Committee was unable to obtain the 
hearing records, Barboza revealed part of the proceedings in a 
letter to Greg Evans, investigator for Barboza's former 
---------------------------------------------------------------------------
attorney in California, Marteen Miller:

        How can I ever thank you and Marty [Miller] for what 
        you two and Ted H. [Harrington] did for me today. Words 
        can never even begin to express what I feel . . . The 
        parole board said this is the fastest hearing in the 
        History of Montana . . . I didn't even say one word! . 
        . . You, Marty and Ted H. made this all come true. 
        Nobody did I ever owe so much to! \494\
---------------------------------------------------------------------------
    \494\ Letter from Joseph Barboza to Greg Evans, Investigator, 
Sonoma County Public Defender's Office (July 31, 1973) (Exhibit 580).

Instead of being paroled, however, Barboza was transferred back 
to California. Barboza then attempted to contact Harrington, 
Condon, the Rhode Island Attorney General, and the 
Superintendent of the Rhode Island State Police to disclose 
information Barboza claimed he had regarding the murder of 
Romeo Martin.\495\ However, the reactions to Barboza's offer by 
Harrington and Gerald McDowell, an attorney in the Boston 
Office of the Organized Crime Strike Force, show that the 
government had concerns about any additional information 
provided by Barboza:
---------------------------------------------------------------------------
    \495\ Romeo Martin was killed in July of 1966. There are a number 
of indications that Barboza murdered his old friend. FBI Report by 
Thomas Sullivan, Special Agent, Boston FBI Field Office (July 18, 1967) 
(Exhibit 149); Vincent Teresa, My Life in the Mafia 117 (Doubleday & 
Company, Inc. 1973).

        Mr. McDowell and Mr. Harrington had previously advised 
        that [Barboza's] credibility as a witness had been 
        seriously diminished by events that have transpirted 
        [sic] in regard to him since his testimony in Federal 
        and State Courts in 1968 and this is also the opinion 
        of authorities in the Organized Crime Section of the 
        Justice Department at Washington, D.C. . . . Boston 
        sees no useful purpose in interview of [Barboza] at 
        this time and events referred to by him occurred prior 
        to his testimony in 1968. It is felt that this is 
        another effort on part of [Barboza] to obtain 
        Government support in bid for parole. Strike Force will 
        not consider any future prosecutions based on 
        [Barboza's] testimony.\496\
---------------------------------------------------------------------------
    \496\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to Clarence Kelley, Director, FBI (Jan. 23, 1974) (Exhibit 
594).

    Although the Justice Department apparently would no longer 
use Barboza or listen to his information, it was concerned 
about his welfare. During 1975, media reports stated that the 
Mafia knew where Barboza was located and that a contract had 
been put out for his murder. The Justice Department and the FBI 
were concerned that the effectiveness of the Witness Protection 
Act would be adversely affected if Barboza were murdered.\497\ 
Consequently, after serving a mere four years in prison for the 
Wilson murder, Barboza was ``quietly paroled'' from the Sierra 
Conservation Camp in California on October 30, 1975.\498\
---------------------------------------------------------------------------
    \497\ See Memorandum from Gerald E. McDowell, Chief Attorney, 
Organized Crime Strike Force, Boston U.S. Dept. of Justice Field 
Office, to Gerald T. McGuire, Deputy Chief, Organized Crime & 
Racketeering Section, U.S. Dept. of Justice (Sept. 17, 1975) (Exhibit 
623); Airtel from Special Agent in Charge, Boston FBI Field Office, to 
Clarence Kelley, Director, FBI (Sept. 19, 1975) (Exhibit 626).
    \498\ Former New England Mafia Figure Paroled, Press Democrat, Nov. 
7, 1975 (Exhibit 628).
---------------------------------------------------------------------------
    On February 11, 1976, Joe Barboza was murdered in San 
Francisco.\499\ Theodore Sharliss, also known as Jimmy Chalmis, 
a constant companion of Barboza while they were in prison in 
California, pleaded guilty in January of 1979 to setting up 
Barboza's murder.\500\ In 1992, Joseph Russo pleaded guilty to 
murdering Barboza.\501\
---------------------------------------------------------------------------
    \499\ Killer Barboza Slain, Boston Herald, Feb. 12, 1976 (Exhibit 
636).
    \500\ Teletype from San Francisco FBI Field Office to J. Edgar 
Hoover, Director, FBI (June 6, 1979) (Exhibit 678).
    \501\ Nation Briefly, Orange County Register, Jan. 23, 1992.
---------------------------------------------------------------------------

2. Nevada

    There is substantial evidence that the FBI interfered with 
the Las Vegas Police investigation of the murder of Peter J. 
Poulos to protect its informants. In this instance, the FBI 
sought to protect Top Echelon informant Stephen Flemmi from 
being prosecuted for the Poulos murder.\502\
---------------------------------------------------------------------------
    \502\ Flemmi began exchanging information with the FBI in the early 
1960s, U.S. v. Salemme, 91 F. Supp. 2d 141, 176 (D. Mass. 1999), rev'd 
in part sub nom. U.S. v. Flemmi, 225 F.3d 78 (1st Cir. 2000), and was 
targeted as an informant in November 1964. See Office of Professional 
Responsibility Summary Report (Exhibit 58). He served as an FBI 
informant for almost 30 years. Id.
---------------------------------------------------------------------------
    William Bennett, one of the central figures in Boston's 
gang wars of the 1960's, was fatally shot and thrown from a 
moving car into a snow bank near Boston on December 23, 
1967.\503\ He was apparently murdered by Stephen Flemmi and 
Frank Salemme with the assistance of Robert Daddeico and Peter 
J. Poulos.\504\ A short time thereafter, on January 30, 1968, 
Flemmi and Salemme planted a bomb in the automobile of Joseph 
Barboza's attorney, John E. Fitzgerald. This resulted in the 
loss of one of Fitzgerald's legs and part of the other.\505\
---------------------------------------------------------------------------
    \503\ Interview with Robert Daddeico (Oct. 17-18, 2001); Shelley 
Murphy, Playing Both Sides Pays Off, Boston Herald, Apr. 23, 1993.
    \504\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299) (stating that 
information received from the Boston Police Department indicated that 
Flemmi and Salemme used Poulos as a `` `decoy' to get Bennett into a 
position where he could be killed''); Interview with Robert Daddeico 
(Oct. 17-18, 2001).
    \505\ ``Law enforcement officials said Mr. Fitzgerald was targeted 
for death because he was the lawyer for a famed Cosa Nostra soldier 
turned-informer, Joseph Barboza Baron.'' Andy Dabilis & Ralph Ranalli, 
Mob Lawyer Maimed in '68 Dies, Boston Globe, July 5, 2001.
---------------------------------------------------------------------------
    In early September 1969, FBI Special Agent H. Paul Rico 
called Flemmi and warned him that ``indictments were coming 
down'' for the William Bennett murder and Fitzgerald 
bombing.\506\ Agent Rico suggested that Flemmi and ``his 
friend,'' referring to Salemme, leave town.\507\ Flemmi took 
Rico's advice and he, Salemme, and Poulos fled together.\508\ A 
few days later, on September 11, 1969, a Suffolk County 
indictment was returned against Flemmi, Salemme, and Poulos for 
the Bennett murder.\509\ A month later, on October 10, 1969, 
Flemmi and Salemme were indicted for the Fitzgerald 
bombing.\510\
---------------------------------------------------------------------------
    \506\ Salemme, 91 F. Supp. 2d at 182.
    \507\ Id. According to the Salemme court, in warning Flemmi and 
Salemme about the impending indictments, Rico aided and abetted the 
unlawful flight of a fugitive, in violation of 18 U.S.C. Sec. Sec. 2 
and 1073. Id. The FBI's protection of Stephen ``The Rifleman'' Flemmi 
is discussed in Section II.A.8, supra.
    \508\ Salemme, 91 F. Supp. 2d at 182.
    \509\ Office of Professional Responsibility Investigative Report 
(Exhibit 9-11-69) (focusing on allegations of FBI mishandling of 
confidential informants); Dick Lehr & Gerard O'Neill, Black Mass 12 
(Perennial 2001).
    \510\ Commonwealth v. Salemme, 323 N.E.2d 922 (Mass. App. Ct. 
1975).
---------------------------------------------------------------------------
    On that same day, October 10, 1969, the body of an 
unidentified man, later determined to be Peter J. Poulos, was 
found forty feet south of a desert highway, just outside of Las 
Vegas in Clark County.\511\ Employees of the Nevada Highway 
Department found the body while picking up trash.\512\ Clark 
County Detectives Charles Lee and Jim Duggan were assigned to 
the investigation but did not know the victim's identity.\513\
---------------------------------------------------------------------------
    \511\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
    \512\ Id.
    \513\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
---------------------------------------------------------------------------
    Upon arriving at the crime scene, Lee believed that it 
looked like a ``hit.'' \514\ After searching the victim, 
Detectives Lee and Duggan found no identification.\515\ They 
did, however, find a small loose-leaf notebook in the victim's 
jacket pocket, which revealed the name Paul J. Andrews and the 
address of a Los Angeles apartment.\516\ After the body was 
examined at the scene, it was sent to a mortuary in Las Vegas, 
where an autopsy determined that the cause of death was 
multiple gunshot wounds.\517\
---------------------------------------------------------------------------
    \514\ Id. Lee also indicated that the victim was well dressed and 
his fingers were well manicured. Id.
    \515\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299); Interview with 
Charles Lee, former Detective, Las Vegas Metropolitan Police Dept. 
(Apr. 4, 2002).
    \516\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299); Interview with 
Charles Lee, former Detective, Las Vegas Metropolitan Police Dept. 
(Apr. 4, 2002).
    \517\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
---------------------------------------------------------------------------
    Lee and Duggan then contacted the Los Angeles Police 
Department and requested a check of the address to ascertain if 
it was the residence of Paul J. Andrews.\518\ Los Angeles 
detectives confirmed that Paul J. Andrews had, in fact, rented 
an apartment at the address.\519\ The detectives also 
discovered that Andrews had not been at the apartment for some 
time.\520\ The Los Angeles Police compared fingerprints found 
in the apartment to the victim's fingerprints, positively 
establishing that the victim had been present in Andrews' 
apartment.\521\ As a result, Detectives Lee and Duggan traveled 
to Los Angeles to investigate the case further.\522\ They spoke 
with the former apartment manager of the apartment where 
Andrews resided.\523\ The manager provided a physical 
description, which resembled that of Peter Poulos.\524\ The 
manager also stated that another man accompanied the victim 
when he rented the apartment, and she last saw both men on 
September 27, 1969.\525\
---------------------------------------------------------------------------
    \518\ Id.
    \519\ Id.
    \520\ Id.
    \521\ Id.
    \522\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299); Interview with 
Charles Lee, former Detective, Las Vegas Metropolitan Police Dept. 
(Apr. 4, 2002).
    \523\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
    \524\ Id.
    \525\ Id. As noted in this memorandum, this is the likely date that 
Poulos left the apartment. First, the apartment manager stated that she 
saw the man whom she knew to be Paul Andrews and the person 
accompanying him carrying groceries into the apartment that day. Los 
Angeles Police found two sacks of unpacked groceries inside the 
apartment. Second, this date comports with the estimated time of death 
given by the coroner, who estimated that the death occurred ten to 
fourteen days prior to the discovery of the body. See id. The 
investigation conducted after the discovery of the body revealed that 
the death likely occurred on September 29, 1969. Id.
---------------------------------------------------------------------------
    Detectives Lee and Duggan forwarded the victim's 
fingerprint cards to the FBI, but the FBI failed to identify 
the victim.\526\ To establish the victim's identity, the 
detectives were forced to go another route. In addition to 
being well-dressed, the victim had extensive gold dental 
work.\527\ Therefore, the Clark County Detectives requested 
that the victim's teeth be extracted for the purpose of 
creating a dental mold.\528\ The detectives then sent the 
``elaborate photographs'' of the dental mold, along with a 
flier with a description of the victim, to all major police 
departments throughout the United States.\529\
---------------------------------------------------------------------------
    \526\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299). According to Lee, 
there was not a nationwide fingerprint database in 1969 like there is 
today. Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
    \527\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
    \528\ Id.
    \529\ Id.; see also Memorandum from Ralph Lamb, Sheriff, Clark 
County, by Jim Duggan and Charles Lee, Detectives, to George Franklin, 
District Attorney, Clark County (Mar. 11, 1970) (Exhibit 299) (stating 
that the fliers were sent out on January 6, 1970).
---------------------------------------------------------------------------
    The first big break in the case came on January 30, 
1970.\530\ Responding to the flier and photographs sent by 
Detectives Lee and Duggan, Sergeant Frank Walsh of the 
Organized Crime Section of the Boston Police Department 
tentatively identified the murder victim found near Las Vegas 
on October 10, 1969, as being Peter J. Poulos.\531\ Indeed, 
Detective Lee said that it was ``Frank Walsh [who] broke the 
case for us. He was a world of information.'' \532\
---------------------------------------------------------------------------
    \530\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299); Clark County 
Sheriff's Department Follow-Up Police Report [``Follow-Up Report''] 
(Feb. 9, 1970) (Exhibit 290).
    \531\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299). This memorandum 
states that it was the Las Vegas FBI Office that notified the Clark 
County Sheriff's Department that it had received information from the 
Boston FBI Office that the Boston Police Department had established 
tentative identification of Poulos. See also Follow-Up Report (Exhibit 
290); Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
    \532\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
---------------------------------------------------------------------------
    On that same day, January 30, 1970, Special Agent McKinnley 
of the Las Vegas FBI Office notified the Clark County Sheriff 
Department that his office received information from the Boston 
FBI Office that the Boston Police Department had established 
tentative identification of the victim as being Peter 
Poulos.\533\ Agent McKinnley further stated that Poulos was 
wanted by the Boston Police Department for the murder of 
William Bennett and was wanted by the FBI for unlawful flight 
to avoid prosecution in connection with the Bennett 
murder.\534\
---------------------------------------------------------------------------
    \533\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
    \534\ Id.
---------------------------------------------------------------------------
    Three days later, on February 2, 1970, Agent McKinnley 
provided Clark County Detectives with an apparent FBI wanted 
poster on Poulos that contained his fingerprints.\535\ A 
comparison of the victim's fingerprints with that of Poulos' 
fingerprints positively established the victim as being Peter 
J. Poulos.\536\ That same day, the Clark County Detectives 
talked to Sergeant Walsh on the phone. Sergeant Walsh told the 
detectives that Stephen Flemmi and Frank Salemme probably 
murdered Poulos.\537\
---------------------------------------------------------------------------
    \535\ Id.; Follow-Up Report (Exhibit 290).
    \536\ Clark County Sheriff's Evidence Examined Report (Feb. 2, 
1970) (Exhibit 289); Memorandum from Ralph Lamb, Sheriff, Clark County, 
by Jim Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299); Follow-Up Report 
(Exhibit 290).
    \537\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
---------------------------------------------------------------------------
    Sergeant Walsh stated that the Boston Police Department 
wanted Poulos, Flemmi, and Salemme for their role in the 
William Bennett murder.\538\ He further stated that Poulos was 
a loan shark and racketeer in the Boston area and that Flemmi 
and Salemme were members of the Boston La Cosa Nostra.\539\ 
Walsh told the detectives that on the day that Poulos, Flemmi, 
and Salemme were indicted for the Bennett murder, they all 
disappeared from the Boston area.\540\ In fact, Sergeant Walsh 
stated that the Boston Police Department discovered that 
Poulos, who lived with his mother, received several phone calls 
on September 11, 1969, asking him to contact a person named 
``Steve,'' presumably Stephen Flemmi.\541\ Once Poulos returned 
home that day, his mother gave him the message. He told his 
mother that he was going to vacation on Cape Cod for a 
while.\542\ Poulos then left immediately, taking very few 
clothes.\543\
---------------------------------------------------------------------------
    \538\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
    \539\ Id. Although both were associated with La Cosa Nostra 
criminal activity, at the time neither were members of the 
organization.
    \540\ Id.; Follow-Up Report (Exhibit 290).
    \541\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299). But see Letter 
from Frank Walsh, Sergeant Detective, Organized Crime Section, Boston 
Police Department (Feb. 3, 1970) (Exhibit 291), which states that on a 
night previous to the return of the true bill ``Peter received a 
telephone call from a person who stated to Mrs. Poulos that it was very 
important for Peter to get in touch with Steve. This message was given 
to Peter when he came home on Monday, September 8, 1969, and he stated 
to her that he was going to Cape Cod for a couple of weeks vacation.''
    \542\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299); Letter from Frank 
Walsh, Sergeant Detective, Organized Crime Section, Boston Police 
Department (Feb. 3, 1970) (Exhibit 291); Follow-Up Report (Exhibit 
290).
    \543\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299). Four days later, 
Mrs. Poulos notified the Boston Police that her son's car was parked 
outside of her home. See Letter from Frank Walsh, Sergeant Detective, 
Organized Crime Section, Boston Police Department to Charles Lee, 
Detective, Office of the Clark County Sheriff (Feb. 3, 1970) (Exhibit 
291). Mrs. Poulos stated that someone placed the car in the driveway 
during the night. Id. Human blood was found on the right front bumper 
of the car. Id. This was probably the blood of William Bennett since 
Poulos' car was used for the William Bennett murder. Interview with 
Robert Daddeico (Oct. 17-18, 2001).
---------------------------------------------------------------------------
    Walsh also told the detectives that additional information 
received by the Boston Police Department established that 
Poulos took $50,000 with him.\544\ Walsh conveyed that local 
police expected that Poulos would never be seen alive again, 
because Flemmi and Salemme considered him a ``weak link'' and 
would eventually kill him.\545\ Detective Lee told Committee 
staff that Walsh told him that just before the three fled, 
Poulos ``rolled over as an informant'' and was going to 
incriminate Flemmi and Salemme.\546\ Detective Lee also thinks 
that Sergeant Walsh mentioned a grand jury. Hence, Flemmi and 
Salemme were likely tipped off that Poulos was an informant, or 
was considering becoming an informant or cooperating witness, 
and that Poulos testified or agreed to testify before a grand 
jury regarding the Bennett murder or another crime.\547\
---------------------------------------------------------------------------
    \544\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
    \545\ Id.
    \546\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002). Detective Lee also thinks 
that Sergeant Walsh said something about a grand jury. Id. See also 
John Smith, Police Frustrated over Federal Protection of Slaying 
Suspects, Las Vegas Review Journal, Oct. 21, 1998 (Exhibit 281).
    \547\ Detective Lee stated that Sergeant Walsh knew that Poulos was 
an informant, so he postulated that others in the Boston Police 
Department may have too, which may have led to Flemmi and Salemme being 
tipped off as to Poulos' status as an informant. Interview with Charles 
Lee, former Detective, Las Vegas Metropolitan Police Dept. (Apr. 4, 
2002); see also John Smith, Police Frustrated over Federal Protection 
of Slaying Suspects, Las Vegas Review Journal, Oct. 21, 1998 (Exhibit 
281) (``Someone tipped [Flemmi and Salemme] off and Poulos was 
silenced.'')
---------------------------------------------------------------------------
    Once the identity of the victim was established as Peter J. 
Poulos, photographs of Flemmi, Salemme, and Poulos were shown 
to the apartment manager in Los Angeles.\548\ The manager 
indicated that the photographs of Poulos and Salemme closely 
resembled Andrews and his associate.\549\ Moreover, information 
received from Sergeant Walsh indicated that the bullets that 
killed William Bennett matched the bullets that killed 
Poulos.\550\
---------------------------------------------------------------------------
    \548\ Memorandum from Ralph Lamb, Sheriff, Clark County, by Jim 
Duggan and Charles Lee, Detectives, to George Franklin, District 
Attorney, Clark County (Mar. 11, 1970) (Exhibit 299).
    \549\ Id.
    \550\ Id.
---------------------------------------------------------------------------
    The detectives' case was coming together. All of the 
evidence pointed directly at Flemmi and Salemme as Poulos' 
murderers.\551\ Detectives Lee and Duggan's police report 
concluded that Poulos, Flemmi, and Salemme fled Boston together 
on September 11, 1969, and traveled to Los Angeles, where one 
of the three rented an apartment using the alias, ``Paul J. 
Andrews.'' \552\ On September 27, 1969, the three left the 
apartment, heading towards Las Vegas. Before arriving in Las 
Vegas, ``Flemmi and Salemme shot and killed victim Peter J. 
Poulos leaving his body alongside the highway where it was 
subsequently discovered.'' \553\
---------------------------------------------------------------------------
    \551\ Id.
    \552\ Id.
    \553\ Id.
---------------------------------------------------------------------------
    With everything ostensibly in order, Clark County District 
Attorney George Franklin was ready to move forward with the 
case. He approved a criminal complaint charging Flemmi and 
Salemme for the murder of Poulos.\554\ District Attorney 
Franklin then issued a warrant charging Flemmi and Salemme for 
Poulos' murder.\555\ On March 12, 1970, Judge Roy Woofter 
signed the arrest warrant.\556\ The investigation then came to 
an unexpected and sudden halt.\557\
---------------------------------------------------------------------------
    \554\ Interview with David Hatch, Detective, Las Vegas Metro Police 
Dept., Cold Case Review, Homicide Section (Apr. 4, 2002).
    \555\ Id.
    \556\ Clark County Sheriff's Department Case Cleared Report (Mar. 
19, 1970) (Exhibit 300).
    \557\ Interview with Charles Lee, former Detective, Las Vegas 
Metropolitan Police Dept. (Apr. 4, 2002).
---------------------------------------------------------------------------
    First, Detectives Lee and Duggan asked for routine 
permission to travel to Boston to interview the key witnesses 
and suspects.\558\ District Attorney Franklin denied their 
routine request.\559\ Lee told Committee staff that in all of 
his years as a homicide detective he ``never ran across a case 
where you could not interview [the] suspects.'' \560\ Second, 
despite getting an arrest warrant signed by Judge Woofter, 
which Franklin himself issued, Franklin refused to initiate 
extradition proceedings against Flemmi and Salemme.\561\ 
Undeterred, Lee then asked Franklin if a fellow detective from 
Clark County, who was going back East to visit his family, 
could conduct some interviews and an investigation while he was 
there.\562\ This request was also denied.\563\
---------------------------------------------------------------------------
    \558\ Id.
    \559\ Id.
    \560\ Id.
    \561\ Id.
    \562\ Id.
    \563\ Id.
---------------------------------------------------------------------------
    Lee was perplexed.\564\ He then asked Franklin why his 
investigation was being blocked and why Franklin suddenly 
refused to initiate extradition proceedings.\565\ Franklin told 
Lee that ``the FBI stopped the case.'' \566\ Lee said that he 
remembers this encounter vividly, because ``it was the only 
case where he got a murder warrant and it was not pursued.'' 
\567\ Lee remarked, ``We got murder warrants on the two, but 
everything came to a sudden stop.'' \568\ Lee further recalls, 
``They wouldn't let us go back to interview them. And there was 
no move to extradite them. I worked a lot of homicides. That's 
the only one that ended up like this.'' \569\ Lieutenant Tom 
Monahan told Committee staff that ``it is clear the FBI asked 
the DA to step aside and not do anything.'' \570\
---------------------------------------------------------------------------
    \564\ Id.
    \565\ Id.
    \566\ Id.
    \567\ Id.
    \568\ John L. Smith, Police Frustrated over Federal Protection of 
Slaying Suspects, Las Vegas Review Journal, Oct. 21, 1998 (Exhibit 
281).
    \569\ Id.
    \570\ Interview with Tom Monahan, Lieutenant, Las Vegas 
Metropolitan Police Dept., Homicide Section (Apr. 4, 2002).
---------------------------------------------------------------------------
    In conclusion, the FBI's interference with Nevada law 
enforcement's efforts to prosecute Flemmi and Salemme for the 
murder of Poulos inhibited the administration of justice. The 
reason this murder investigation was unexpectedly halted by the 
FBI is apparent. In fact, it is the same reason Rico encouraged 
Flemmi to flee before he was indicted for the William Bennett 
murder and the Fitzgerald bombing. The FBI was protecting its 
Top Echelon informant Stephen Flemmi.

3. Oklahoma

    In the late 1970s, Oklahoma businessman Roger Wheeler, Sr., 
purchased World Jai Alai, a company that owned facilities where 
it was legal to gamble on the handball-like sport.\571\ 
Although rumors of organized crime's involvement in the gaming 
industry made him hesitate to invest in the company, Wheeler 
was comforted by the fact that his staff was composed of former 
FBI agents, including former Special Agent H. Paul Rico, who 
assured him that his company was ``clean.'' \572\ Wheeler, 
however, came to suspect the president of World Jai Alai of 
skimming money from the company for Winter Hill Gang members, 
including James ``Whitey'' Bulger and Stephen Flemmi.\573\ 
Wheeler fired the World Jai Alai president and began a company-
wide audit.\574\ Shortly thereafter, Winter Hill Gang hit men 
murdered Wheeler at the Southern Hills Country Club in Tulsa, 
Oklahoma, on May 27, 1981.\575\
---------------------------------------------------------------------------
    \571\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 268 
(Dec. 5, 2002) (testimony of David Wheeler); U.S. v. Salemme, 91 F. 
Supp. 2d 141, 208 (D. Mass. 1999), rev'd in part sub nom. U.S. v. 
Flemmi, 225 F.3d 78 (1st Cir. 2000).
    \572\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 266, 
269 (Dec. 5, 2002) (testimony of David Wheeler).
    \573\ Salemme, 91 F. Supp. 2d at 208.
    \574\ See id. at 209.
    \575\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 26 
(Dec. 5, 2002) (testimony of Michael T. Huff).
---------------------------------------------------------------------------
    Sergeant Michael T. Huff was the first detective to arrive 
at the scene.\576\ Soon after the murder, the Massachusetts 
State Police provided Huff with information that Bulger and 
Flemmi were possibly involved.\577\ Bulger, Flemmi, and John 
Callahan--the former President of World Jai Alai whom Wheeler 
fired--allegedly attempted to arrange Wheeler's murder.\578\ 
They asked Brian Halloran, a Winter Hill Gang member, if he was 
willing to kill Wheeler.\579\ Several months later, Halloran 
was facing a state murder charge for a separate incident and 
offered to cooperate with the FBI.\580\ He told FBI agents 
about his meeting regarding Wheeler.\581\ The agents informed 
the supervisor of the Organized Crime squad, John Morris, of 
Halloran's allegations.\582\ Morris told Agent John Connolly, 
who handled Bulger and Flemmi, of Halloran's cooperation, 
expecting Connolly to relate the information to his 
informants.\583\ Agent Connolly, in turn, informed Bulger and 
Flemmi of Halloran's cooperation, and Bulger and Flemmi 
promptly killed Halloran.\584\
---------------------------------------------------------------------------
    \576\ See id.
    \577\ See id. at 27.
    \578\ See Salemme, 91 F. Supp. 2d at 209.
    \579\ See id.
    \580\ See id.
    \581\ See id.
    \582\ See id.
    \583\ See id.
    \584\ See id. at 209-10.
---------------------------------------------------------------------------
    Sergeant Huff, and other local officials in Oklahoma and 
Boston, did not have an opportunity to speak with Halloran 
before he was murdered.\585\ The Miami, Oklahoma City, and 
Boston FBI offices held a meeting soon after Halloran's murder, 
but they did not discuss advising the local law enforcement 
agencies investigating the Wheeler murder of the information 
Halloran had provided concerning Bulger and Flemmi.\586\ The 
Boston FBI departed from the Bureau's standard procedures to 
ensure that the information it had received from Halloran 
regarding Bulger and Flemmi was virtually inaccessible to 
anyone who might want to review it.\587\ The Boston FBI also 
succeeded in keeping local law enforcement officials such as 
Huff from ever speaking to Bulger and Flemmi.\588\
---------------------------------------------------------------------------
    \585\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 266 
(Dec. 5, 2002) (testimony of Michael T. Huff).
    \586\ See Salemme, 91 F. Supp. 2d at 210-11.
    \587\ See id. at 212.
    \588\ See id. at 208.
---------------------------------------------------------------------------
    In July 1982, Huff traveled to Boston to meet with 
detectives from the Connecticut State Police and Massachusetts 
State Police.\589\ Huff wanted information on the activities 
and location of former World Jai Alai President John 
Callahan.\590\ Before Huff could locate Callahan and question 
him about the Wheeler murder, Callahan's body was found in the 
trunk of his car in Miami, Florida.\591\
---------------------------------------------------------------------------
    \589\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 266 
(Dec. 5, 2002) (testimony of Michael T. Huff).
    \590\ See id.
    \591\ See Salemme, 91 F. Supp. 2d at 211.
---------------------------------------------------------------------------
    While in Boston, Huff also met with Organized Crime Strike 
Force Prosecutor Jeremiah O'Sullivan.\592\ At this meeting, 
Huff was shocked by what he learned.\593\ Federal authorities 
knew that Flemmi and Bulger were hit men.\594\ O'Sullivan 
described former FBI Special Agent H. Paul Rico, then vice-
president of World Jai Alai, as a ``rogue agent'' who caroused 
with Winter Hill Gang members.\595\ During the meeting, the 
Massachusetts State Police mentioned that FBI Special Agent 
John Connolly had real estate transactions with the Winter Hill 
Gang, but O'Sullivan downplayed these transactions.\596\ 
Despite all of this information, the FBI's official position 
was that Rico and Connolly were the ``cream of the crop.'' 
\597\ Huff also discussed Halloran with O'Sullivan, but 
O'Sullivan called Halloran a liar and questioned his 
credibility.\598\ Huff candidly described his meeting with 
O'Sullivan to the Committee:
---------------------------------------------------------------------------
    \592\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 277 
(Dec. 5, 2002) (testimony of Michael T. Huff).
    \593\ See id.
    \594\ See id.
    \595\ See id. O'Sullivan testified that he did not recall telling 
Sergeant Huff that Rico socialized with Winter Hill Gang members. When 
pressed, O'Sullivan said that it was possible that he told Sergeant 
Huff this information, but the prosecutor could not specifically recall 
doing so. See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 266 
(Dec. 5, 2002) (testimony of Jeremiah T. O'Sullivan).
    \596\ See id. at 28.
    \597\ See id.
    \598\ See id. at 44.

        Over the past twenty years, there have been many such 
        instances of surprise and disappointment during this 
        investigation. I look back to the July meeting in this 
        very building as an ``end of innocence'' in my career 
        in law enforcement. I had never been exposed to such a 
        cesspool of dirt and corruption.\599\
---------------------------------------------------------------------------
    \599\ Id. at 28.

This meeting had a deep impact on Huff, and the information 
provided by O'Sullivan led him to include FBI Special Agents 
Paul Rico and John Connolly as associates of the Winter Hill 
Gang when he subsequently drafted a report in August of 
1982.\600\
---------------------------------------------------------------------------
    \600\ See id.
---------------------------------------------------------------------------
    Without cooperation from the FBI, the Wheeler murder 
investigation sputtered until 1995.\601\ In January 1995, the 
Massachusetts State Police called Huff and informed him that 
Flemmi, Bulger, and others would soon be prosecuted.\602\ From 
his experience with the Wheeler investigation, Huff knew that 
``unimaginable corruption within the FBI'' would soon be 
discovered.\603\ Despite FBI corruption and lack of 
cooperation, the Wheeler murder investigation is still 
active.\604\ In May 2002, John Martorano, the Winter Hill Gang 
hit man who murdered Wheeler, told a federal jury that former 
Agent H. Paul Rico furnished information about Wheeler's habits 
that helped Martorano plan Wheeler's murder.\605\ Rico was the 
vice president and director of security at World Jai Alai when 
Wheeler was murdered.\606\ Martorano reportedly testified that 
he was given ``a piece of paper written by Rico with all the 
information--his phone numbers, addresses.'' \607\ The Tulsa 
Police Department continued to investigate Rico as a 
conspirator in the Wheeler murder.\608\ Following Stephen 
Flemmi's acceptance of a plea agreement on federal charges, 
Rico was finally arrested in connection with the Wheeler 
murder.\609\
---------------------------------------------------------------------------
    \601\ See id. at 29.
    \602\ See id.
    \603\ See id.
    \604\ See id. at 29-30.
    \605\ See J.M. Lawrence, Oh, Brother; Hit Man Says Bulger Asked 
Agent to Watch over Whitey, Boston Herald, May 14, 2002, at 1.
    \606\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 269 
(Dec. 5, 2002) (testimony of Michael T. Huff); Edmund H. Mahony, 
Detective: Jai Alai Slaying Investigation Still Active, Hartford 
Courant, Dec. 6, 2002, at A14.
    \607\ See Edmund H. Mahony, Detective: Jai Alai Slaying 
Investigation Still Active, Hartford Courant, Dec. 6, 2002, at A14.
    \608\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 272 
(Dec. 5, 2002) (testimony of Michael T. Huff); Edmund H. Mahony, 
Detective: Jai Alai Slaying Investigation Still Active, Hartford 
Courant, Dec. 6, 2002, at A14.
    \609\ Ralph Ranalli, Break Seen In Fight on Corruption, Boston 
Globe, Oct. 10, 2003.
---------------------------------------------------------------------------
    While the Wheeler investigation and now prosecution 
continues, Roger Wheeler's son David poignantly reminded:

        Forgotten in all of this are the people the Agency is 
        sworn to serve, the people it was designed to protect: 
        People like my father. People like all of the others 
        murdered by this Agency's informants, whose families--
        some of them present today, in this room--grieve to 
        this day.

        Something else has been lost, too, perhaps forever, as 
        a result of these disclosures of FBI abuse: Trust and 
        confidence. The trust of people who, like my father, 
        believed the FBI served a good and honorable purpose. 
        People who would like to trust the Bureau, but now, 
        sadly, do not. Where there was once trust, there is now 
        fear. And that is a loss we cannot afford.\610\
---------------------------------------------------------------------------
    \610\ See ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 270 
(Dec. 5, 2002) (testimony of David Wheeler).

David Wheeler's story is not unique; FBI informants destroyed 
the lives of many other families.

4. Florida

    There is substantial evidence that state and local law 
enforcement efforts in Florida were obstructed by the FBI 
during a Miami homicide investigation. On August 4, 1982, John 
Callahan's body was found in the trunk of his car at the Miami 
Airport.\611\ Shelton Merritt, lead investigator in the 
homicide investigation, told Committee investigators that he 
had received information that there might be a Boston 
connection to the Callahan murder. Consequently, he and 
Sergeant Mike Hammerschmidt traveled to Boston shortly after 
Callahan's body was discovered to pursue various leads.\612\ 
Merritt and Hammerschmidt met with Special Agent Gerald 
Montanari in the Boston FBI Office and indicated they wanted to 
interview witnesses about the Callahan murder.\613\ Montanari 
said ``let's walk outside,'' and, when they were outside, he 
told the Florida police officers that that they could not talk 
in the office.\614\ Montanari said the FBI was interviewing the 
witnesses and that Merritt and Hammerschmidt could not.\615\ 
Montanari told Merritt and Hammerschmidt that Callahan had been 
planning to provide the FBI with information but was killed 
before doing so.\616\ Merritt went back to Miami, aware that he 
was dealing with organized crime.\617\
---------------------------------------------------------------------------
    \611\ U.S. v. Salemme, 91 F. Supp. 2d 141, 211 (D. Mass. 1999), 
rev'd in part sub nom. U.S. v. Flemmi, 225 F.3d 78 (1st Cir. 2000).
    \612\ Telephone interview with Shelton Merritt, former Detective, 
Metro Dade Police Dept. (Dec. 2, 2002).
    \613\ Id.
    \614\ Id.
    \615\ Id.
    \616\ Id.
    \617\ Id.
---------------------------------------------------------------------------
    From the outset of the investigation, the FBI had access to 
the Florida homicide unit's investigative findings.\618\ H. 
Paul Rico, a former FBI Special Agent and the Security Director 
of World Jai Alai, soon became aware of every move Merritt and 
the other investigators made.\619\ Florida homicide 
investigators became uncomfortable with this arrangement. As a 
result, FBI agents were not allowed to look at reports or even 
to go on the homicide floor without supervision.\620\
---------------------------------------------------------------------------
    \618\ Id.
    \619\ Id.
    \620\ Id.
---------------------------------------------------------------------------
    Upon returning to Florida, Merritt began working with the 
Florida Department of Law Enforcement (``FDLE''), which was 
conducting an investigation of corruption in the gaming 
industry.\621\ Merritt and the FDLE began working with IRS 
auditors in an attempt to understand the alleged motive for the 
Callahan murder.\622\ Lewis Wilson, an FDLE Special Agent, was 
involved in the investigation.\623\ At the time, Wilson was 
aware that Rico employed the wife of one FBI Special Agent at 
World Jai Alai.\624\ Documents obtained by the Committee also 
show that the previous year Rico had entertained FBI Special 
Agents Tom Dowd, whose wife worked for Rico, and Jerry 
Forrester in the Bahamas and that this business relationship 
was paid for by World Jai Alai.\625\ Wilson has had a 
persistent feeling for the last twenty years that ``things 
didn't feel right'' with the FBI.\626\ According to Wilson, 
``this case has haunted [him] for the last twenty years.'' 
\627\
---------------------------------------------------------------------------
    \621\ Id.
    \622\ Id.
    \623\ Telephone interview with Lewis Wilson, former Special Agent, 
Florida Department of Law Enforcement (Dec. 2, 2002).
    \624\ Id.
    \625\ World Jai Alai Purchase Report (May 11, 1981) (Exhibit 719).
    \626\ Telephone interview with Lewis Wilson, former Special Agent, 
Florida Department of Law Enforcement (Dec. 2, 2002).
    \627\ Id.
---------------------------------------------------------------------------
    The Callahan murder investigation and the related 
investigation of corruption in the jai alai business gradually 
fizzled out.\628\ According to Merritt, he was ``stonewalled 
and snowballed'' by the FBI and ``the FBI gave them the cold 
shoulder.'' \629\
---------------------------------------------------------------------------
    \628\ Telephone interview with Shelton Merritt, former Detective, 
Metro Dade Police Dept. (Dec. 2, 2002).
    \629\ Id.
---------------------------------------------------------------------------

5. Massachusetts

    This section makes no attempt to provide a complete 
accounting of the problems experienced by state investigators. 
Although there may be many more, this section discusses four 
investigations that appear to have been compromised in an 
effort to protect Stephen Flemmi and James Bulger.
            i. Operation Lobster
    FBI personnel appear to have compromised a number of state 
investigations in Massachusetts. In 1977, the Boston FBI and 
the Massachusetts State Police initiated Operation Lobster, a 
joint probe of the widespread hijacking of trucks in New 
England.\630\ The lead state police representative, Bob Long, 
recalled that there was no cooperation from the FBI on the 
operation.\631\ Operation Lobster intended to target James 
``Whitey'' Bulger, Stephen Flemmi, and other members of the 
Winter Hill Gang.\632\ FBI Agent Nick Gianturco went 
undercover, posing as a fence for the truck hijackers.\633\ The 
investigation continued into 1978 when, in an off-hand remark, 
Bulger told FBI Agent John Connolly that some of his associates 
were considering robbing a fence (Gianturco) in Boston.\634\ 
Connolly was concerned for Gianturco's safety, called the 
undercover agent, and warned him that the hijackers were going 
to kill him.\635\ Sergeant Bob Long, however, said there was 
never any evidence that Gianturco's life was in danger.\636\ 
Agent Connolly did not notify the FBI and state police 
officials responsible for Gianturco's safety or Bulger's 
remark, nor did he document the episode in an FBI report until 
two years later.\637\ After Connolly warned Gianturco of the 
possible threat on his life, Operation Lobster was quickly 
concluded with the arrest of 46 people from every organized 
crime faction in the city except Bulger's and Flemmi's South 
Boston.\638\
---------------------------------------------------------------------------
    \630\ See Interview with Bob Long, former Sergeant, Massachusetts 
State Police (Apr. 17, 2001).
    \631\ Id.
    \632\ Id.
    \633\ See United States v. Salemme, 91 F. Supp. 2d 141, 197 (D. 
Mass. 1999), rev'd in part sub nom. U.S. v. Flemmi, 225 F.3d 78 (1st 
Cir. 2000).
    \634\ See Dick Lehr & Gerard O'Neill, Black Mass 61 (Perennial 
2000).
    \635\ See id. Flemmi contradicted Connolly's account, saying that 
Connolly was informed of a possible shakedown of Gianturco, not a 
planned murder. Connolly would later claim that Bulger helped save an 
FBI agent's life as a justification for leaving Bulger open as an 
informant. See id. at 130; Salemme, 91 F. Supp. 2d at 197.
    \636\ See Interview with Bob Long, former Sergeant, Massachusetts 
State Police (Apr. 17, 2001).
    \637\ See Dick Lehr & Gerard O'Neill, Black Mass 61, 130 (Perennial 
2000). The authors of Black Mass concluded that Flemmi--not Bulger--
informed Connolly of the plan to rob the fence. Compare id. with 
Salemme, 91 F. Supp. 2d at 197.
    \638\ See Interview with Bob Long, former Sergeant, Massachusetts 
State Police (Apr. 17, 2001).
---------------------------------------------------------------------------
            ii. The Lancaster Street Garage
    In 1980, the Massachusetts State Police determined that the 
Lancaster Street Garage (``Garage'') in downtown Boston was a 
hub for organized crime figures conducting illegal 
activities.\639\ From an apartment across Lancaster Street, the 
state police saw virtually every organized crime figure in New 
England visit James ``Whitey'' Bulger and Stephen Flemmi at the 
Garage.\640\ After watching the Garage for eleven weeks, the 
police consulted Jeremiah O'Sullivan, the top federal 
prosecutor for the New England Organized Crime Strike Force, 
about obtaining authority for microphone surveillance.\641\ The 
Massachusetts State Police insisted that the FBI not be told 
about the microphone because state officials believed that 
Bulger and Flemmi were FBI informants who might compromise the 
investigation if they knew about the bug.\642\ Considering the 
request to conduct the investigation without the FBI, 
O'Sullivan recommended that the state police work with the 
Suffolk County District Attorney's Office.\643\ With the local 
prosecutor's assistance, the state police obtained a warrant to 
bug the Lancaster Street Garage.\644\ On July 24, 1980, the 
state police successfully installed a microphone in the 
Garage.\645\
---------------------------------------------------------------------------
    \639\ See Salemme, 91 F. Supp. 2d at 202.
    \640\ See id.; Dick Lehr & Gerard O'Neill, Black Mass 85 (Perennial 
2000).
    \641\ See Salemme, 91 F. Supp. 2d at 202; Dick Lehr & Gerard 
O'Neill, Black Mass 84-85 (Perennial 2000).
    \642\ See Salemme, 91 F. Supp. 2d at 202; Interview with Bob Long, 
former Sergeant, Massachusetts State Police (Apr. 17, 2001).
    \643\ Interview with Bob Long, former Sergeant, Massachusetts State 
Police (Apr. 17, 2001). Concerning the exclusion of the FBI from Long's 
investigation, O'Sullivan also advised Long that it would be suicide 
for him to go against the FBI. See id.
    \644\ See Salemme, 91 F. Supp. at 202; Dick Lehr & Gerard O'Neill, 
Black Mass 85 (Perennial 2000).
    \645\ See Salemme, 91 F. Supp. at 202.
---------------------------------------------------------------------------
    For about two weeks, the Lancaster Street bug was 
``extremely productive.'' \646\ Bob Long, a Sergeant for the 
Massachusetts State Police, said that they initially picked up 
transmissions of Bulger and Flemmi meeting in the Garage's 
office.\647\ However, within a few weeks Bulger and Flemmi 
abruptly changed their routine and no longer discussed business 
in the office.\648\ Instead, Bulger and Flemmi joked about what 
great guys the state police were, and the two informants 
eventually stopped using the Garage altogether.\649\ The state 
police knew that Bulger and Flemmi had been tipped off 
concerning the electronic surveillance.\650\ According to Judge 
Mark Wolf, Flemmi originally learned of the bug from a 
Massachusetts State Police Trooper.\651\ Flemmi then discussed 
this matter with Agent John Connolly, who was able to confirm 
for Flemmi and Bulger that the Lancaster Street Garage was 
bugged.\652\ Flemmi and Bulger conveyed the information to 
their organized crime associates, and discussion of criminal 
activity at the Garage stopped.\653\ The Lancaster Street 
Garage investigation was a failure.
---------------------------------------------------------------------------
    \646\ See id.
    \647\ Interview with Bob Long, former Sergeant, Massachusetts State 
Police (Apr. 17, 2001).
    \648\ See Interview with Bob Long, former Sergeant, Massachusetts 
State Police (Apr. 17, 2001); Dick Lehr & Gerard O'Neill, Black Mass 85 
(Perennial 2000).
    \649\ Interview with Bob Long, former Sergeant, Massachusetts State 
Police (Apr. 17, 2001).
    \650\ See Salemme, 91 F. Supp. 2d at 202.
    \651\ See id.
    \652\ See id.
    \653\ See id.
---------------------------------------------------------------------------
            iii. The Howard Johnson's Investigation
    A few weeks after the Lancaster Street Garage investigation 
was compromised, the Massachusetts State Police began a new 
investigation of Bulger and Flemmi.\654\ The state police 
determined that Bulger and Flemmi were using a bank of pay 
phones at a Howard Johnson's restaurant in Boston to conduct 
business.\655\ State troopers believed that Bulger and Flemmi 
were involved in drug trafficking after they were seen meeting 
with Frank Lepere, a marijuana dealer, who had visited the 
Lancaster Street Garage.\656\ The following day, September 5, 
1980, Bulger and Flemmi met at Howard Johnson's with Mickey 
Caruna, reputedly the biggest drug trafficker in New 
England.\657\ Based on this information, the state police 
obtained a second warrant to conduct electronic surveillance of 
Bulger and Flemmi.\658\ On September 17, 1980, the five pay 
phones outside the Howard Johnson's were tapped.\659\ The state 
troopers awaited the targets' arrival, but Bulger and Flemmi 
never used the Howard Johnson's for business again.\660\
---------------------------------------------------------------------------
    \654\ See Dick Lehr & Gerard O'Neill, Black Mass 90 (Perennial 
2000).
    \655\ See id. at 90-91; Interview with Bob Long, former Sergeant, 
Massachusetts State Police (Apr. 17, 2001).
    \656\ See Dick Lehr & Gerard O'Neill, Black Mass 91 (Perennial 
2000).
    \657\ See id.
    \658\ See id.
    \659\ See Interview with Bob Long, former Sergeant, Massachusetts 
State Police (Apr. 17, 2001); Dick Lehr & Gerard O'Neill, Black Mass 91 
(Perennial 2000).
    \660\ See Interview with Bob Long, former Sergeant, Massachusetts 
State Police (Apr. 17, 2001); Dick Lehr & Gerard O'Neill, Black Mass 91 
(Perennial 2000).
---------------------------------------------------------------------------
            iv. The DEA Investigation
    Several years later, in 1984, the DEA initiated an 
investigation targeting Bulger and Flemmi.\661\ DEA officials 
understood that any effort to obtain a court order to conduct 
electronic surveillance of Bulger and Flemmi would have to 
include a law enforcement agency with the authority to 
investigate non-narcotics offenses because the DEA expected to 
overhear evidence of loansharking, gambling, and 
extortion.\662\ The DEA preferred not to collaborate with the 
FBI, which had the authority to investigate these offenses, 
because DEA agents believed that Bulger and Flemmi were FBI 
informants.\663\ Thus, the DEA recruited the Massachusetts 
State Police, instead of the FBI, to assist with the 
investigation.\664\ Despite efforts to keep the joint 
investigation secret, Special Agent Connolly learned of the 
investigation and advised his informants of the possibility of 
electronic surveillance.\665\ The DEA and U.S. Attorney's 
Office soon realized that Bulger and Flemmi were aware that 
they had been targeted, but decided to continue the 
investigation.\666\ Federal authorities wanted to convey the 
impression to Bulger and Flemmi that the investigation had been 
concluded.\667\ In an effort to reduce the number of people who 
knew about the investigation and minimize the risk of leaks, 
the DEA cut the Massachusetts State Police out of the 
investigation on the pretext that it was being abandoned. Thus, 
the DEA lost the partner in the joint investigation with the 
authority and experience to investigate gambling and 
loansharking.\668\ The DEA investigation was ultimately 
unsuccessful, and, due to Agent Connolly's leak, the 
Massachusetts State Police's role in another Bulger and Flemmi 
investigation had been compromised.\669\
---------------------------------------------------------------------------
    \661\ Salemme, 91 F. Supp. 2d at 220.
    \662\ Id. at 223.
    \663\ See id. at 220, 223.
    \664\ See id. at 223.
    \665\ See id. at 227-28.
    \666\ See id. at 230.
    \667\ See id.
    \668\ See id.
    \669\ See id. at 242.
---------------------------------------------------------------------------

6. Connecticut

    Connecticut state law enforcement also encountered 
interference with important investigations, particularly in 
regard to its scrutiny of organized crime involvement in the 
sport of jai alai.\670\ ``Investigators from agencies for 
various states, in particular state police detectives from 
Connecticut, have long complained that FBI agents in Boston 
impeded jai alai investigations in an effort to protect two 
bureau informants.'' \671\ According to Austin McGuigan, former 
chief prosecutor of the Connecticut Statewide Organized Crime 
Task Force, ``Federal agents were all too willing to provide 
information regarding state and local investigations to former 
FBI agents who were employed by the very businesses that were 
under investigation . . . [, but] the same information was not 
provided to the agencies mandated by law to prosecute these 
cases.'' \672\
---------------------------------------------------------------------------
    \670\ Jai alai is a court game similar to handball in which players 
use a long hand-shaped basket strapped to the wrist to catch and propel 
the ball.
    \671\ Edmund Mahony, Sources: Gangster Admits to Jai Alai Killing, 
Hartford Courant, July 23, 1998, at A1.
    \672\ ``Justice Department Misconduct in Boston: Are Legislative 
Solutions Required?,'' Hearing Before the Comm. on Govt. Reform, 107th 
Cong. 681 (Feb. 27, 2002) (testimony of Austin McGuigan).
---------------------------------------------------------------------------
    The Connecticut legislature legalized jai alai gambling in 
April 1972.\673\ This authorization led to several state law 
enforcement jai alai investigations concerning game fixing and 
connections to organized crime. ``Before the first 
[Connecticut] fronton \674\ opened in 1976, allegations 
surfaced that mob-connected businessmen from Florida were 
trying to expedite the Connecticut licensing process with a 
substantial cash payment.'' \675\ As a result, the Connecticut 
Statewide Organized Crime Task Force, with Austin McGuigan as 
its chief prosecutor, began an investigation in the fall of 
1975 into the opening of a Bridgeport Jai Alai fronton.\676\ 
During the investigation, the task force discovered meetings 
between major New York and New Jersey La Cosa Nostra figures 
and the President of Bridgeport Jai Alai and determined that a 
loan from the Central State Teamsters Fund had funded the 
fronton.\677\ The task force revoked Bridgeport Jai Alai's 
license because of its connection to organized crime but did 
not have jurisdiction to conduct a thorough investigation 
because certain meetings were occurring in New Jersey and New 
York and the loans were originating in Chicago.\678\ 
Consequently, the task force attempted to turn over the 
information it had uncovered to federal law enforcement.\679\ 
However, according to McGuigan, ``they displayed a singular 
lack of interest in pursuing the case and, to say the least, 
were uncooperative.'' \680\
---------------------------------------------------------------------------
    \673\ Lyn Bixby, 25 Years of Gambling in Connecticut; A Quarter-
Century of Gambling, Hidden Costs, Hartford Courant, Feb. 24, 1997, at 
A1.
    \674\ A fronton is a building in which jai alai is played.
    \675\ Edmund Mahony & Lyn Bixby, Did the FBI Hinder the 
Investigation into the 1980s Jai Alai Killings? A Tale of Murder and 
Frustration, Hartford Courant, Nov. 9, 1997, at A1.
    \676\ ``Justice Department Misconduct in Boston: Are Legislative 
Solutions Required?,'' Hearing Before the Comm. on Govt. Reform, 107th 
Cong. 675 (Feb. 27, 2002) (testimony of Austin McGuigan).
    \677\ Id.
    \678\ Id. at 675, 682.
    \679\ Id. at 675.
    \680\ Id. at 676, 682.
---------------------------------------------------------------------------
    Chief Prosecutor McGuigan and the task force then began a 
licensing investigation into World Jai Alai, which was planning 
to open a fronton in Hartford.\681\ Members of the task force 
had previously met a number of ex-FBI agents engaged as 
security specialists at World Jai Alai, including H. Paul Rico, 
the head of security who had formerly worked as a Special Agent 
in the Boston FBI Office.\682\ As a Justice Department 
employee, Rico specialized in organized crime investigations 
and the development of confidential informants. The task force 
requested information about World Jai Alai President John 
Callahan from federal law enforcement agencies but received no 
information of consequence.\683\ McGuigan later discovered that 
the federal government was aware, in January 1976, of 
allegations that Callahan was involved in loan sharking with 
Boston's Winter Hill Gang.\684\ This information was shared 
with former FBI Special Agent Paul Rico while the task force's 
request for information from federal officials was met with 
silence.\685\
---------------------------------------------------------------------------
    \681\ Id.
    \682\ Id.
    \683\ Id.
    \684\ Id. at 677, 683.
    \685\ Id.
---------------------------------------------------------------------------
    Although federal law enforcement had not provided 
information about Callahan sufficient to raise concerns, 
Connecticut investigators were suspicious of his activities and 
connections. As a result, task force investigators decided to 
follow Callahan when he left a meeting in Hartford.\686\ 
Callahan had told the task force that he was going directly to 
Miami after meeting with the task force. McGuigan, however, 
followed Callahan, who went to Boston instead of Miami.\687\ 
McGuigan mentioned Callahan's name to Chief Prosecutor Tom 
Dwyer of the Suffolk County Organized Crime Prosecution Unit, 
and was told that Callahan had ``organized crime connections, 
Winter Hill Gang.'' \688\ Dwyer further told McGuigan that his 
unit had done surveillance on Callahan and that Callahan ``had 
meetings with the Winter Hill Gang, John Martorano, the 
Flemmis, Howie Winter, and so forth.'' \689\ McGuigan was 
puzzled as to how this information was not known to the former 
FBI agents working in security at World Jai Alai.\690\
---------------------------------------------------------------------------
    \686\ Id. at 676, 682.
    \687\ Id.
    \688\ Id.
    \689\ Id.
    \690\ Id.
---------------------------------------------------------------------------
    The Connecticut task force scheduled a hearing to obtain 
testimony from Callahan on May 3, 1976.\691\ However, Jai Alai 
Security Director Rico learned of the investigation shortly 
before the hearing, and Callahan resigned before the task force 
could secure his testimony. This removed Callahan from the task 
force's jurisdiction, since he was no longer tied to 
Connecticut.\692\
---------------------------------------------------------------------------
    \691\ Id.
    \692\ Id. at 676-77.
---------------------------------------------------------------------------
    World Jai Alai opened its Hartford fronton after Callahan's 
resignation.\693\ Following its opening, the Connecticut task 
force obtained the first convictions for the fixing of Jai Alai 
games.\694\ The task force's jurisdiction was limited to the 
State of Connecticut's borders, however, and McGuigan was not 
aware of a federal agency ever conducting any interstate jai 
alai investigation.\695\
---------------------------------------------------------------------------
    \693\ Id. at 677, 683.
    \694\ Id.
    \695\ Id.
---------------------------------------------------------------------------
    Roger Wheeler, an Oklahoma businessman, purchased World Jai 
Alai in 1978. In 1981, however, Wheeler was murdered at the 
Southern Hills Country Club in Tulsa, Oklahoma.\696\ The 
Connecticut task force opened an investigation to determine 
whether a link existed between the jai alai skimming 
allegations, the Winter Hill Gang, and the Wheeler murder.\697\ 
McGuigan and his task force contacted the Dade County Strike 
Force to interview Callahan.\698\ However, the day McGuigan 
arrived in Miami for the interview, Callahan's body was 
discovered in the trunk of a car parked at the Miami 
Airport.\699\
---------------------------------------------------------------------------
    \696\ Id. at 677.
    \697\ Id. at 677-78.
    \698\ Id.
    \699\ Id.
---------------------------------------------------------------------------
    The FBI's treatment of the Connecticut task force during 
the jai alai investigations provides yet another example of a 
major failure to cooperate with state law enforcement. Because 
of the FBI's failure to provide information to the task force, 
Connecticut law enforcement was impeded in its efforts to 
investigate and prosecute wrongdoing in the jai alai industry.

7. Rhode Island

    Joseph Barboza was not the only cooperating witness 
developed by FBI Special Agent H. Paul Rico. Not long after 
Barboza testified in the Deegan murder prosecution, Rico 
developed and handled Rhode Island state witness John J. 
``Red'' Kelley in connection with the prosecution of mob boss 
Raymond Patriarca and four of his associates. In doing so, Rico 
interfered with state law enforcement. Specifically, the Rhode 
Island Supreme Court found that Kelley was directed by Rico to 
commit perjury to protect an informant, to protect and further 
an ongoing FBI investigation, and to ensure the conviction of 
the defendants at trial.\700\ The court also found that Rico 
lied under oath to corroborate portions of Kelley's 
perjury.\701\
---------------------------------------------------------------------------
    \700\ See State v. Patriarca, 308 A.2d 300, 305 (R.I. 1973).
    \701\ See id.
---------------------------------------------------------------------------
    On April 20, 1968, Rudolph Marfeo and his associate Anthony 
Melei were shot to death while shopping at a market in 
Providence, Rhode Island.\702\ These gangland slayings, 
committed at the behest of Raymond Patriarca, were the 
culmination of a conspiracy to eliminate Marfeo's involvement 
in a gambling operation.\703\ Seven men were charged with 
murder, conspiracy to murder, and accessory before the fact to 
murder.\704\ An eighth participant in the murders was John J. 
``Red'' Kelley. However, instead of being charged and standing 
trial for his role in the murders, Kelley became a government 
witness.\705\
---------------------------------------------------------------------------
    \702\ See id.
    \703\ See id.
    \704\ The seven who were indicted, and the crimes with which they 
were charged, were as follows: Robert Fairbrothers, Maurice Lerner, and 
John Rossi were charged with murder and conspiracy. Patriarca, Louis 
Manocchio, Rudolpho Sciarra, and Frank Vendituoli were charged with 
accessory to murder and conspiracy. The conspiracy charge against 
Vendituoli was dismissed, and he was found not guilty of the accessory 
charges. See Patriarca, 308 A.2d at 395; State v. Manocchio, 496 A.2d 
931 (R.I. 1985).
    \705\ See Patriarca, 308 A.2d at 305-07 (providing a detailed 
factual account of the murders).
---------------------------------------------------------------------------
    Patriarca was considered one of the nation's top organized 
crime leaders, and his conviction would have dealt a severe 
blow to organized crime in New England.\706\ In fact, a 
Department of Justice memorandum recommending Patriarca's 
prosecution stated: ``[I]t was generally agreed among the FBI, 
Strike Force Attorneys, and the Rhode Island Attorney General 
that [the] conviction of Patriarca . . . in this matter would 
deal a death blow to the Rhode Island LCN'' [``La Cosa 
Nostra''] and ``the conviction of Maurice R. `Pro' Lerner will 
remove from the scene one of the most vicious and affective 
[sic] killers in New England.'' \707\
---------------------------------------------------------------------------
    \706\ See Letter from Robert F. Kennedy, Attorney General, U.S. 
Dept. of Justice, to the Honorable Mortimer M. Caplan, Commissioner, 
IRS (Feb. 13, 1961) (Exhibit 16) (Kennedy lists Raymond Patriarca as 
one of the 39 top echelon racketeers in the country targeted for 
investigation and prosecution.)
    \707\ Memorandum from Gerald McDowell, Attorney, Organized Crime 
Strike Force, Boston U.S. Dept. of Justice Field Office, to Thomas 
Kennelly, Deputy Chief, Organized Crime and Racketeering Section, U.S. 
Dept. of Justice (Aug. 11, 1969) (document is retained by the Justice 
Department). A senior FBI official later called the convictions ``an 
achievement of major dimension causing telling disruption at organized 
crime's top-level in New England.'' FBI Memorandum from J.H. Gale to 
Mr. DeLoach (Mar. 31, 1970) (Exhibit 308).
---------------------------------------------------------------------------
    Not long after the Marfeo-Melei murders, Special Agent Rico 
developed John ``Red'' Kelley as a cooperating witness.\708\ In 
the process, Rico met with Kelley on several occasions to 
prepare for the Rhode Island prosecution of the murders of 
Marfeo and Melei.\709\ By the time Kelley was turned over to 
Assistant Rhode Island Attorney General Richard Israel, Kelley 
was a fully prepared witness.\710\ In an interview with the 
Committee, Israel remarked that he ``had no reason to question 
the FBI'' regarding the scope of the promises, rewards, or 
inducements Kelly was going to receive to testify at the 
Marfeo/Melei murder trial.\711\ Israel continued saying, 
``[T]hey [we]re handing me a major crime on a silver platter--
hell a gold platter and we were going to break down the major 
element of Patriarca's unit.'' \712\
---------------------------------------------------------------------------
    \708\ See FBI Memorandum from J.H. Gale to Mr. DeLoach (Mar. 31, 
1970) (Exhibit 308). (``Rico was instrumental in the development and 
handling of notorious Boston hoodlum John Kelley as an informant and 
witness.'') Rico also likely believed that Kelley's testimony would 
solidify the veracity of Barboza's previous testimony against Patriarca 
for the conspiracy to murder Rudolph Marfeo's brother Willie, which 
would further demonstrate Barboza's importance as a witness.
    \709\ Trial Transcript, State v. Lerner (R.I. Super. Ct.) at 2571, 
2610, 2622, 2623 [``Lerner Trial Transcript''] (Exhibit 302).
    \710\ See Lerner Trial Transcript at 2550, 2555, 2557-2567, 2571, 
2610, 2622-23 (Exhibit 302). Israel told the Committee that he never 
interviewed Kelley without Rico being present. Israel noted that the 
FBI was particularly esteemed at the time and Rico's constant presence 
never struck him as suspicious. Interview with Richard Israel, former 
Assistant Attorney General, Rhode Island (Sept. 26, 2001).
    \711\ Interview with Richard Israel, former Assistant Attorney 
General, Rhode Island (Sept. 26, 2001).
    \712\ Id.
---------------------------------------------------------------------------
    The trial began for Maurice Lerner, Raymond Patriarca, 
Robert Fairbrothers, John Rossi, and Rudolpho Sciarra on 
February 27, 1970 (the ``Lerner trial'').\713\ Luigi Manocchio, 
who had also been indicted, earlier fled the jurisdiction and 
evaded arraignment and prosecution until May of 1983.\714\ On 
March 9, 1970, Kelley took the stand at the Lerner trial as the 
state's main witness.\715\ Kelley testified as to the planning 
and execution of the murders, including his own role, and as to 
the promises, rewards, and inducements he was receiving in 
exchange for his testimony.\716\ Rico also took the stand to 
corroborate Kelley's testimony as to the promises, rewards, or 
inducements Kelley was receiving for testifying.\717\ As a 
result, Lerner was convicted of murder and conspiracy to 
murder.\718\ The other defendants were convicted of conspiring 
to murder.\719\
---------------------------------------------------------------------------
    \713\ Docket Sheet, State v. Lerner (R.I. Super. Ct.) [``Lerner 
Docket Sheet''] (Exhibit 294). Kelley was granted immunity in exchange 
for his testimony. Order, In re: Application of Attorney General under 
Chapter 54 of the Public Laws of 1969 (Exhibit 277).
    \714\ Manocchio, 496 A.2d at 931.
    \715\ See Lerner Trial Transcript at 1994 (Exhibit 296).
    \716\ Lerner Trial Transcript at 1994-2448 (Exhibit 296); see also 
Patriarca, 308 A.2d at 305-07; Lerner v. Moran, 542 A.2d 1089, 1090-91 
(R.I. 1988).
    \717\ Lerner Trial Transcript at 2613-16, 2621-22, 2630-31, 2636 
(Exhibit 302); See also Moran, 542 A.2d at 1090-91.
    \718\ Lerner Docket Sheet (Exhibit 306); see also State v. Lerner, 
308 A.2d 324, 330 (R.I. 1973). Lerner was later sentenced on September 
14, 1970, to consecutive life sentences on the murder charges and ten 
years on the conspiracy charge. See Application for Post-Conviction 
Relief (Exhibit 771). Patriarca was sentenced to a term of 10 years 
imprisonment for conspiracy to murder.
    \719\ Lerner Docket Sheet (Exhibit 306); see also Lerner, 308 A.2d 
at 330. Rico was praised for his ``outstanding accomplishments in the 
development and handling'' of Kelley and received an incentive award 
approved by Director Hoover. See FBI Airtel from Special Agent in 
Charge, Boston FBI Field Office, to J. Edgar Hoover, Director, FBI 
(Mar. 30, 1970) (Exhibit 307); FBI Memorandum from J.H. Gale to Cartha 
DeLoach (Mar. 31, 1970) (Exhibit 308); Letter from J. Edgar Hoover, 
Director, FBI, to H. Paul Rico, Special Agent, Boston FBI Field Office 
(Apr. 1, 1970) (Exhibit 310).
---------------------------------------------------------------------------
    It was not until 1983 that it was publicly revealed that 
Kelley and Rico testified falsely at the Lerner trial. In 
preparing for the trial of Manocchio for his role in the 
Marfeo/Melei murders, Assistant Attorney General for the State 
of Rhode Island David Leach looked at the Lerner trial 
transcript as a ``script'' for the Manocchio trial.\720\ 
Knowing that Kelley would have to be called as the state's main 
witness,\721\ Leach and Rhode Island Detective Urbano Prignano 
met with Kelley before he was called as a witness.\722\ At that 
time, Kelley relayed to them that certain portions of his prior 
testimony at the Lerner trial were false and that Special Agent 
Rico had instructed him to commit perjury. When asked why he 
went along with Rico's suggestions, Kelley responded, ``Well, 
my life was in their hands.'' \723\
---------------------------------------------------------------------------
    \720\ Interview with David Leach, former Assistant Attorney General 
for Rhode Island (Sept. 25, 2001).
    \721\ Id.
    \722\ See Sworn Statement of David H. Leach (May 24, 1983) (Exhibit 
762); Sworn Statement of Urbano Prignano (May 24, 1983) (Exhibit 762).
    \723\ Sworn Statement of Urbano Prignano (May 24, 1983) (Exhibit 
763).
---------------------------------------------------------------------------
    At the Manocchio trial, Kelley testified that he had 
committed perjury during the Lerner trial in three aspects, all 
at the behest of Rico. First, Kelley testified at the Lerner 
trial that he cut down a shotgun for use in the murders.\724\ 
However, at the Manocchio trial, Kelley admitted that his 
armorer actually ``cut down'' the weapon.\725\ Kelley said Rico 
told him not to mention the armorer's role in the murders 
because the armorer was an important FBI informant who Rico 
wanted to keep on the streets in an effort to dismantle the 
Boston group of the Patriarca crime family.\726\
---------------------------------------------------------------------------
    \724\ See Moran, 542 A.2d at 1090.
    \725\ See id. See also Karen Ellsworth, Sciarra Given Term for 
Contempt, Providence Journal-Bulletin, June 3, 1983 (Exhibit 765).
    \726\ See Moran, 542 A.2d at 1090. See also Karen Ellsworth, 
Sciarra Given Term For Contempt, Providence Journal-Bulletin, June 3, 
1983 (Exhibit 765).
---------------------------------------------------------------------------
    Second, Kelley testified at the Lerner trial that the gang 
had a key meeting with Patriarca prior to the murders at a 
particular restaurant.\727\ However, at the Manocchio trial, 
Kelley admitted that the meeting did not take place at the 
restaurant he had previously named.\728\ In fact, the 
previously named restaurant had been destroyed by fire by the 
time of the purported meeting.\729\ Kelley stated that Rico 
wanted him to put the meeting at that particular restaurant to 
establish a connection between Patriarca and the owner of the 
restaurant, effectively assisting Rico in his investigation 
against the restaurant owner.\730\ According to Kelley, the FBI 
had invested millions of dollars in trying to tie the owner of 
the restaurant to Patriarca, but, up to that point, their 
investigation had not been successful.\731\ Rico apparently 
believed that Kelley's testimony about that particular 
restaurant would produce valuable circumstantial evidence 
against the restaurant owner.\732\
---------------------------------------------------------------------------
    \727\ See Moran, 542 A.2d at 1090.
    \728\ See id.; Sworn Statement of David H. Leach (May 24, 1983) 
(Exhibit 762); Sworn Statement of Urbano Prignano (May 24, 1983) 
(Exhibit 763).
    \729\ Sworn Statement of David H. Leach (May 24, 1983) (Exhibit 
762); Sworn Statement of Urbano Prignano (May 24, 1983) (Exhibit 763).
    \730\ Moran, 542 A.2d at 1090.
    \731\ See Moran, 542 A.2d at 1090; Sworn Statement of David H. 
Leach (May 24, 1983) (Exhibit 762); Sworn Statement of Urbano Prignano 
(May 24, 1983) (Exhibit 763).
    \732\ See Moran, 542 A.2d at 1090; Sworn Statement of David H. 
Leach (May 24, 1983) (Exhibit 762); Sworn Statement of Urbano Prignano 
(May 24, 1983) (Exhibit 763).
---------------------------------------------------------------------------
    Third, Kelley testified at the Lerner trial that Rico 
promised him only immunity and protection for his family in 
exchange for his testimony and did not promise him income, a 
new identity, and relocation.\733\ Rico under oath then 
corroborated Kelley's testimony regarding such promises.\734\ 
However, at the Manocchio trial, Kelley testified that Rico 
did, in fact, promise Kelley income for the rest of his life, a 
new identity, and relocation.\735\ This was buttressed by the 
state's filing of the Financial Report for Witness Protection 
Program participant Kelley. That report revealed that Kelley 
was a member of the witness protection program since May 1970 
and that he was receiving alimentation payments in the form of 
subsistence, housing, medical, travel, documents, relocation, 
trial, moving, and miscellaneous expenses from 1971 to 
1982.\736\ He received no less than $114,848.06.\737\ When 
asked why he had lied during Lerner's trial about the promises 
made to him, Kelley stated, ``Agent Rico told me I shouldn't 
tell all of these things because it looked like I was being 
paid; that I should just do as he said, and everything would 
come out all right.'' \738\ Shortly afterwards, the Boston FBI 
office sent a teletype to Washington, stating that Red Kelley 
testified that he committed perjury at the behest of Special 
Agent H. Paul Rico.\739\
---------------------------------------------------------------------------
    \733\ Lerner Trial Transcript at 2274, 2275, 2278-81, 2300, 2306 
(Exhibit 296); Moran, 542 A.2d at 1090.
    \734\ Lerner Trial Transcript at 2613-16, 2620-22, 2630-31, 2636 
(Exhibit 302). Rico testified that he told Kelley that any cooperation 
Kelley gave to the United States Government would be brought to the 
attention of the proper authorities and that the United States 
Government had agreed to give him personal security. However, Rico 
testified that he never described to Kelley the kind of personal 
security and protection that he might expect to receive. Rico testified 
that he spoke with Theodore F. Harrington of the Justice Department 
regarding the personal security which Kelley would receive. Rico 
specifically denied that he told Kelley that he would be provided with 
a new identity and relocation. Id.
    \735\ Trial Transcript, State v. Manocchio (R.I. Super. Ct.) at 
898, 899, 905-07, 910, 1042-48, 1059-61 [``Manocchio Trial 
Transcript''] (Exhibit 765).
    \736\ See Financial Report for Witness Program Participant John 
``Red'' Kelley (Exhibit 764). The report was generated on May 6, 1983, 
and signed by the Chief of the Witness Security Division of the U.S. 
Marshal's Service on May 10, 1983.
    \737\ Financial Report for Witness Program Participant John ``Red'' 
Kelley (Exhibit 764).
    \738\ Manocchio Trial Transcript at 907 (Exhibit 765). 
Notwithstanding Kelley's admissions of his prior perjury, Manocchio was 
found guilty on two charges of accessory before the fact and one charge 
of conspiracy to commit murder. See Manocchio, 496 A.2d at 931; Karen 
Ellsworth, Manocchio Guilty on All Charges in Mob Murders, Providence 
Journal-Bulletin, June 14, 1983 (Exhibit 768). Manocchio's conviction 
was later reversed on other grounds. Manocchio, 496 A.2d at 931.
    \739\ Teletype from Boston FBI Field Office to J. Edgar Hoover, 
Director, FBI (June 2, 1983) (Exhibit 767). Notwithstanding the 
extensive coverage received by this testimony in New England, Edward 
Harrington told the Committee that he was unaware of Kelley's testimony 
regarding his and Rico's perjury.
---------------------------------------------------------------------------
    Following the Manocchio trial, Lerner filed an application 
for post-conviction relief in Rhode Island Superior Court based 
on Kelley's perjurious testimony at his trial in 1970.\740\ The 
Superior Court of Rhode Island denied Lerner's application for 
post conviction relief in January 1987, despite finding that 
``Kelley committed perjury in the 1970 [Lerner] trial.'' \741\ 
However, on June 10, 1988, the Rhode Island Supreme Court 
vacated Lerner's conviction. The court held ``that Kelley's 
perjury at Lerner's trial relating to the extent of promises 
made to Kelley by the FBI in exchange for his testimony and 
Special Agent Rico's corroboration of that perjury were 
material to Kelley's credibility and therefore to the issue of 
Lerner's guilt.'' \742\ The court ruled that ``Kelley's 
perjury, elicited by the FBI, constituted material exculpatory 
evidence withheld in violation of the applicant's due process 
rights.'' \743\ In its decision, the court found that FBI 
Special Agent H. Paul Rico encouraged the state's main witness, 
``Red'' Kelley, to lie under oath at the Lerner trial to 
protect an informant, to protect and further an ongoing FBI 
investigation, and to ensure the conviction of the defendants 
on trial. The court even found that Rico lied to corroborate 
portions of Kelley's perjury.\744\
---------------------------------------------------------------------------
    \740\ Application for Post-Conviction Relief (Exhibit 771).
    \741\ Lerner v. Moran, Civil No. PM833005 (R.I. Super. Ct. 1987) 
(Exhibit 805).
    \742\ Moran, 542 A.2d at 1091.
    \743\ Id.
    \744\ Id. at 1090-1093. At a hearing before this Committee, Rico 
denied committing perjury or suborning Kelley's perjury at the 1970 
Lerner trial. ``Investigation into Allegations of Justice Department 
Misconduct in New England,'' Hearing Before the Comm. on Govt. Reform, 
107th Cong. 215 (May 3, 2001) (testimony of H. Paul Rico).
---------------------------------------------------------------------------
    Other Department of Justice officials may have known of the 
perjury at the time of the Lerner trial yet remained silent. 
When interviewed by Committee staff, Judge Edward Harrington, 
who at the time of the Lerner trial was Deputy Chief of the 
United States Department of Justice's Strike Force Against 
Organized Crime for New England, stated that he knew nothing 
about Rico's testimony at the Lerner trial and the Rhode Island 
Supreme Court's finding of perjury.\745\ Harrington, when asked 
about the Rhode Island Supreme Court's finding that Rico 
committed perjury, said: ``It's a stupid lie. Why would Rico 
tell him that? It's ludicrous.'' \746\ However, Harrington held 
out with great pride that he ``developed such significant 
accomplice witnesses as . . . `Red' Kelley.'' \747\ Rico also 
identified Harrington at the Lerner trial as being the one to 
whom Rico spoke in connection with providing personal security 
to Kelley.\748\ Moreover, as Head of the Strike Force, 
Harrington was one of the individuals who decided what terms a 
witness would receive in exchange for his testimony and, in 
fact, was instrumental in arranging the terms for Joe ``the 
Animal'' Barboza's testimony in three trials.\749\ Likewise, it 
is quite possible that Harrington decided Kelley's terms as 
well. In addition, employees of the U.S. Marshals Service and 
other Department of Justice officials may have known of the 
perjury due to their involvement with and protection of 
Kelley.\750\
---------------------------------------------------------------------------
    \745\ See Interview with Edward F. Harrington, former Attorney in 
Charge, Organized Crime and Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Dec. 20, 2001).
    \746\ Interview with Edward F. Harrington, former Attorney in 
Charge, Organized Crime and Racketeering Section, Boston U.S. Dept. of 
Justice Field Office (Dec. 20, 2001).
    \747\ Letter from Edward Harrington, former Attorney in Charge, 
Organized Crime and Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to the Honorable Joseph Biden, United States Senator 
(Jan. 20, 1988) (Exhibit 813).
    \748\ Lerner Trial Transcript at 2621-22 (Exhibit 302).
    \749\ See Letter from Edward Harrington, former Attorney in Charge, 
Organized Crime and Racketeering Section, Boston U.S. Dept. of Justice 
Field Office, to the Honorable Joseph Biden, United States Senator 
(Jan. 20, 1988) (Exhibit 813); Interview with Edward F. Harrington, 
former Attorney in Charge, Organized Crime and Racketeering Section, 
Boston U.S. Dept. of Justice Field Office (Dec. 20, 2001).
    \750\ Financial Statement for Witness Program Participant John 
``Red'' Kelley (May 6, 1983) (Exhibit 764). This document was prepared 
by the U.S. Marshal's Service of the United States Department of 
Justice and sets forth what Kelley was receiving as a witness in the 
Witness Protection Program.
---------------------------------------------------------------------------
    In conclusion, Rico's interference with Rhode Island law 
enforcement interfered with the administration of justice and 
resulted in a considerable waste of government resources in 
opposing the appeals of guilty defendants. Furthermore, a 
convicted murderer was released from prison specifically 
because of the perjury committed by Red Kelley and encouraged 
by Special Agent Rico. The Rhode Island Supreme Court found 
that Rico did whatever it took to achieve the ends he desired, 
which included committing perjury and encouraging the state's 
main witness to commit perjury. This is just another 
unfortunate example of the FBI's interference with state law 
enforcement.

IV. The Use of James ``Whitey'' Bulger as An Informant Raised Questions 
 About Whether the FBI Used its Authority to Advance or Protect former 
          Massachusetts State Senate President William Bulger

    The revelation that the FBI had used James ``Whitey'' 
Bulger as an informant raised serious questions for the 
Committee regarding whether former Special Agent John Connnolly 
or others used the authority of the FBI to advance or protect 
James ``Whitey'' Bulger's brother former Massachusetts State 
Senate President William Bulger. Accordingly, the Committee 
sought to take testimony from William Bulger regarding his 
knowledge of the relationship between the FBI and his brother.
    On December 6, 2002, William Bulger appeared before the 
Committee and asserted his right under the Fifth Amendment to 
the Constitution not to be compelled to give testimony that may 
tend to incriminate him.\751\ In response to this assertion, 
the Committee voted 30-1 on April 9, 2003 to grant Bulger 
immunity. On Thursday, June 19, 2003, the Committee on 
Government Reform held a public hearing entitled ``The Next 
Step in the Investigation of the Use of Informants by the 
Department of Justice: The Testimony of William Bulger.'' 
Massachusetts Representatives William Delahunt and Marty Meehan 
attended the hearing as guests of the Committee.
---------------------------------------------------------------------------
    \751\ ``The Justice Department's Use of Informants in New 
England,'' Hearing Before the Comm. on Govt. Reform, 107th Cong. 406 
(Dec. 6, 2002).
---------------------------------------------------------------------------
    The Committee is concerned about the factual accuracy in 
two areas of William Bulger's testimony before the Committee. 
Specifically, William Bulger testified concerning the FBI's 
contacts with him regarding the whereabouts of his brother. 
William Bulger's testimony regarding contacts with the FBI 
\752\ appeared to conflict with information provided to the 
press and Committee investigators by former Special Agent John 
Gamel. A full discussion of that testimony is set forth below.
---------------------------------------------------------------------------
    \752\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 5, 76-77, 84-85, 
103 (June 19, 2003).
---------------------------------------------------------------------------
    Second, William Bulger testified that he had informed his 
lawyer about a telephone call from his brother shortly after 
his brother's flight and that his lawyer had informed law 
enforcement authorities. The Committee was unable to 
substantiate the communication by any lawyer retained by 
William Bulger. Three lawyers retained by William Bulger who 
are alive either were not told of the call at the time or if 
told, did not report it to law enforcement authorities. A 
fourth lawyer is deceased. A full discussion of this testimony 
is set forth below as well.

           A. WILLIAM BULGER'S TESTIMONY BEFORE THE COMMITTEE

    At the Committee hearing, Chairman Davis's first question 
was as follows:

        Did there come a time when you came to believe that the 
        FBI had protected your brother and that John Connolly 
        may have used his authority to protect you or advance 
        your political career? \753\
---------------------------------------------------------------------------
    \753\ Id. at 40.

William Bulger responded: ``I never asked [Connolly] to 
interfere in any such procedures. Never.'' When asked if he was 
aware that Connolly may have interfered whether he asked him to 
or not, William Bulger responded, ``No.'' \754\
---------------------------------------------------------------------------
    \754\ Id.
---------------------------------------------------------------------------
    When asked about the FBI's investigation and prosecution of 
former State Senate Majority Leader Joseph DiCarlo that 
resulted in William Bulger's rise to leadership in the 
Massachusetts State Senate,\755\ he denied any knowledge of it 
other than public reports and rumors, and he testified that he 
had ``no recollection of ever speaking of that matter with John 
Connolly.'' \756\
---------------------------------------------------------------------------
    \755\ J.M. Lawrence, Panel Wanted Info on Bulger-extort link, 
Boston Herald, Dec. 10, 2002.
    \756\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 41 (June 19, 
2003).
---------------------------------------------------------------------------
    The remaining questioning of William Bulger can be 
categorized into six topics:

        1. LThe FY82 Massachusetts state budget line item that, 
        if passed, would have forced five State Police Officers 
        into early retirement;
        2. LThe 1985 loan William Bulger received from his law 
        associate, Tom Finnerty, as part of Finnerty's 75 State 
        Street real estate venture;
        3. LThe circumstances surrounding Massachusetts State 
        Police Trooper Billy Johnson's encounter with James 
        ``Whitey'' Bulger at Boston's Logan International 
        Airport in 1987 and William Bulger's subsequent 
        involvement;
        4. LWilliam Bulger's relationship with former FBI 
        Special Agent and James ``Whitey'' Bulger's handler, 
        John Connolly;
        5. LWilliam Bulger's January 1995 telephone 
        conversation with James ``Whitey'' Bulger; and
        6. LThe FBI's contact with William Bulger and the 
        Bulger family concerning James ``Whitey'' Bulger's 
        whereabouts.

1. FY82 Massachusetts State Budget Line Item

    Prior to 1974, the Public Safety Division of the 
Massachusetts State Police had two detective bureaus: the 
uniformed branch and Civil Service.\757\ The difference between 
these bureaus was that the Civil Service Detectives were 
required to have previous law enforcement experience, pass a 
written exam, and were permitted to retire at age 65,\758\ 
whereas, the uniformed branch officers were required to retire 
at age 50.\759\ In 1974, the two branches were 
consolidated.\760\ A grandfather clause was created to ensure 
that the former Civil Service Detectives would not be forced to 
retire until the age of 65.\761\
---------------------------------------------------------------------------
    \757\ Frank Mahoney, Budget Item Threatens Crime Intelligence Unit, 
Boston Globe, July 10, 1981.
    \758\ Id.
    \759\ Id.
    \760\ Id.
    \761\ Id.
---------------------------------------------------------------------------
    In 1981, a line item was added to the FY82 Massachusetts 
state budget that, if passed, would have imposed mandatory 
retirement or a reduction in grade at the age of 50 for all 
state police, both detectives and the uniformed branch.\762\ No 
sponsor was attributed to the line item.\763\ At the time, 
there were five state police officers who would have been 
affected by the line item: Lt. Col. John R. O'Donovan, bureau 
commander Maj. John F. Regan, and Captains Peter Agnes, William 
Nally, and Robert Zoulas.\764\ In 1980, O'Donovan led the 
Lancaster Street garage investigation that targeted members of 
the Winter Hill Gang, including James ``Whitey'' Bulger.\765\ 
Regan served as District Attorney William Delahunt's chief 
detective.\766\ Agnes, Nally, and Zoulas were not involved in 
the Lancaster Street garage investigation.\767\ The line item 
was ultimately vetoed by the Governor.\768\
---------------------------------------------------------------------------
    \762\ Id.
    \763\ Id.
    \764\ Id.
    \765\ Interview with William Nally (July 22, 2003) (Exhibit 972).
    \766\ Id.
    \767\ Affidavit of William C. Nally (June 14, 2003) (Exhibit 972); 
Affidavit of Peter W. Agnes (June 14, 2003) (Exhibit 973); Interview 
with Robert Zoulas (July 22, 2003).
    \768\ Frank Mahoney, Budget Item Threatens Crime Intelligence Unit, 
Boston Globe, July 10, 1981.
---------------------------------------------------------------------------
    Committee Members questioned William Bulger on whether he 
used his power as the President of the Massachusetts State 
Senate to introduce the line item anonymously as a tool to 
penalize members of the state police who were investigating 
James ``Whitey'' Bulger. William Bulger testified that he did 
not recall the line item as part of the FY82 state budget and 
had no knowledge of its origins.\769\ William Bulger further 
testified that he never discussed the Lancaster Street garage 
investigation with anyone, including former FBI Special Agent 
John Connolly.\770\
---------------------------------------------------------------------------
    \769\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 47-48, 51-52, 108 
(June 19, 2003) (testimony of William Bulger).
    \770\ Id. at 47, 51.
---------------------------------------------------------------------------
    William Bulger entered affidavits from Nally and Agnes into 
the record.\771\ Both affidavits exerted that they did not 
investigate James ``Whitey'' Bulger as part of the Lancaster 
Street garage investigation.\772\ Nally's affidavit stated he 
knew ``of no facts which support the comparatively recent 
allegations that the budget item was payback for an 
investigation of `James ``Whitey'' Bulger . . . there was no 
payback message ever delivered to [him] by the Senate 
President.'' \773\ Agnes' affidavit stated that Agnes ``never 
believed William Bulger to be unfavorably disposed to [him].'' 
\774\
---------------------------------------------------------------------------
    \771\ Id. at 48.
    \772\ Affidavit of William C. Nally (June 14, 2003) (Exhibit 972); 
Affidavit of Peter W. Agnes (June 14, 2003) (Exhibit 973).
    \773\ Affidavit of William C. Nally (June 14, 2003) (Exhibit 972).
    \774\ Affidavit of Peter W. Agnes (June 14, 2003) (Exhibit 973).
---------------------------------------------------------------------------

2. 75 State Street Real Estate Venture

    According to William Bulger's testimony at the hearing, in 
1985, he received a $240,000 payment that he claimed was a loan 
against advanced fees, from his law associate, Tom 
Finnerty.\775\ The loan money came from the same account into 
which Finnerty deposited $500,000 he received from Boston real 
estate developer, Harold Brown.\776\ William Bulger testified 
that Brown later alleged that Finnerty extorted the $500,000 as 
part of the 75 State Street real estate venture.\777\ William 
Bulger subsequently returned the loan to Finnerty.\778\ The 75 
State Street project was investigated by the federal government 
and Massachusetts state government.\779\ All of the 
investigations concluded that there was no evidence of 
involvement by William Bulger in the 75 State Street 
project.\780\
---------------------------------------------------------------------------
    \775\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 67-68 (June 19, 
2003) (testimony of William Bulger).
    \776\ Id.
    \777\ Id. at 68.
    \778\ Id. at 68, 88-90, 93.
    \779\ See Statement of Attorney General Scott Harshbarger on the 
Investigation of the 75 State Street Project (Jan. 29, 1992)
    \780\ Id.
---------------------------------------------------------------------------
    FBI Special Agent John Morris was the Supervisor of the 
Public Corruption Crime Unit during the 75 State Street 
investigation.\781\ Morris formerly served as the Supervisor of 
the Boston Organized Crime Squad.\782\ In April 1998, Morris 
testified under oath to taking gifts and money from James 
``Whitey'' Bulger in 1982, 1984, and 1985.\783\ Former 
Assistant United States Attorney Jonathan Chiel testified at 
the trial of former FBI Special Agent John Connolly that 
Connolly sought to gain inside information about the 75 State 
Street investigation.\784\ The Committee Members voiced concern 
that Morris and Connolly's illegal relationship with James 
``Whitey'' Bulger may have resulted in the FBI and the U.S. 
Attorney's Office turning a blind eye to William Bulger's 
involvement in the 75 State Street project.\785\
---------------------------------------------------------------------------
    \781\ Dick Lehr, FBI Ties Renew Questions on 75 State Street 
Scandal, Boston Globe, June 14, 1998.
    \782\ Id.
    \783\ Id.
    \784\ J.M. Lawrence, Trial: Agent Meddled in 75 State St. Case, 
Boston Herald, May 21, 2002.
    \785\ See ``The Next Step in the Investigation of the Use of 
Informants by the Department of Justice: The Testimony of William 
Bulger,'' Hearing Before the Comm. on Govt. Reform, 108th Cong. 41-42, 
68, 98-101 (June 19, 2003).
---------------------------------------------------------------------------
    William Bulger testified that he and Finnerty were former 
law partners.\786\ William Bulger represented brothers, Bruce 
and Robert Quirk, who had a dispute about property with 
National Semiconductor.\787\ The case was ultimately settled 
and William Bulger was owed a $350,000 fee.\788\ Finnerty 
advanced William Bulger $240,000 of the $350,000, as the fee 
was late.\789\ When William Bulger discovered that the $240,000 
came from Brown, William Bulger returned the money to 
Finnerty.\790\ William Bulger testified that he knew Brown was 
in ``some kind of trouble.'' \791\ Therefore, William Bulger 
returned the money so that no one could misconstrue that a 
relationship existed between William Bulger and Brown.\792\ 
After the money was returned, Finnerty brought suit against 
Brown.\793\ In his defense, Brown alleged that Finnerty 
extorted $500,000.\794\
---------------------------------------------------------------------------
    \786\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 67, 88 (June 19, 
2003) (testimony of William Bulger).
    \787\ Id. at 67.
    \788\ Id.
    \789\ Id. at 67-68, 89, 90.
    \790\ Id. at 68, 88-89, 93.
    \791\ Id. at 68.
    \792\ Id.
    \793\ Id.
    \794\ Id.
---------------------------------------------------------------------------
    William Bulger testified that he did not recall ever 
meeting Morris or discussing 75 State Street with 
Connolly.\795\ William Bulger entered an affidavit from Brown 
into the Committee record.\796\ In the affidavit, Brown stated 
that William Bulger had ``zero'' involvement in the 75 State 
Street project.\797\
---------------------------------------------------------------------------
    \795\ Id. at 41-42, 64, 68, 87, 100.
    \796\ Id. at 42.
    \797\ Affidavit of Harold Brown (June 16, 2003) (Exhibit 974).
---------------------------------------------------------------------------

3. Massachusetts State Police Trooper Billy Johnson's Encounter with 
        James ``Whitey'' Bulger at Logan Airport

    On September 8, 1987, James ``Whitey'' Bulger and his 
girlfriend, Teresa Stanley, were scheduled to fly from Boston 
to Montreal.\798\ Screeners at Logan International Airport 
identified two bricks of $100 bills in James ``Whitey'' 
Bulger's carry on baggage.\799\ It has been reported that the 
bag contained at least $50,000 in cash.\800\ James ``Whitey'' 
Bulger refused to have the bag searched and gave the bag to 
Kevin Weeks.\801\ Massachusetts State Police Trooper Billy 
Johnson arrived after Weeks fled the airport with the bag.\802\ 
Johnson confiscated $9,923 from Stanley and released the 
couple.\803\
---------------------------------------------------------------------------
    \798\ Peter Gelzinis, Kin Await Vindication for Trooper who Crossed 
James ``Whitey'' Bulger, Boston Herald, June 19, 2003.
    \799\ Id.
    \800\ Peter Gelzinis, James ``Whitey'' Bulger Leaves Surrogate Son 
Out of the $ $ $, Boston Herald, Dec. 14, 1999.
    \801\ Peter Gelzinis, Kin Await Vindication for Trooper who Crossed 
James ``Whitey'' Bulger, Boston Herald, June 19, 2003.
    \802\ Id.
    \803\ Id.
---------------------------------------------------------------------------
    After his encounter with James ``Whitey'' Bulger, Johnson 
wrote an incident report.\804\ Johnson later claimed that David 
Davis, the Executive Director of the Massachusetts Port 
Authority, requested a copy of the report on behalf of William 
Bulger.\805\ Johnson, a decorated officer, was later 
demoted.\806\ After an early retirement, Johnson committed 
suicide in 1998.\807\
---------------------------------------------------------------------------
    \804\ Id.
    \805\ Id.
    \806\ Id.
    \807\ Id.
---------------------------------------------------------------------------
    The Committee Members' questions regarding Trooper Johnson 
again focused on the concern that William Bulger used his 
position as the President of the Massachusetts State Senate to 
penalize a law enforcement officer who may have investigated 
James ``Whitey'' Bulger.\808\ William Bulger testified that his 
relationship with Davis was business in nature.\809\ William 
Bulger further stated that he never spoke to Davis regarding 
the incident or the incident report or sought sanctions against 
Johnson.\810\ William Bulger did not learn of the incident 
involving James ``Whitey'' Bulger and Johnson at Logan Airport 
until it was reported in the newspapers.\811\ William Bulger 
testified that he never saw Johnson's incident report.\812\
---------------------------------------------------------------------------
    \808\ See ``The Next Step in the Investigation of the Use of 
Informants by the Department of Justice: The Testimony of William 
Bulger,'' Hearing Before the Comm. on Govt. Reform, 108th Cong. 45, 47, 
56, 114 (June 19, 2003).
    \809\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 47 (June 19, 
2003) (testimony of William Bulger).
    \810\ Id. at 45, 47, 56.
    \811\ Id. at 45.
    \812\ Id. at 108.
---------------------------------------------------------------------------
    William Bulger introduced an affidavit from Davis into the 
Committee record.\813\ The affidavit stated that at no time did 
William Bulger, or anyone acting on William Bulger's behalf, 
contact Davis regarding the Johnson incident.\814\ In addition, 
Davis never provided a copy of Johnson's report to William 
Bulger.\815\ The affidavit further stated that no form of 
sanction was imposed on Johnson regarding the incident with 
James ``Whitey'' Bulger.\816\
---------------------------------------------------------------------------
    \813\ Id. at 45.
    \814\ Affidavit of David Davis (June 16, 2003) (Exhibit 975).
    \815\ Id.
    \816\ Id.
---------------------------------------------------------------------------

4. William Bulger's Relationship with Former FBI Special Agent and 
        James ``Whitey'' Bulger's Handler, John Connolly

    According to William Bulger's testimony, he and James 
``Whitey'' Bulger grew up in the same South Boston neighborhood 
as former FBI Special Agent John Connolly.\817\ As an adult, 
Connolly worked on William Bulger's district campaigns.\818\ In 
1975, Connolly recruited James ``Whitey'' Bulger as an FBI 
informant.\819\ Connolly served as James ``Whitey'' Bulger's 
FBI handler until 1990, when Connolly retired from the 
FBI.\820\ Connolly was subsequently hired as the head of 
security for Boston Edison Company.\821\ After six years, 
Connolly took a position as a lobbyist for Boston Edison's 
government affairs position.\822\
---------------------------------------------------------------------------
    \817\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 54 (June 19, 
2003) (testimony of William Bulger).
    \818\ Id. at 54, 64.
    \819\ Ralph Ranalli & Patrick Healy, Hitman: Connolly Aided Bulger 
as Favor to Brother, Boston Globe, May 14, 2002.
    \820\ Id.
    \821\ Jonathan Wells, James ``Whitey'' Bulger's Ex-FBI Pal Leaves 
Job at Nstar, Boston Herald, Mar. 1, 2001.
    \822\ Id.
---------------------------------------------------------------------------
    On December 23, 1999, Connolly was indicted on charges of 
racketeering, racketeering conspiracy, conspiracy to obstruct 
justice, and obstruction of justice.\823\ Connolly was accused 
of tipping off James ``Whitey'' Bulger, Stephen ``the 
Rifleman'' Flemmi, and Francis ``Cadillac Frank'' Salemme that 
they would be indicted on racketeering charges in January 
1995.\824\ Additionally, Connolly was accused of informing 
James ``Whitey'' Bulger and Flemmi of ongoing FBI 
investigations and failing to report James ``Whitey'' Bulger 
and Flemmi's participation in extortion, loansharking and 
gambling to FBI superiors.\825\ Connolly pled innocent to the 
charges.\826\ On May 28, 2002, Connolly was found guilty of 
obstructing justice, racketeering, and making a false 
statement.\827\ Connolly was sentenced to ten years and one 
month in prison.\828\
---------------------------------------------------------------------------
    \823\ Andrea Estes & Jack Sullivan, Ex-agent Busted--Former FBI man 
Connolly Indicted for Racketeering, Boston Herald, Dec. 23, 1999.
    \824\ Id.
    \825\ Id.
    \826\ Id.
    \827\ Jose Martinez, G-man's Ties to Bulger Began on Southie 
Streets, Boston Herald, May 29, 2002.
    \828\ Ralph Ranalli, Sentence for Connolly Outstrips Others, Boston 
Globe, Sept. 17, 2002.
---------------------------------------------------------------------------
    Press reports have alleged that William Bulger used his 
political position, as well as his relationship with Connolly, 
to protect James ``Whitey'' Bulger from prosecution. At 
Connolly's trial, former mob hitman, John Martorano, testified 
that William Bulger asked Connolly to keep James ``Whitey'' 
Bulger out of trouble.\829\ William Bulger testified that 
Connolly periodically stopped by his office with new FBI Agents 
assigned to Boston.\830\ In addition, Connolly occasionally met 
James ``Whitey'' Bulger and Flemmi at the home of Flemmi's 
mother.\831\ Mrs. Flemmi lived next door to William 
Bulger.\832\ James Ring, former Supervisor for the Organized 
Crime Squad, testified that William Bulger walked in on a 
dinner at Mrs. Flemmi's house.\833\ The dinner was attended by 
Ring, Connolly, James ``Whitey'' Bulger, and Flemmi.\834\
---------------------------------------------------------------------------
    \829\ Ralph Ranalli & Patrick Healy, Hitman: Connolly Aided Bulger 
as Favor to Brother, Boston Globe, May 14, 2002.
    \830\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 64, 72, 90, 97 
(June 19, 2003) (testimony of William Bulger).
    \831\ Dick Lehr, FBI Ties Renew Questions on 75 State Street 
Scandal, Boston Globe, June 14, 1998.
    \832\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger.'' 
Hearing before the Comm. on Govt. Reform, 108th Cong. 112 (2003) 
(testimony of William Bulger).
    \833\ Dick Lehr, FBI Ties Renew Questions on 75 State Street 
Scandal, Boston Globe, June 14, 1998.
    \834\ Id.
---------------------------------------------------------------------------
    William Bulger testified that he and Connolly were not 
close friends growing up, due to the seven-year age 
difference.\835\ The two men were closer friends as 
adults.\836\ Although he recalled that Connolly brought FBI 
agents who were new to Boston to the State House, William 
Bulger did not consider Connolly to be a frequent visitor or 
telephone caller to his office.\837\
---------------------------------------------------------------------------
    \835\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 54 (2003) 
(testimony of William Bulger).
    \836\ Id. at 94.
    \837\ Id. at 72, 90, 97.
---------------------------------------------------------------------------
    William Bulger testified that he first learned that James 
``Whitey'' Bulger might be an FBI informant from a Boston Globe 
article.\838\ William Bulger stated that he never discussed 
James ``Whitey'' Bulger's possible role as an FBI informant or 
involvement in illegal activities with Connolly.\839\ In 
addition, William Bulger never witnessed Connolly in the 
presence of James ``Whitey'' Bulger or Flemmi.\840\ William 
Bulger denied ever being present at a dinner at Mrs. Flemmi's 
house at which James ``Whitey'' Bulger, Flemmi, Connolly, or 
any other FBI agents were in attendance.\841\
---------------------------------------------------------------------------
    \838\ Id. at 66, 73, 104-105.
    \839\ Id. at 55, 72-73, 91-92, 105.
    \840\ Id. at 66, 96, 109.
    \841\ Id. at 66, 96.
---------------------------------------------------------------------------
    William Bulger denied asking Connolly or any law 
enforcement officer to use his or her position within law 
enforcement to keep James ``Whitey'' Bulger out of 
trouble.\842\ William Bulger testified that the only discussion 
he had with Connolly regarding James ``Whitey'' Bulger occurred 
after reading a newspaper article that alleged James ``Whitey'' 
Bulger was involved with drugs.\843\ William Bulger asked 
Connolly if he could find out if the report was valid.\844\ 
According to William Bulger, Connolly informed William Bulger 
that the allegations were not true.\845\
---------------------------------------------------------------------------
    \842\ Id. at 55, 57, 106-107.
    \843\ Id. at 91.
    \844\ Id.
    \845\ Id.
---------------------------------------------------------------------------
    William Bulger testified that he believed he sent a letter 
of recommendation on Connolly's behalf to Harvard's Kennedy 
School of Government.\846\ Connolly was accepted by the Kennedy 
School and earned a master's degree in Public 
Administration.\847\ William Bulger denied providing any 
assistance in securing Connolly a position outside the FBI, 
including at Boston Edison.\848\ William Bulger submitted an 
affidavit signed by Carl Gustin, former Senior Vice President 
of Boston Edison, into the Committee record.\849\ According to 
the affidavit, Gustin was responsible for hiring Connolly as a 
lobbyist for Boston Edison.\850\ Gustin's affidavit further 
stated that Connolly was hired based upon his merits and that 
no external influences caused him to hire Connolly.\851\
---------------------------------------------------------------------------
    \846\ Id. at 64.
    \847\ Affidavit of Carl Gustin (June 12, 2003) (Exhibit 976).
    \848\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 64, 66, 70-71, 
87-88 (June 19, 2003) (testimony of William Bulger).
    \849\ Id. at 64.
    \850\ Affidavit of Carl Gustin (June 12, 2003) (Exhibit 976).
    \851\ Id.
---------------------------------------------------------------------------

5. William Bulger's January 1995 Telephone Conversation with James 
        ``Whitey'' Bulger

    James ``Whitey'' Bulger fled his January 10, 1995 
indictments.\852\ William Bulger has admitted to speaking with 
James ``Whitey'' Bulger on the telephone in January 1995 after 
he fled.\853\ William Bulger took the telephone call from James 
``Whitey'' Bulger at the home of Edward Phillips, who worked 
for William Bulger.\854\ William Bulger did not personally 
notify authorities of the telephone call.\855\ The phone call 
did not become public until William Bulger's grand jury 
testimony was leaked to the media.\856\
---------------------------------------------------------------------------
    \852\ Ralph Ranalli & Patrick Healy, Hitman: Connolly Aided Bulger 
as Favor to Brother, Boston Globe, May 14, 2002.
    \853\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 33, 58-59, 74, 
79, 82-84, 88, 93-95 (June 19, 2003) (testimony of William Bulger).
    \854\ Id. at 83-84, 88.
    \855\ Id. at 58-59, 83,
    \856\ Id. at 33.
---------------------------------------------------------------------------
    Committee Members expressed concern over William Bulger's 
decision to keep the telephone call with James ``Whitey'' 
Bulger a secret from law enforcement officials.\857\ William 
Bulger stated that his telephone call with James ``Whitey'' 
Bulger was ``brief'' and lasted approximately three to four 
minutes.\858\ William Bulger testified that James ``Whitey'' 
Bulger told him not to believe everything that was being said 
about him.\859\ In addition, the two brothers did not discuss 
whether James ``Whitey'' Bulger should turn himself in and 
William Bulger did not recommend that James ``Whitey'' Bulger 
stay at-large.\860\
---------------------------------------------------------------------------
    \857\ See ``The Next Step in the Investigation of the Use of 
Informants by the Department of Justice: The Testimony of William 
Bulger,'' Hearing Before the Comm. on Govt. Reform, 108th Cong. 59, 83 
(June 19, 2003).
    \858\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 33, 58, 79 (June 
19, 2003) (testimony of William Bulger).
    \859\ Id. at 58.
    \860\ Id. at 33, 58, 79.
---------------------------------------------------------------------------
    William Bulger testified that he ``informed [his] attorney 
just about immediately'' after the telephone call and ``he 
[William Bulger's attorney], in turn, told the officials.'' 
\861\ William Bulger testified to his belief that Massachusetts 
statute Chapter 274, Section 4 protected his sibling 
relationship with James ``Whitey'' Bulger and did not require 
William Bulger to personally notify law enforcement officials 
of the telephone call.\862\ Furthermore, William Bulger denied 
taking the telephone call at Phillips' home as a way to avoid 
telephone taps that may have been placed on William Bulger's 
home telephone.\863\
---------------------------------------------------------------------------
    \861\ Id. at 83.
    \862\ Id. at 59.
    \863\ Id. at 58, 74, 88, 104.
---------------------------------------------------------------------------
    After the conclusion of the hearing, William Bulger 
provided the Committee with a personal affidavit.\864\ In the 
affidavit, William Bulger stated that he informed four 
attorneys of his telephone conversation with James ``Whitey'' 
Bulger: Robert Popeo, Thomas Finnerty, Thomas Kiley, and 
William Homans, who is now deceased.\865\ William Bulger 
further stated that the attorney to whom he referred during his 
testimony before the Committee was Popeo.\866\
---------------------------------------------------------------------------
    \864\ Affidavit of William M. Bulger (July 22, 2003) (Exhibit 977).
    \865\ Id.
    \866\ Id.
---------------------------------------------------------------------------
    Affidavits from Popeo, Finnerty, and Kiley were also 
provided to the Committee. Popeo stated that he did discuss the 
telephone call from James ``Whitey'' Bulger with William 
Bulger.\867\ However, Popeo stated that he was not the attorney 
who contacted the United States Attorney's office regarding the 
telephone call between William Bulger and James ``Whitey'' 
Bulger.\868\ Finnerty's affidavit stated that he was ``told 
virtually immediately about the call.'' \869\ Kiley's affidavit 
was silent as to William Bulger's communication with him about 
telephone call with James ``Whitey'' Bulger shortly after the 
call.\870\
---------------------------------------------------------------------------
    \867\ Affidavit of R. Robert Popeo (July 17, 2003) (Exhibit 978).
    \868\ Id.
    \869\ Affidavit of Thomas E. Finnerty (July 18, 2003) (Exhibit 
979).
    \870\ Affidavit of Thomas R. Kiley (July 18, 2003) (Exhibit 980).
---------------------------------------------------------------------------

6. FBI Contact with William Bulger and the Bulger Family Concerning 
        James ``Whitey'' Bulger's Whereabouts

    Committee members were interested as to whether the FBI 
used William Bulger as a source in locating James ``Whitey'' 
Bulger, after he fled his January 1995 indictments.\871\ After 
establishing that James ``Whitey'' Bulger fled in 1995, Mr. 
Delahunt asked:
---------------------------------------------------------------------------
    \871\ See ``The Next Step in the Investigation of the Use of 
Informants by the Department of Justice: The Testimony of William 
Bulger,'' Hearing Before the Comm. on Govt. Reform, 108th Cong. 5, 76-
77, 84-85, 103 (June 19, 2003).

        So 8 years later the FBI gets around to inquiring of 
        you and your wife, in your case some 6 years as to the 
---------------------------------------------------------------------------
        whereabouts of your brother?

William Bulger responded: ``That is the first direct effort, 
yes.'' \872\ Mr. Shays questioned William Bulger as to whether 
the FBI or other law enforcement officers came to his home or 
office.\873\
---------------------------------------------------------------------------
    \872\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 77 (June 19, 
2003) (testimony of William Bulger).
    \873\ Id. at 84-85.

        Rep. Shays: . . . I am asking whether you gave a signal 
        to the FBI that you did not want to answer their 
        questions, and that they should not ask you and that 
---------------------------------------------------------------------------
        they should leave.

        Mr. Bulger: I don't recall meeting the FBI. I really 
        don't recall it.

        Rep. Shays: Did the FBI ever come to your home?

        Mr. Bulger: I am told that they did, but I do not 
        recall it.

        Rep. Shays: Did the FBI ever come to your offices?

        Mr. Bulger: No, I don't think so.

        Rep. Shays: Did any other law enforcement people come 
        to your home?

        Mr. Bulger: I don't think so.

        Rep. Shays: Did any law enforcement people come to your 
        offices to ask you questions?

        Mr. Bulger: I don't believe so.\874\
---------------------------------------------------------------------------
    \874\ Id.

William Bulger testified that the first time he was asked of 
his telephone call with James ``Whitey'' Bulger was during his 
grand jury testimony in 2001.\875\
---------------------------------------------------------------------------
    \875\ Id. at 84.
---------------------------------------------------------------------------
    William Bulger testified that a week before the Committee 
hearing, two FBI agents, James Stover and J. Michael Doyle, 
came to his home.\876\ The two agents talked to William 
Bulger's daughter.\877\ William Bulger submitted his daughter's 
written account of her conversation with the agents into the 
Committee record.\878\ This encounter, on June 10, 2003, was 
the first time William Bulger could recall the FBI visiting his 
home.\879\
---------------------------------------------------------------------------
    \876\ Id. at 60-61.
    \877\ Id.
    \878\ Id. at 61-63.
    \879\ Id. at 76-77.
---------------------------------------------------------------------------
    On June 28, 2003, an article entitled ``Retired FBI Agent 
Contradicts Bulger'' appeared in the Boston Globe.\880\ In the 
article, former FBI Special Agent John Gamel stated that he 
spoke to William Bulger regarding his brother James ``Whitey'' 
Bulger on January 9, 1995.\881\ Gamel stated he paid an 
unannounced visit to the state house to speak with William 
Bulger, who was unavailable.\882\ Later, Gamel and William 
Bulger spoke briefly on the telephone.\883\
---------------------------------------------------------------------------
    \880\ Shelley Murphy, Retired FBI Agent Contradicts Bulger, Boston 
Globe, June 28, 2003.
    \881\ Id.
    \882\ Id.
    \883\ Id.
---------------------------------------------------------------------------
    In William Bulger's affidavit submitted after the Committee 
hearing, he further addressed his testimony as to whether the 
FBI contacted him after James ``Whitey'' Bulger 
disappeared.\884\ William Bulger stated that his former 
attorney, Popeo, confirmed a January 9, 1995 conversation 
between the two regarding Gamel's visit to the state 
house.\885\ Popeo's affidavit submitted after the Committee 
hearing, also confirmed that he and William Bulger discussed 
William Bulger's conversation with Gamel.\886\
---------------------------------------------------------------------------
    \884\ Affidavit of William M. Bulger (July 22, 2003) (Exhibit 977).
    \885\ Id.
    \886\ Affidavit of R. Robert Popeo (July 17, 2003) (Exhibit 978).
---------------------------------------------------------------------------

       B. SUBSEQUENT INVESTIGATION OF WILLIAM BULGER'S TESTIMONY

    Following the testimony received from William Bulger at the 
June 19, 2003 Committee hearing entitled ``The Next Step in the 
Investigation of the Use of Informants by the Department of 
Justice: The Testimony of William Bulger,'' Committee staff 
members traveled to Boston, Massachusetts to substantiate the 
information and affidavits that were submitted by William 
Bulger during the Committee's hearing. Committee staff 
interviewed the following individuals:

        (1) LJohn Gamel, retired FBI Special Agent and case 
        agent for James ``Whitey'' Bulger;
        (2) LCarl Gustin, former Senior Vice President for 
        Boston Edison;
        (3) LCaptain William Nally, retired Massachusetts State 
        Police; and
        (4) LCaptain Robert Zoulas, retired Massachusetts State 
        Police.

The Committee also contacted Massachusetts State Police Lt. 
Col. John O'Donovan, and Lt. Col. Peter Agnes.

1. Interview of John Gamel

    When asked at the Committee's hearing whether he had been 
``interviewed'' by the FBI prior to 2001 regarding the 
whereabouts of his brother, William Bulger testified: ``I don't 
believe I was.'' and ``I don't think I was.'' \887\ Later in 
the same questioning, after establishing that James ``Whitey'' 
Bulger fled in 1995, Mr. Delahunt asked:
---------------------------------------------------------------------------
    \887\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 76 (June 19, 
2003) (statement of William Bulger).

        So 8 years later the FBI gets around to inquiring of 
        you and your wife, in your case some 6 years as to the 
---------------------------------------------------------------------------
        whereabouts of your brother?

Bulger responded: ``That is the first direct effort, yes.'' 
\888\ Similarly, when Mr. Shays asked whether the FBI had ever 
come to his office, he responded ``No. I don't think so.'' 
\889\ These answers certainly had the potential for leading the 
Committee to conclude wrongly that the FBI had never contacted 
William Bulger in its effort to find James ``Whitey'' Bulger. 
Several days later, Special Agent John Gamel, a retired FBI 
case agent who was assigned to investigate James ``Whitey'' 
Bulger from 1990 to 1995 appeared to contradict this testimony 
in an interview with the press.\890\
---------------------------------------------------------------------------
    \888\ Id. at 77.
    \889\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 84 (June 19, 
2003) (statement of William Bulger).
    \890\ Shelley Murphy, Retired FBI Agent Contradicts Bulger, Boston 
Globe, June 28, 2003.
---------------------------------------------------------------------------
    On July 21, 2003, Committee staff interviewed Special Agent 
Gamel about his contacts with William Bulger, and other Bulger 
family members. Assistant U.S. Attorney Joshua Levy was also 
present to monitor the interview on behalf of the Department of 
Justice. Gamel recalled the case started in July 1990, when Tim 
Connelly was referred to the FBI by Tom Riley, a private 
attorney.\891\ Connelly was a mortgage broker who prepared 
fraudulent mortgage schemes for associates of James ``Whitey'' 
Bulger.\892\ Connelly informed the FBI that James ``Whitey'' 
Bulger had personally extorted $50,000 from him and that he had 
been ``shook down'' in the backroom of a liquor store with a 
knife to his chest.\893\
---------------------------------------------------------------------------
    \891\ Interview with John Gamel, retired FBI Special Agent (July 
21, 2003).
    \892\ Id.
    \893\ Id.
---------------------------------------------------------------------------
    At that time, Gamel was working for Richard Watson, head of 
FBI's Counter-Terrorism Unit in Boston.\894\ According to 
Gamel, he was assigned to the case because Watson knew James 
``Whitey'' Bulger was an FBI informant and wanted to isolate 
the case from James ``Whitey'' Bulger's involvement with the 
Organized Crime Squad.\895\ In March 1992, Gamel was 
transferred to the Organized Crime Squad where he continued as 
the case agent for the James ``Whitey'' Bulger 
investigation.\896\ After James ``Whitey'' Bulger was indicted 
on January 5, 1995 and became a fugitive, the case was 
transferred from the Organized Crime Unit to the Fugitive 
Squad.\897\
---------------------------------------------------------------------------
    \894\ Id.
    \895\ Id.
    \896\ Id.
    \897\ Id.
---------------------------------------------------------------------------
    According to Gamel, on January 9, 1995, Gamel and Special 
Agent Joseph Hanigan went to the Massachusetts State House to 
speak with Senate President William Bulger regarding the 
whereabouts of his brother.\898\ Gamel said the receptionist at 
the Senate President's Office told them that William Bulger was 
unavailable, and after a short wait, they provided their 
business cards and left.\899\ Later that day, William Bulger 
called Gamel and they spoke for about forty-five seconds where 
he denied any recent contact with his brother.\900\ According 
to Gamel's interview report, William Bulger also stated that he 
``. . . did not wish to be interviewed by the FBI, nor answer 
any questions posed to him by the interviewing Agent.'' \901\
---------------------------------------------------------------------------
    \898\ Id.
    \899\ Id.
    \900\ Id.
    \901\ Special Agent John Gamel, Interview Report, FBI Form 302 
(Jan. 9, 1995) (Exhibit 981).
---------------------------------------------------------------------------
    In the summer of 1995, Assistant U.S. Attorney Richard 
Hoffman seized lottery winnings of James ``Whitey'' Bulger, 
valued at about $119,000 a year.\902\ James ``Whitey'' Bulger's 
siblings filed a case with the Norfolk Probate Court to protect 
these lottery winnings.\903\ As a result of the seizure and 
subsequent lawsuit, Gamel and Special Agent Walter Seffens 
attempted to contact all the Bulger siblings regarding the 
whereabouts of James ``Whitey'' Bulger.\904\ Gamel and Seffens 
were only able to speak with John Bulger and Jean Bulger 
Holland.\905\ John Bulger and Holland were informed of the 
Harboring Act.\906\
---------------------------------------------------------------------------
    \902\ Interview with John Gamel, retired FBI Special Agent (July 
21, 2003).
    \903\ Id.
    \904\ Id.
    \905\ Id.
    \906\ Id.
---------------------------------------------------------------------------
    In response to questions, Gamel said the FBI had given him 
``carte blanche'' to conduct his investigation and denied that 
anyone tried to hinder his efforts in locating James ``Whitey'' 
Bulger.\907\ Gamel explained that he made a professional 
decision not to follow up on his efforts in reaching William 
Bulger because, in his experience, a family member would either 
immediately give up or never give up a fugitive.\908\ Gamel 
stated that he was unaware of the January 1995 phone call 
between William Bulger and James ``Whitey'' Bulger until it 
became public knowledge.\909\
---------------------------------------------------------------------------
    \907\ Id.
    \908\ Id.
    \909\ Id.
---------------------------------------------------------------------------
    In January 1996, Gamel became the supervisor for the 
Organized Crime Unit and stopped being a case agent in the 
James ``Whitey'' Bulger investigation.\910\ Subsequently, the 
investigation was worked on by Special Agents Jan Galbreath, 
Robert Walther, and Charles Gianturco.\911\
---------------------------------------------------------------------------
    \910\ Id.
    \911\ Id.
---------------------------------------------------------------------------
    William Bulger's lawyer, Tom Kiley, sought to respond to 
the apparent inconsistency between William Bulger's testimony 
and Gamel's statements that the FBI had tried to talk to him 
about his brother on January 9, 1995. In an affidavit submitted 
to the Committee, he notes that Gamel's contact could not have 
been in furtherance of the fugitive investigation after the 
January 10, 1995 indictment but was a contact in furtherance of 
executing arrest warrants under the January 4, 1995 conspiracy 
complaint.\912\ He asserts that he reviewed the criminal 
docket, recites the docket entries, notes that Judge Wolf wrote 
that the FBI opened a fugitive investigation of James 
``Whitey'' Bulger after the January 10, 1995 indictment, and 
concludes that ``When Agent Gamel and President Bulger spoke on 
January 9, 1995 (according to The Boston Globe reports quoting 
Gamel) the Agent had to have the same purpose, as the complaint 
was sealed and the superceding [sic] indictment had not yet 
been returned.'' \913\
---------------------------------------------------------------------------
    \912\ Affidavit of Thomas R. Kiley (July 18, 2003) (Exhibit 980).
    \913\ Id.
---------------------------------------------------------------------------
    Even if it is true that a fugitive investigation had not 
been opened, there is no evidence that William Bulger actually 
knew the information that Kiley researched or that he actually 
used that information in the course of his testimony to 
distinguish between the types of contacts. Indeed, Agent 
Gamel's interview report expressly states that William Bulger 
was expressly informed of the existence of a fugitive 
investigation: ``Gamel advised [William Bulger] that his 
brother was the subject of a Federal fugitive investigation 
that would not end until he was captured.'' \914\
---------------------------------------------------------------------------
    \914\ Special Agent John Gamel, Interview Report, FBI Form 302 
(Jan. 9, 1995) (emphasis supplied) (Exhibit 981).
---------------------------------------------------------------------------

2. Interview of Carl Gustin

    During the Committee hearing, William Bulger responded 
``No,'' when asked whether he helped former FBI Special Agent 
John Connolly get a job at Boston Edison.\915\ William Bulger 
also submitted an affidavit signed by Carl Gustin, former 
Senior Vice President of Boston Edison, who hired Connolly as a 
lobbyist in 1995, from his position as head of security.\916\ 
Gustin's affidavit stated that the rumors that former Senate 
President William Bulger got Connolly his job at Boston Edison 
were false and ``When I tapped John Connolly for the government 
affairs position, there was no intercession from William Bulger 
or anyone in his office.'' \917\
---------------------------------------------------------------------------
    \915\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 64, 66, 88 (June 
19, 2003) (statement of William Bulger).
    \916\ Id. at 64.
    \917\ Affidavit of Carl Gustin (June 12, 2003) (Exhibit 976).
---------------------------------------------------------------------------
    On July 21, 2003, Committee staff interviewed Gustin to 
determine the circumstance surround the hiring of Connolly at 
Boston Edison. Gustin stated that he did not know Connolly 
before he was hired as the head of security and did not play a 
role in his initial hiring in 1990.\918\ Gustin said that John 
Higgins, Vice President for Human Resources, hired Connolly 
based upon a strong recommendation from Jack Keough, who was 
the outgoing head of security at Boston Edison.\919\ Gustin 
understood that Keough had a prior relationship with Connolly 
and was familiar with his qualifications.\920\ As head of 
security, Connolly's responsibilities included working with 
local public safety officials and protecting Boston Edison's 
facilities and the safety of its 4,000 employees.\921\
---------------------------------------------------------------------------
    \918\ Interview with Carl Gustin, former Senior Vice President of 
Boston Edison (July 21, 2003).
    \919\ Id.
    \920\ Id.
    \921\ Id.
---------------------------------------------------------------------------
    As part of a corporate restructuring in 1995, Gustin hired 
Connolly as a lobbyist for Boston Edison's Government Affairs 
Division.\922\ Gustin asserted that he received no outside 
influence about hiring Connolly for the lobbyist position.\923\ 
The policy then was to fill the position internally due to the 
extensive layoffs and downsizing of personnel.\924\ Gustin said 
he discussed Connolly's qualifications with Higgins.\925\ 
Gustin hired Connolly because he was the internal candidate 
with the most experience and maturity.\926\ Connolly had a 
Masters in Public Administration from Harvard and was a highly 
decorated FBI agent.\927\ In addition, Connolly was well known 
in Boston and had extensive contacts in the city and State 
legislature.\928\ Gustin said he initiated the contact with 
Connolly about the position, he did not recall Connolly 
applying for the position.\929\ Gustin believed Connolly was 
hired based on his merits and that no one had exerted external 
influences on him to hire Connolly.\930\ Gustin added that the 
hiring was considered a lateral transfer and may have included 
a slight increase in salary.\931\ Connolly managed a staff of 
five to six people who were assigned to oversee community 
relations at various towns around Boston.\932\
---------------------------------------------------------------------------
    \922\ Id.
    \923\ Id.
    \924\ Id.
    \925\ Id.
    \926\ Id.
    \927\ Id.
    \928\ Id.
    \929\ Id.
    \930\ Id.
    \931\ Id.
    \932\ Id.
---------------------------------------------------------------------------
    According to Gustin, he met with Connolly about every two 
weeks to discuss ongoing projects.\933\ Gustin was aware that 
Connolly and William Bulger were friends and speculated that 
they would have shared information about activities at the 
State Senate.\934\ Gustin recalled that Connolly and William 
Bulger had a professional interaction during the electric 
utility restructuring.\935\ In particular, Gustin remembered 
that Boston Edison was receiving environmental pressures about 
power plant emissions in South Boston.\936\ Gustin said that 
Connolly participated in the efforts between Boston Edison and 
William Bulger in seeking a modification of an environmental 
order from EPA.\937\
---------------------------------------------------------------------------
    \933\ Id.
    \934\ Id.
    \935\ Id.
    \936\ Id.
    \937\ Id.
---------------------------------------------------------------------------
    Gustin never heard Connolly talk about James ``Whitey'' 
Bulger prior to the public disclosure of their 
relationship.\938\ Gustin recalled that he had to field 
numerous press inquires before Connolly's indictment.\939\ 
Although Connolly professed his innocence, he was forced to 
take a leave of absence.\940\ Gustin was unsure if Connolly was 
ultimately fired or retired.\941\ Gustin left Boston Edison at 
the end of 2000.\942\
---------------------------------------------------------------------------
    \938\ Id.
    \939\ Id.
    \940\ Id.
    \941\ Id.
    \942\ Id.
---------------------------------------------------------------------------
    According to Gustin, he spoke with Higgins after 
allegations began to surface that William Bulger interceded in 
Connolly's hiring at Boston Edison.\943\ Higgins told Gustin 
that William Bulger had nothing to do with Connolly being 
hired.\944\ According to Higgins, Connolly had numerous job 
opportunities after retiring from the FBI.\945\ Higgins said he 
respected Keough's judgment and seriously considered his 
recommendation in hiring Connolly.\946\ Finally, Gustin said he 
did not recall ever asking Jack Keough about the relationship 
between John Connolly and William Bulger.\947\
---------------------------------------------------------------------------
    \943\ Id.
    \944\ Id.
    \945\ Id.
    \946\ Id.
    \947\ Id.
---------------------------------------------------------------------------

3. Interview of William Nally

    During the Committee hearing, in response to questions 
regarding the introduction of FY82 Massachusetts State budget 
line item that, if passed, would have caused the early 
retirement or demotion of five Massachusetts State Police 
officers, William Bulger testified: ``I have never sought to 
punish anyone who was in law enforcement and was in pursuit of 
my brother.'' \948\ One of the five officers had participated 
in the Lancaster Street Garage investigation involving James 
``Whitey'' Bulger and other leaders of the Boston mob.\949\ 
William Bulger submitted an affidavit signed by retired 
Massachusetts State Police Major William Nally.\950\ Nally, who 
was a Captain in 1981, would have been affected by the state 
budget line item.\951\ Nally's affidavit stated that he played 
no role in the Lancaster Street garage matter and stated, ``I 
know of no facts which support the comparatively recent 
allegations that the budget item was payback for an 
investigation of `Whitey' Bulger.'' \952\
---------------------------------------------------------------------------
    \948\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 52 (June 19, 
2003) (testimony of William Bulger).
    \949\ Fox Butterfield, Subpoena for UMass Leader Over Brothers 
Crime Role, N.Y. Times, Nov. 30, 2002.
    \950\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 48 (June 19, 
2003) (testimony of William Bulger) (Exhibit 972).
    \951\ Affidavit of William Nally (June 14, 2003).
    \952\ Id.
---------------------------------------------------------------------------
    On July 22, 2003, Committee staff interviewed Nally. He 
explained that in the 1960s, the Department of Public Safety 
had two competing branches of police detectives.\953\ The state 
detectives were civil service employees with retirement at age 
65.\954\ The state uniformed officers were not civil service 
employees and retired at age 50.\955\ The state detectives were 
paid a higher salary than the state uniform officers.\956\ In 
order to become a state detective, an individual was required 
to obtain a rank of police sergeant, have ten years in the FBI 
or Secret Service, or pass a competitive law exam and 
physical.\957\
---------------------------------------------------------------------------
    \953\ Interview with William Nally, retired Massachusetts State 
Police Major (July 22, 2003).
    \954\ Id.
    \955\ Id.
    \956\ Id.
    \957\ Id.
---------------------------------------------------------------------------
    Nally said that in 1974, when the Department of Public 
Safety was reorganized, a division of state detectives and 
uniformed officers named CPacks was created to work in the 
District Attorneys' offices.\958\ However, the uniformed 
officers had to retire from the CPacks at age 50 or return to 
the uniform division.\959\ Around 1998 or 1999, the law was 
changed to give state detectives and uniformed officers equal 
status, which allowed uniformed officers to stay in CPacks as 
long as they desired.\960\ Lt. Col. John O'Donovan was 
responsible for the uniformed officers within the CPacks.\961\
---------------------------------------------------------------------------
    \958\ Id.
    \959\ Id.
    \960\ Id.
    \961\ Id.
---------------------------------------------------------------------------
    Nally said he first learned of the state budget line item 
from Major John Regan, a few days before the measure went to 
the Governor for signature.\962\ Nally recalled Regan and 
O'Donovan were concerned about the budget line item. Nally 
doubted that the measure would ever be passed.\963\
---------------------------------------------------------------------------
    \962\ Id.
    \963\ Id.
---------------------------------------------------------------------------
    Nally provided two possible motives for the budget line 
item. First, the union had sufficient influence to get the item 
introduced to equalize treatment of the uniformed officers and 
detectives--the union was concerned that uniformed officers had 
difficulty passing the state detective exam and could not 
otherwise escape the mandatory retirement at age 50.\964\ 
Second, the District Attorneys also had enough influence to 
have used the budget line item as a means to retaliate against 
O'Donovan for the way he managed CPacks.\965\
---------------------------------------------------------------------------
    \964\ Id.
    \965\ Id.
---------------------------------------------------------------------------
    Nally expressed doubt that William Bulger attempted to use 
the budget line item as a way to punish the officers who 
investigated Lancaster Street.\966\ Nally said he never met 
William Bulger or investigated James ``Whitey'' Bulger.\967\ 
Nally first learned of the Lancaster Street investigation when 
he questioned O'Donovan's overtime submissions.\968\ At that 
time, the Lancaster Street investigation was already closed, 
and O'Donovan showed him the books and pictures regarding the 
investigation.\969\
---------------------------------------------------------------------------
    \966\ Id.
    \967\ Id.
    \968\ Id.
    \969\ Id.
---------------------------------------------------------------------------

4. Interview of Robert Zoulas

    On July 22, 2003, Committee staff interviewed retired 
Massachusetts State Police Captain Robert Zoulas. Zoulas was a 
state detective who would have been affected by the FY82 
Massachusetts State budget line item. Zoulas was not asked by 
William Bulger to sign an affidavit for the Committee hearing.
    Zoulas stated that he first learned of the budget line item 
from Nally a few days before the Governor vetoed the 
measure.\970\ Zoulas suggested three theories as to who was 
responsible for the budget line item. The first theory was that 
the union was responsible.\971\ The union would benefit because 
five younger officers would advance into higher positions.\972\ 
The second theory was that the District Attorneys were 
responsible because they were unhappy with the organizational 
setup within law enforcement.\973\ The third theory, and in his 
mind the least credible, was that there was an ulterior motive 
to upset the State Police.\974\ Zoulas stated he has no 
specific idea of who introduced the budget line item.\975\
---------------------------------------------------------------------------
    \970\ Interview with Robert Zoulas, retired Massachusetts State 
Police Captain (July 22, 2003).
    \971\ Id.
    \972\ Id.
    \973\ Id.
    \974\ Id.
    \975\ Id.
---------------------------------------------------------------------------
    Zoulas was not involved in the Lancaster Street 
investigation and never investigated James ``Whitey'' 
Bulger.\976\ Zoulas did not recall any discussion that William 
Bulger was responsible for the budget line item.\977\
---------------------------------------------------------------------------
    \976\ Id.
    \977\ Id.
---------------------------------------------------------------------------

5. Contact with John O'Donovan

    On July 21, 2003, Committee staff contacted retired 
Massachusetts State Police Lt. Col. John O'Donovan. O'Donovan 
would have been affected by the FY82 Massachusetts State budget 
line item. O'Donovan was not asked by William Bulger to sign an 
affidavit for the Committee hearing.
    O'Donovan asked Committee staff to call back the next day 
so he could have time to consider the interview request.\978\ 
On July 22, 2003, O'Donovan agreed to an interview but due to 
prior commitments, the Committee staff could not meet with him 
on that day.\979\ O'Donovan then stated he would be available 
for a conference call the following week.\980\
---------------------------------------------------------------------------
    \978\ Telephone call with John O'Donovan, retired Massachusetts 
State Police Lt. Col. (July 21, 2003).
    \979\ Id. (July 22, 2003).
    \980\ Id.
---------------------------------------------------------------------------
    On August 14, 2003, in a follow-up attempt to interview 
O'Donovan, he advised that he was a uniformed police officer 
and passed a civil service exam to become a Lieutenant 
Detective.\981\ He stated that the budget line item never 
became law and therefore had no affect on his career.\982\ 
O'Donovan said, however, the effort to reorganize the State 
Police that precipitated the budget line item had decimated his 
detective division.\983\ He said he believes that he was a 
``target'' of the state budget line item and claimed the 
Committee knows the identity of the ``suspect'' or instigator 
of the budget line item.\984\
---------------------------------------------------------------------------
    \981\ Id. (Aug. 14, 2003).
    \982\ Id.
    \983\ Id.
    \984\ Id.
---------------------------------------------------------------------------

6. Contact with Peter Agnes

    During the Committee hearing, William Bulger submitted an 
affidavit signed by retired Massachusetts State Police Lt. Col. 
Peter Agnes, who would have been affected by the FY82 
Massachusetts State budget line item.\985\ Agnes's affidavit 
stated: ``I am aware of the news stories and columns written 
some time later attributing the outside section which would 
have affected me to former Senate President William Bulger and 
suggesting that its insertion in the state budget was some form 
of retribution for the work of the state police in a 
surveillance effort related to his brother James `Whitey' 
Bulger that focused on a Lancaster Street garage. I believe 
that this is inaccurate.'' \986\
---------------------------------------------------------------------------
    \985\ ``The Next Step in the Investigation of the Use of Informants 
by the Department of Justice: The Testimony of William Bulger,'' 
Hearing Before the Comm. on Govt. Reform, 108th Cong. 48 (June 19, 
2003) (testimony of William Bulger).
    \986\ Affidavit of Peter W. Agnes (June 14, 2003) (Exhibit 973).
---------------------------------------------------------------------------
    On July 15, 2003, Committee staff contacted Agnes who 
referred them to Eileen Agnes, his attorney and daughter-in-
law.\987\ On July 16, 2003, Committee staff spoke with Ms. 
Agnes, who stated that she assisted Agnes in preparing his 
affidavit that was submitted to the Committee.\988\ She stated 
that Agnes was assigned to the Massachusetts State Police's 
Homicide and Auto Theft Divisions and never investigated James 
``Whitey'' Bulger.\989\
---------------------------------------------------------------------------
    \987\ Telephone call with Peter Agnes, retired Massachusetts State 
Police Lt. Col. (July 16, 2003).
    \988\ Telephone call with Eileen Agnes, counsel to Peter Agnes 
(July 16, 2003).
    \989\ Id.
---------------------------------------------------------------------------

7. Research at Massachusetts State House and Library

    In July 2003, Committee staff also visited the 
Massachusetts State House and Library. The purpose was to 
determine if William Bulger, as the Senate President, 
participated in the introduction of a budget line item to the 
1982 Appropriations Bill that would have required Massachusetts 
civil service detectives, over 50 years of age, to take a 
demotion in grade or early retirement. The budget line item was 
identified as Section 99 in the House Bill(s) and as Section 
108 in the Senate Bill(s). Both sections contained the 
following language:

        Section 6 of chapter 639 of the act of 1974, added by 
        section 3 of chapter 389 of the acts of 1976, is hereby 
        amended by inserting after the word ``rights'', in line 
        6, the words:- ``provided, that no such person shall 
        serve in a grade above detective lieutenant inspector 
        in the office of investigation and intelligence or the 
        bureau of investigative services upon attaining the age 
        of fifty years.\990\
---------------------------------------------------------------------------
    \990\ S. Bill S2254, (Mass. 1981).

A search of the legislative history on the budget line item 
---------------------------------------------------------------------------
provided the following chronology:

        June 4 and 5, 1981--Earliest record of the language as 
        Section 99 was found in House Bill H6969 from the House 
        Ways and Means Committee.\991\ The record did not 
        indicate when or who introduced the language, section 
        and bill.
---------------------------------------------------------------------------
    \991\ H.R. Bill H6929, (Mass. 1981).

        June 17, 1981--Earliest record of the language as 
        Section 108 was found in Senate Bill S2222 from the 
        Senate Ways and Means Committee.\992\ The record did 
        not indicate when or who introduced the language, 
        section and bill.
---------------------------------------------------------------------------
    \992\ S. Bill S2222, (Mass. 1981).

        June 17, 1981--The text of House Bill H6969 was 
        inserted in place of Senate Bill S2222 upon 
        recommendation by Mr. Atkin and Ms. Buckly from the 
        Senate Ways and Means Committee.\993\
---------------------------------------------------------------------------
    \993\ Journal of the Senate, at 59, (Mass. 1981).

        June 17, 1981--On motion of William Bulger, House Bill 
        H6969 was ordered to be printed as amended.\994\
---------------------------------------------------------------------------
    \994\ Id. at 801.

        June 20, 1981--House Bill H6969 was enacted as Senate 
        Bill S2254 by the Senate and House of Representatives 
        in General Court assembled.\995\ Senate Bill S2254 
        incorporated the language in House Section 99 as Senate 
        Section 108.\996\ The record did not indicate who voted 
        on the enactment.
---------------------------------------------------------------------------
    \995\ 1981 Mass. Acts 351.
    \996\ S. Bill S2254, (Mass. 1981).

        July 21, 1981--Governor King disapproved certain 
        unidentified sections in the Appropriation Bill.\997\ 
        Subsequent House records indicated that House Section 
        99 was vetoed by the Governor.\998\
---------------------------------------------------------------------------
    \997\ Journal of the House, at 2968, (Mass. 1981).
    \998\ Id. at 2970.

        September 15, 1981--The House Journal indicated that 
        ``Section 99, which had been vetoed by the Governor, 
        was considered as follows: . . . notwithstanding the 
        objections of His Excellency the Governor, was 
        determined by yeas and nays; and the roll call 0 
        members voted in the affirmative and 149 in the 
        negative.'' \999\
---------------------------------------------------------------------------
    \999\ Journal of the House, at 1383, (Mass. 1981).

    Committee staff also contacted Massachusetts Representative 
Brad Jones, House Minority Leader, and his legal counsel Fred 
Van Magness, for their assistance in locating any information 
that would indicate who introduced the FY82 Massachusetts State 
budget line item. Representative Jones explained that the House 
Ways and Means Committee usually introduced the Appropriations 
Bill as House Bill No.1, sometimes in the month of May.\1000\ 
The Committee staff and Representative Jones then reviewed the 
1981 Bulletin of Committee Work and concluded that the original 
House Bill already contained Section 99 when it came out of the 
House Means and Ways Committee.\1001\ Representatives Jones 
explained that any legislator could introduce the provision, 
even verbally, anywhere along the bill's progression with no 
recordation of who made the introduction.\1002\
---------------------------------------------------------------------------
    \1000\ Discussion with Massachusetts Representative Brad Jones, 
House Minority Leader (July 22, 2003).
    \1001\ Id.
    \1002\ Id.
---------------------------------------------------------------------------
    On July 29, 2003, Van Magness said that after thorough 
research, the legislative history confirmed for him that the 
budget line item first appeared from House Bill H6969 in June 
1981.\1003\ He explained that a line item, unlike a bill, did 
not require a sponsor and any member could introduce the 
amendment without leaving a documented trail.\1004\ He said the 
then leadership of the House Ways and Means Committee should 
have personal knowledge of who inserted the language into the 
bill.\1005\ However, he doubted if after 20 years, anyone would 
recall the circumstances surrounding its introduction.\1006\
---------------------------------------------------------------------------
    \1003\ Telephone call with Fred Van Magness, legal counsel to 
Massachusetts House Minority Leader (July 29, 2003).
    \1004\ Id.
    \1005\ Id.
    \1006\ Id.
---------------------------------------------------------------------------
    Committee staff contacted the Massachusetts House Clerk's 
office. The receptionist stated that the Clerk's office does 
not maintain any historical logs or journals and referred the 
Committee staff to the State Archive office. Similar responses 
were received from the Senate and House Ways and Means 
Committees.
    After the Committee hearing, Thomas Kiley, counsel to 
William Bulger, provided an affidavit that was signed by him on 
July 18, 2003.\1007\ The Committee reviewed the affidavit and 
found no inconsistencies regarding the subject matter. The 
affidavit in part contained the following statements:
---------------------------------------------------------------------------
    \1007\ Affidavit of Thomas R. Kiley (July 18, 2003) (Exhibit 980).
---------------------------------------------------------------------------

                                *  *  *

        I have since researched the matter and concluded . . . 
        the budget rider was inserted while the budget was in 
        the Massachusetts House of Representatives in June of 
        1981.\1008\
---------------------------------------------------------------------------
    \1008\ Id.
---------------------------------------------------------------------------

                                *  *  *

        When the House engrossed House 6969 and sent the 
        measure to the Senate, House Journal pp. 1060-1061 
        (1981), the supposedly offensive rider was clearly 
        already part of the bill.\1009\
---------------------------------------------------------------------------
    \1009\ Id.
---------------------------------------------------------------------------

                                *  *  *

        When then Governor King signed the FY'82 budget into 
        law on July 21, 1981, and it became Chapter 351 of the 
        Acts of 1981, he vetoed section 99 . . . Section 99 was 
        one of seventy seven sections in the general 
        appropriation act disapproved by the Governor, 
        prompting the House of Representatives, where most of 
        the sections originated, to ask the Supreme Judicial 
        Court of Massachusetts whether the Governor had the 
        constitutional power to disapprove such items. Opinion 
        of the Justices, 384 Mass. 820, 820 (1981) . . . The 
        Court's affirmative answer was issued on September 2, 
        1981. On September 15, 1981, the House voted 149 to 0 
        to sustain the Governor's disapproval of Section 99. 
        Supplement, No. 409 (1981). No Senate vote occurred 
        concerning the veto. The story ends, or so it ought 
        to.\1010\
---------------------------------------------------------------------------
    \1010\ Id.
---------------------------------------------------------------------------

            V. Institutional Reluctance to Accept Oversight


                       A. CONGRESSIONAL OVERSIGHT

    It is hard to understand why it was so difficult to conduct 
a thorough investigation of the FBI's use of informants in New 
England. In hindsight, a statement made by a senior FBI 
official provides a glimpse of what may have been happening. In 
early 2001, just as the Committee was beginning to focus on the 
FBI's use of informants in New England, Charles Prouty--then 
the Special Agent in Charge of the Boston office--made the 
following statements about the Deegan case: ``The FBI was 
forthcoming. We didn't conceal the information. We didn't 
attempt to frame anyone.'' \1011\ In retrospect, Prouty's 
assertion appears ill-considered. Indeed, its contrast with a 
statement made by FBI Director Louis Freeh just a few months 
later is stark. Freeh stated that the case is ``obviously a 
great travesty, a great failure, disgraceful to the extent that 
my agency or any other law enforcement agency contributed to 
that.'' \1012\
---------------------------------------------------------------------------
    \1011\ Shelley Murphy, FBI Says Documents Clear It of Wrongdoing in 
'65 Case, Boston Globe, Feb. 15, 2001.
    \1012\ Hearing Before the House Appropriations Subcommittee on 
Commerce, Justice, State and Judiciary, 107th Cong. 47 (testimony of 
Louis Freeh) (2001 WL 518397).
---------------------------------------------------------------------------
    In support of his statement, Prouty cited a document 
created just after the Deegan murder was committed. A 
memorandum from the Director of the FBI to the Special Agent in 
Charge, dated just four days after the Deegan murder, states: 
``You should advise appropriate authorities of the identities 
of the possible perpetrators of the murders of Sacrimone and 
Deegan.'' \1013\ A handwritten annotation on one copy of this 
document indicates that information regarding the Deegan murder 
was provided to ``Renfrew Chelsea PD'' on March 15, 1965.\1014\
---------------------------------------------------------------------------
    \1013\ Airtel from J. Edgar Hoover, Director, FBI, to Special Agent 
in Charge, Boston FBI Field Office (Mar. 16, 1965) (Exhibit 83).
    \1014\ Id.; FBI Boston Gangland Murders Report by John F. Kehoe, 
Jr., Special Agent, Boston FBI Field Office (Jan. 14, 1966) (Exhibit 
116); Memorandum from H. Paul Rico, Special Agent, to Special Agent in 
Charge, [Redacted] (Mar. 15, 1965) (Exhibit 82).
---------------------------------------------------------------------------
    The Committee has searched for other indications that the 
FBI provided exculpatory evidence to the Deegan prosecutors. 
Thus far, none has been located. Suffice it to say, however, 
that local prosecutors were never made aware of significant 
exculpatory information. For example:

          LLocal prosecutors were not aware that Joseph 
        Barboza and Jimmy Flemmi went to Patriarca to request 
        permission to murder Deegan just days before the crime 
        occurred. Furthermore, they were not aware that the 
        source of this information was microphone surveillance, 
        a form of information more reliable than most informant 
        information.

          LLocal prosecutors were not aware that the 
        FBI had evidence that Jimmy Flemmi had a motive for 
        killing Deegan, and that this motive conflicted with 
        the motive Barboza provided in sworn testimony.

          LLocal prosecutors were not aware that 
        Barboza had told federal law enforcement personnel that 
        he would not provide information that would allow Jimmy 
        Flemmi to ``fry.''

          LLocal prosecutors were not aware that both 
        Jimmy Flemmi and Stephen Flemmi were government 
        informants.

At a minimum, the FBI failed to provide exculpatory evidence in 
a death penalty case. More important, however, is the 
likelihood that the FBI shared information when there was no 
reason to keep it covered up, but, at a time when Barboza was 
readying himself to tell a story that benefited the goals of 
federal law enforcement, federal officials kept exculpatory 
information from state law enforcement officials.
    At the outset of its investigation, the Committee requested 
that it be permitted to speak with the head of a Justice 
Department task force investigating many of the same matters of 
interest to the Committee. The stated purpose of this proposed 
line of communication was to ensure that Congress was receiving 
everything it was entitled to receive and to help the Committee 
refrain from taking steps that might harm ongoing criminal 
prosecutions. The Justice Department did not accede to this 
request. The Committee also made a request to speak to the 
Department about the identities of certain informants and the 
significance of information provided by these informants. It 
took well over one year for a meeting on this subject to be 
arranged. On December 2, 2002, almost two years into the 
Committee's investigation, the Justice Department did convene a 
meeting to address the Committee's request about informants. 
This meeting was of particular significance for three reasons. 
First, it became clear that critical documents had been 
withheld from Congress. Second, the Justice Department simply 
refused to provide Congress with essential information about 
informants, including information that had previously been made 
available to civil litigants during U.S. v. Salemme. Finally, 
the meeting confirmed the general sense that the Justice 
Department has failed to understand the seriousness of the 
Committee's investigation.
    While it is true that the Department has assigned people of 
unimpeachable integrity to spearhead its own investigation, it 
also appears true that it has failed to understand that 
Congress has not only a legitimate right to investigate the 
matters covered in this report, but that Congress also has a 
right to expect the Justice Department to do everything in its 
power to ensure that Congress is able to discharge its own 
constitutional responsibilities.
    Unfortunately, the relationship between the executive 
branch and the legislative branch--particularly where oversight 
is concerned--is often more adversarial than collegial. This 
has proved to be the case during the Committee's investigation 
of the Justice Department's use of informants in New England. 
Congress cannot discharge its responsibilities if information 
is not provided or dilatory tactics are employed.
    Throughout the Committee's investigation, it encountered an 
institutional reluctance to accept oversight. Executive 
privilege was claimed over certain documents, redactions were 
used in such a way that it was difficult to understand the 
significance of information, and some categories of documents 
that should have been turned over to Congress were withheld. 
Indeed, the Committee was left with the general sense that the 
specter of a subpoena or the threat of compelled testimony was 
necessary to make any progress at all.
    The following three examples provide a sense of why the 
Committee has concluded that the Justice Department failed to 
take its responsibilities to assist Congress as seriously as it 
should have.

1. The Patriarca Microphone Surveillance Logs

    The single most important category of information needed by 
the Committee to conduct its investigation of the use of Joseph 
Barboza as a cooperating witness was that derived from 
microphone surveillance of Raymond Patriarca. On June 5, 2001, 
the Committee asked the Justice Department to produce ``all 
audiotape recordings, telephone wiretaps, other audio 
interceptions and transcripts relating to Raymond Patriarca 
from January 1, 1962, to December 31, 1968.'' Because Barboza 
and Flemmi traveled to Rhode Island to get Patriarca's 
permission to kill Teddy Deegan, and because there was 
microphone surveillance capturing conversations, documents 
pertaining to this request were of paramount importance to the 
Committee. Indeed, the Justice Department was aware of the 
importance attributed by the Committee to these records. A few 
months after the initial request, the Justice Department 
indicated that the Committee had received all documents 
relevant to the Patriarca microphone surveillance. However, on 
December 2, 2002, one and a half years after the Committee's 
initial request, Task Force supervisor John Durham indicated 
that contemporaneous handwritten logs had been prepared by FBI 
Special Agents as conversations picked up by the microphone 
surveillance were monitored. These logs were finally produced 
to the Committee, although legible copies of the most important 
pages were not received until March 25, 2003. The handwritten 
logs contained significant information that had not previously 
been provided to Congress.

2. Documents Pertaining to Robert Daddeico

    Robert Daddeico participated in a number of criminal 
activities in the 1960s. He was close to Stephen Flemmi and was 
used as a cooperating government witness in the car bombing of 
attorney John Fitzgerald. He also had first hand knowledge of 
the William Bennett murder.
    The Committee requested documents pertaining to Daddeico on 
April 16, 2002. Four months later, on August 20, 2002, 
Committee staff were told that the Justice Department needed 
more information to be able to identify ``Robert Daddeico'' in 
Justice Department files. This statement was particularly 
curious. There are five clear reasons why the Justice 
Department should have had no trouble deciding which ``Robert 
Daddeico'' the Committee was interested in: (1) a Justice 
Department employee contacted Daddeico to inform him that the 
Committee wanted to interview him; \1015\ (2) a few days before 
the Committee interviewed Daddeico the FBI offered him a 
payment of $15,000; \1016\ (3) a number of currently employed 
Justice Department personnel have personally interviewed 
Daddeico; \1017\ (4) in the last few years Daddeico has been in 
personal contact with the FBI's former number two official; 
\1018\ and, finally, (5) Daddeico has been living for 30 years 
under an assumed name known to the government and he had 
maintained frequent contact with FBI officials.\1019\ It is 
hardly unreasonable for the Committee to expect prompt 
production of documents related to Robert Daddeico, and it is 
hard to believe, given all of these facts, that the Justice 
Department was uncertain which ``Robert Daddeico'' the 
Committee was interested in.\1020\ The failure to produce this 
information in a timely fashion is inexcusable.
---------------------------------------------------------------------------
    \1015\ Robert Daddeico Agreement (Oct. 1, 2001) and Message (Sept. 
13, 2001) (Exhibit 950).
    \1016\ Id.
    \1017\ Interview with Robert Daddeico (Oct. 17-18, 2001).
    \1018\ Id.
    \1019\ Id.
    \1020\ Daddeico also provided the Committee with a check from a 
local prosecutor for $500. This check, drawn on a personal bank 
account, was allegedly provided at a time when the FBI was contacting 
Daddeico to assist in an ongoing investigation. Daddeico claims that 
the individual who provided this check once attempted to coach him to 
provide false testimony in the trial for the car bombing of attorney 
John Fitzgerald.
---------------------------------------------------------------------------

3. U.S. Attorney's Office Gangland Murder Summaries

    On March 30, 2001, the Committee requested ``all records 
relating to the March 12, 1965, murder of Edward `Teddy' 
Deegan.'' On December 2, 2002, Justice Department Task Force 
Supervisor John Durham mentioned a January 14, 1966, memorandum 
which discusses gangland murders. This document was prepared 
for the Boston U.S. Attorney's Office and discusses the Deegan 
murder. It had not been provided to the Committee.
    On December 9, 2002, Justice Department officials indicated 
that although the document was not responsive to Committee 
requests, it would be produced. Based on the description of the 
document provided by John Durham, it is difficult to understand 
how it was not responsive to a request for documents relating 
to the Deegan murder.
    On December 16, 2002, the Justice Department finally 
produced this document to the Committee. The fact that this 
document was not provided to the Committee earlier is 
significant for a number of reasons. First, it could not be 
used in Committee hearings or most interviews. Second, it leads 
to the concern that there are other significant documents that 
have been withheld from the Committee. Additionally, this 
document is of particular interest because it is a document 
prepared for prosecutors, and it potentially shifts blame for 
what happened in the Deegan prosecution towards prosecutors.
    Although the Justice Department has provided many documents 
from the files of the FBI, it has been reluctant to shed light 
on the possible misconduct of its prosecutors. This was first 
seen in the claim of executive privilege over prosecution 
memoranda, and it appears to have resurfaced with the gangland 
murders summary. It was also particularly apparent when the 
Committee staff asked for a list of Boston U.S. Attorneys from 
the 1960s until the present. Although a staff member of the 
Executive Office of United States Attorneys indicated the 
information was readily available, a list was never provided to 
the Committee.

                       B. INSTITUTIONAL OVERSIGHT

    The FBI's office of Professional Responsibility (``OPR'') 
conducted its own investigation of possible improper law 
enforcement conduct in 1997.\1021\ This investigation 
``uncovered no evidence that any potentially criminal acts were 
part of a continuing crime which would bring the acts within 
the statute of limitations.'' \1022\ Thus, former FBI Special 
Agent John Connolly--now serving a ten year sentence in federal 
prison--was given a free pass by internal investigators. The 
investigation did, however find ``a number of violations of FBI 
rules and regulations which would have warranted administrative 
action if those employees were still employed by the FBI.'' 
\1023\ The investigation also determined that ``no current FBI 
employees . . . [were] in violation of FBI policies.'' \1024\
---------------------------------------------------------------------------
    \1021\ FBI Office of Professional Responsibility Report by Joshua 
Hochberg and Charles S. Prouty (Aug. 13, 1997) (Appendix II).
    \1022\ Id. at 2; see also ``Justice Department Misconduct in 
Boston: Are Legislative Solutions Required?,'' Hearing Before the Comm. 
on Govt. Reform, 107th Cong. 641-747 (Feb. 27, 2002) (discussing 
proposed changes to the statute of limitations).
    \1023\ FBI Office of Professional Responsibility Report by Joshua 
Hochberg and Charles S. Prouty (Aug. 13, 1997) at 2 (Exhibit 887).
    \1024\ Id.
---------------------------------------------------------------------------
    One conclusion reached by the OPR investigation, however, 
should be considered in light of information obtained by the 
Committee. The OPR report on its investigation states:

        We also looked for instances in which [James 
        ``Whitey''] Bulger and [Stephen] Flemmi were under 
        investigation by a law enforcement agency and in which 
        the USAO or DOJ exercised prosecutorial discretion in 
        their favor due to the value of information provided by 
        Bulger and Flemmi. There is no evidence that 
        prosecutorial discretion was exercised on behalf of 
        Bulger and/or Flemmi.\1025\
---------------------------------------------------------------------------
    \1025\ Id. at 13. In reaching this conclusion, the OPR report 
states that ``all reasonable and apparent leads have been covered.'' 
Id. at 3.

This conclusion is troubling in light of a document obtained by 
the Committee. After a protracted battle with the executive 
branch over specific documents--during which the President 
claimed executive privilege over the documents sought--the 
Committee ultimately was able to determine that prosecutorial 
discretion had been exercised on behalf of Bulger and Flemmi.
    A memorandum dated January 29, 1979, from Boston federal 
prosecutor Gerald E. McDowell to supervisors in Washington, and 
also brought to the attention of then-United States Attorney 
Jeremiah O'Sullivan, recommends prosecution of 21 individuals 
for a major conspiracy to fix the outcomes of more than 200 
horse racing contests, in over five states, with profits in 
excess of two million dollars.\1026\ At the center of the 
criminal activity were both Stephen Flemmi and James ``Whitey'' 
Bulger.
---------------------------------------------------------------------------
    \1026\ Gerald E. McDowell, Attorney in Charge, and Jeremiah T. 
O'Sullivan, Prosecutor, Organized Crime & Racketeering Section, Boston 
U.S. Dept. of Justice Field Office, to Gerald T. McGuire, Deputy Chief, 
Organized Crime & Racketeering Section, U.S. Dept. of Justice (Jan. 29, 
1979) (document is retained by the Justice Department).
---------------------------------------------------------------------------
    Notwithstanding the knowledge that Bulger and Flemmi were 
involved, and notwithstanding the fact that the government had 
a cooperating witness prepared to testify against Bulger and 
Flemmi, the memorandum specifically indicates that the two 
would not be prosecuted with 21 other co-conspirators. The 
memorandum indicates that Bulger and Flemmi would not be 
prosecuted because ``the cases against them rest, in most 
instances, solely on the testimony of Anthony Ciulla.'' \1027\
---------------------------------------------------------------------------
    \1027\ Id. at 62.
---------------------------------------------------------------------------
    Two points are worth noting. First, the use of the term 
``in most instances.'' A close reading of the memorandum 
indicates that there was other evidence against Bulger and 
Flemmi. Thus, it is inexplicable, given the details provided by 
the memorandum, that Bulger and Flemmi were not prosecuted, 
while others who were less involved in the criminal enterprise 
were prosecuted. Second, others were indicted solely on the 
testimony of Ciulla. For example, the memorandum states: 
``James L. Sims--The case against Sims rests solely on Ciulla's 
testimony.'' \1028\ Sims was subsequently indicted and 
convicted. Thus, Bulger and Flemmi did receive preferential 
treatment.
---------------------------------------------------------------------------
    \1028\ Id. at 55.
---------------------------------------------------------------------------
    When former U.S. Attorney Jeremiah O'Sullivan was asked 
specifically about whether Bulger and Flemmi benefited from 
prosecutorial discretion, he stated clearly that they 
had.\1029\ It is, therefore, troubling that the FBI's OPR 
investigation failed to develop this information. Perhaps more 
troubling, however, is the concern that the Justice Department 
attempted to keep such an important piece of information from 
the Committee. Indeed, it appears that Justice Department 
investigators had failed to pursue this line of inquiry prior 
to the Committee's request. But for the Committee's 
perseverance, the final word on prosecutorial discretion 
pertaining to Stephen Flemmi and James Bulger would have been 
the incorrect 1997 OPR report.
---------------------------------------------------------------------------
    \1029\ ``The Justice Department's Use of Informants in New 
England,'' Hearings Before the Comm. on Govt. Reform, 107th Cong. 308, 
335 (Dec. 5, 2002) (testimony of Jeremiah O'Sullivan).
---------------------------------------------------------------------------

         C. THE CLAIM OF EXECUTIVE PRIVILEGE OVER KEY DOCUMENTS

    The Committee's investigation was delayed for months by 
President Bush's assertion of executive privilege over a number 
of key documents. While the Committee was ultimately able to 
obtain access to the documents it needed, the President's 
privilege claim was regrettable and unnecessary.

1. The Committee's Request for the Documents

    On September 6, 2001, the Committee issued a subpoena for a 
number of prosecution and declination memoranda relating to the 
Committee's investigation of the handling of confidential 
informants in New England.\1030\ The Justice Department made it 
clear that it would not comply with the Committee's subpoena. 
Senior Administration personnel, including the White House 
Counsel, the Attorney General, and two Assistant Attorneys 
General, explained to the Chairman and Committee staff that the 
Administration wished to establish an inflexible policy to 
withhold from Congress all deliberative prosecutorial 
documents. The Committee scheduled a hearing for September 13, 
2001, and invited the Attorney General to testify at this 
hearing to explain his refusal to provide the subpoenaed 
documents to the Committee. Of course, just two days before the 
scheduled hearings, terrorists launched the September 11 
attacks. The Committee canceled the hearing and postponed any 
discussion of the subpoena for several months.
---------------------------------------------------------------------------
    \1030\ Also included in this subpoena were requests related to the 
Committee's campaign finance investigation.
---------------------------------------------------------------------------

2. The President's Claim of Executive Privilege

    In December 2001, the Committee renewed its request for the 
subpoenaed documents, and called as a witness Michael Horowitz, 
the Chief of Staff for the Justice Department's Criminal 
Division. On December 12, 2001, the day before the Committee's 
hearing, President Bush invoked executive privilege over the 
subpoenaed documents. In a memorandum to Attorney General 
Ashcroft, President Bush stated that disclosure of the 
documents to Congress would:

        Inhibit the candor necessary to the effectiveness of 
        the deliberative processes by which the Department 
        makes prosecutorial decisions. Moreover, I am concerned 
        that congressional access to prosecutorial 
        decisionmaking documents of this kind threatens to 
        politicize the criminal justice process. . . . Because 
        I believe that congressional access to these documents 
        would be contrary to the national interest, I have 
        decided to assert executive privilege with respect to 
        the documents and to instruct you not to release them 
        or otherwise make them available to the 
        Committee.\1031\
---------------------------------------------------------------------------
    \1031\ Memorandum from President George W. Bush to John Ashcroft, 
Attorney General, U.S. Dept. of Justice (Dec. 12, 2001) (Appendix I).

The President's claim of privilege was a surprise in that 
during the three months between the Committee's issuance of the 
subpoena for the prosecutorial memoranda and the President's 
claim of executive privilege, the Justice Department had never 
had a single discussion with the Committee regarding the 
Committee's need for the documents. Therefore, the claim could 
not have relied upon any consideration of the Committee's need 
for the documents. Given the Committee's previous discussions 
with the White House and Justice department officials and the 
assertion of privilege without consideration of the Committee's 
need for the documents, it was clear that the Administration 
sought to establish a new restrictive policy regarding 
prosecutorial documents and that no demonstration of need by 
the Committee would be sufficient for the Justice Department to 
produce the documents.

3. The Justice Department's Shifting Explanations

    In the weeks following the President's claim of executive 
privilege, the Administration made a number of attempts to 
explain the President's actions to a skeptical Committee and 
public. In Committee hearings and in correspondence with the 
Committee, the Justice Department and the White House 
frequently distorted the facts to try to justify the 
President's claim of privilege. These statements had the effect 
of prolonging the negotiations with the Committee and delaying 
the resolution of this dispute.
            i. The Administration's Denial that it Was Creating an 
                    Inflexible Policy
    Immediately after the President's claim of privilege, the 
Justice Department began to move away from its earlier 
assertions that it was attempting to implement an inflexible 
new policy regarding Congressional access to deliberative 
prosecutorial documents. Certainly, prior to the President's 
claim of privilege, this fact was plain enough. In separate 
meetings with Chairman Burton, Attorney General Ashcroft, and 
White House Counsel Gonzales announced such a policy. However, 
the Justice Department's witness at the first hearing regarding 
the claim of executive privilege, Michael Horowitz, denied that 
the Department was implementing such a policy at all. Rather, 
he claimed that the Department was using a case-by-case 
analysis which weighed the Congressional need for the documents 
against the Administration's need to keep the documents secret. 
However, as a number of members at the hearing pointed out, the 
claims of a case-by-case analysis were seriously undermined by 
the fact that the Justice Department had never had a discussion 
with the Committee about the Committee's need for the 
documents. If the Department did not understand the Committee's 
need for the documents, it could hardly weigh that need against 
the need to keep the documents secret.
            ii. The Administration's Failure to Compromise with the 
                    Committee
    A second and related point which was raised by the December 
13, 2001, hearing was the failure of the Justice Department to 
engage in a reasonable process of compromise with the 
Committee. Before the Committee had even issued its subpoena 
for the Boston-related prosecution and declination memoranda, 
it was clear that the Justice Department was intent on 
establishing a restrictive new document policy. It was not 
until January--four months after the issuance of the subpoena--
that the Administration even offered a compromise to the 
Committee. On January 10, 2002, White House Counsel Alberto 
Gonzales wrote to offer to have Justice Department staff brief 
the Committee staff regarding the contents of the deliberative 
memoranda. Chairman Burton responded to Judge Gonzales's offer 
by stating that he would be pleased to receive a briefing 
regarding the documents, but only in conjunction with a review 
of the documents by Committee staff. This offer was initially 
rejected by the Justice Department.
            iii. The Administration's Misrepresentations Regarding 
                    Historical Precedent
    The third issue which was raised at the December 13, 2001, 
hearing was the fact that there was little precedent for the 
President's decision to withhold the subpoenaed documents. 
Michael Horowitz asserted that the executive privilege claim 
was consistent with longstanding Justice Department policy, and 
in a letter shortly after the hearing, White House Counsel 
Alberto Gonzales made much the same claim:

        Absent unusual circumstances, the Executive Branch has 
        traditionally protected those highly sensitive 
        deliberative documents against public or congressional 
        disclosure. This traditional Executive Branch practice 
        is based on the compelling need to protect both the 
        candor of the deliberative processes by which the 
        Department of Justice decides to prosecute individuals 
        and the privacy interests and reputations of uncharged 
        individuals named in such documents.\1032\
---------------------------------------------------------------------------
    \1032\ Letter from Alberto Gonzales, Counsel to the President, to 
the Honorable Dan Burton, Chairman, Comm. on Govt. Reform (Jan. 10, 
2002) (Appendix I).

    Despite these and a number of other similar assertions, the 
President's claim of executive privilege was a drastic 
departure from the longstanding history of Congressional access 
to precisely the types of documents sought by the Committee. In 
fact, at a hearing of the Committee on February 6, 2002, 
Assistant Attorney General Dan Bryant acknowledged that 
Congress had been given access to these types of documents on 
multiple occasions. In one letter leading up to the February 6 
hearing, Bryant stated that ``the Department has often provided 
Congress with access to deliberative documents of one sort or 
another. Consequently, it would be impossible to catalogue all 
of the occasions in which that has occurred.'' \1033\
---------------------------------------------------------------------------
    \1033\ Letter from Daniel J. Bryant, Assistant Attorney General, 
U.S. Dept. of Justice, to the Honorable Dan Burton, Chairman, Comm. on 
Govt. Reform (Feb. 1, 2002) (Appendix I).
---------------------------------------------------------------------------
    In short, over a period of six months, the Justice 
Department's position had retracted its claim that Congress had 
never received prosecution and declination memoranda prior to 
the Clinton Administration and replaced it with the claim that 
it happened so frequently that it is impossible to provide an 
accurate number. At the Committee's February 6, 2002, hearing, 
the Committee established that on dozens of occasions over the 
previous eighty years, Congress had received access to 
documents precisely like those sought by the Committee. It was 
also clear that the Committee's need for the documents under 
subpoena was at least as great as Congress's need for the 
documents in any of those other cases.

4. The Justice Department Finally Provided the Committee with Access to 
        the Subpoenaed Documents

    The five-month stalemate over the subpoenaed documents 
finally broke when the Committee scheduled a hearing to hear 
testimony from Judge Edward Harrington. When the Justice 
Department learned that Judge Harrington was scheduled to 
testify, Justice Department personnel informed the Committee 
that one of the documents sought by the Committee was a 
prosecution memorandum drafted by then-Assistant U.S. Attorney 
Harrington which contained information about the Deegan murder. 
Chairman Burton wrote to the Department and demanded access to 
the Harrington memorandum:

        Judge Harrington is testifying before the Committee on 
        February 14, and the Committee has a great interest in 
        knowing what Judge Harrington knew about the evidence 
        in the Deegan murder case, including, but not limited 
        to, the evidence in the case, the reliability of 
        witnesses in the case, and whether key witnesses in the 
        case were government informants. Perhaps as important, 
        Judge Harrington was a prosecutor in a 1968 trial of 
        Raymond Patriarca, and it is important to understand 
        the facts pertaining to this prosecution as well. It 
        appears that the Justice Department agrees that it is 
        essential that the Committee receive the Harrington 
        memorandum in advance of the February 14 hearing, and 
        that the Committee can clearly meet even the high 
        threshold of proof being demanded (inappropriately, in 
        my view) by the Justice Department. If that is the 
        case, please provide the Committee with access to the 
        document now, without a briefing.

        While I appreciate the fact that the Justice Department 
        has admitted that one of the 10 withheld documents has 
        great relevance to the Committee's upcoming hearing, 
        the Department's admission reveals the flaws with its 
        approach to this entire matter. The Justice Department 
        only recognized the importance of the Harrington 
        document once the Committee announced that Judge 
        Harrington was testifying at an upcoming hearing. The 
        Department did not know that Committee staff 
        interviewed Judge Harrington almost two months ago, and 
        did not have the benefit of the Harrington memorandum 
        for that interview. The other nine memoranda being 
        withheld by the Justice Department likely have just as 
        much relevance to the Committee's investigation as the 
        Harrington memorandum, except that the Justice 
        Department is unwilling to recognize that fact.

        I believe that the Committee's investigation of Justice 
        Department corruption in Boston is far too important to 
        be wasting time with procedural gamesmanship. Rather 
        than seeing this as an opportunity to establish 
        precedents to place roadblocks in the way of 
        Congressional oversight, the Justice Department should 
        see this case as an opportunity to come clean and right 
        past wrongs. I hope you will agree, and that you will 
        provide the Committee with access to the subpoenaed 
        Boston documents.\1034\
---------------------------------------------------------------------------
    \1034\ Letter from the Honorable Dan Burton, Chairman, Comm. on 
Govt. Reform, to John Ashcroft, Attorney General, U.S. Dept. of Justice 
(Feb. 12, 2002) (Appendix I).

The following day, Assistant Attorney General Bryant wrote that 
the Committee had ``demonstrated a particular and critical need 
for access to the one Harrington memorandum sufficient to 
satisfy constitutional standards and we are prepared to meet 
with you and make it available for your review in advance of 
the hearing.'' \1035\ Of course, the Committee did not provide 
any additional information to the Department which it had not 
provided months earlier. Informing the Justice Department that 
Judge Harrington had once been a federal prosecutor and that 
the Committee was requesting his testimony at an upcoming 
hearing hardly constituted demonstration of ``a particular and 
critical need.''
---------------------------------------------------------------------------
    \1035\ Letter from Daniel J. Bryant, Assistant Attorney General, 
U.S. Dept. of Justice, to the Honorable Dan Burton, Chairman, Comm. on 
Govt. Reform (Feb. 13, 2002) (Appendix I).
---------------------------------------------------------------------------
    On February 26, 2002, Committee staff met with Assistant 
Attorney General Michael Chertoff to discuss Committee access 
to the remaining memoranda being withheld under the President's 
claim of executive privilege. Assistant Attorney General 
Chertoff described the documents, and Committee staff agreed 
that four of the subpoenaed memoranda were not relevant to the 
Committee's investigation. Assistant Attorney General Chertoff 
agreed to provide the Committee with access to the remaining 
five memoranda. Committee staff reviewed the memoranda, took 
notes regarding their contents, and used the memoranda to 
question witnesses in interviews and public hearings.

5. The Documents Which Were Withheld Contained Vital Information

    The documents withheld from the Committee for over five 
months contained vital information. The President's claim of 
executive privilege delayed the Committee's investigation, and 
distracted the Committee from pursuing a number of issues 
relating to the use of confidential informants. The following 
is a summary of some of the key information which was contained 
in the memoranda withheld from the Committee:

  LThe 1967 Marfeo prosecution memorandum contains 
information about the murder of Teddy Deegan. According to 
Judge Harrington's testimony, the information was deemed 
reliable and included in the memorandum to show that Joseph 
Barboza was a reliable witness because it proved his contention 
that he had access to Raymond Patriarca. This is significant 
because the following year, in a capital murder trial, Barboza 
did not provide the information that had been considered so 
important by federal prosecutors. This raises the possibility 
that federal prosecutors were aware that Barboza was committing 
perjury in the Deegan murder prosecution. Indeed, there are two 
fundamentally incompatible facts:

        1. LBarboza's credibility in the eyes of federal 
        personnel was bolstered by microphone surveillance 
        evidence of the request made by Flemmi and Barboza to 
        murder Teddy Deegan.

        2. LBarboza was considered credible even though he 
        omitted the evidence about the request to murder 
        Deegan, and even though this was the foundation of his 
        being considered credible in the first place.

   LThese two contradictory facts simply cannot be reconciled.

  LThe 1967 Marfeo prosecution memorandum states that 
the electronic surveillance of Barboza proves that ``his 
testimony is true[,]'' and this is ``of special significance.'' 
Thus, federal prosecutors were convinced that the microphone 
surveillance provided accurate information. This weakens their 
claims that his Deegan testimony was unremarkable.

  LThe 1967 Marfeo prosecution memorandum states that 
``[Barboza's] testimony will be corroborated in certain parts 
by Patrick Fabiano's testimony with respect to the fact that 
[Barboza] had been well acquainted with Tameleo prior to the 
offenses charged here and that both Tameleo and [Barboza] had 
conferred together on numerous occasions at the Ebb Tide Club 
in Revere, Massachusetts.'' This is potentially significant 
because three months earlier FBI Director Hoover's office had 
been informed that, in order to save himself, Barboza ``may try 
to intimidate Fabiano into testifying to something he may not 
be a witness to.'' \1036\ This information appears to have been 
left out of the prosecution memorandum.
---------------------------------------------------------------------------
    \1036\ Memorandum from Special Agent in Charge, Boston FBI Field 
Office, to J. Edgar Hoover, Director, FBI (Mar. 28, 1967) (Exhibit 
134).

  LThe 1979 Ciulla race-fixing prosecution memorandum 
provides extremely important information about how 
prosecutorial discretion was exercised to benefit FBI 
informants James ``Whitey'' Bulger and Stephen Flemmi. It 
demonstrates that former U.S. Attorney Jeremiah O'Sullivan's 
testimony before the Committee is subject to question. Perhaps 
more important, it shows that a 1997 FBI Office of Professional 
Responsibility conclusion that prosecutorial discretion had 
never been exercised by the federal government on behalf of 
---------------------------------------------------------------------------
James Bulger and Stephen Flemmi was not correct.

As these observations make clear, these documents have been 
very important to the Committee's investigation. It is 
regrettable that the Committee's good faith effort to 
investigate Justice Department corruption in New England was 
impeded by the Justice Department's refusal to negotiate over 
these documents.

                  VI. Conclusions and Recommendations

    Democracy succeeds in the United States when the rule of 
law is respected. When the government strays from the rule of 
law, the harm outweighs the benefit. In Boston, this is what 
happened. As a result, men died in prison--and spent their 
lives in prison--for crimes they did not commit. A number of 
men were murdered because they came to the government with 
information incriminating informants. Government officials also 
became corrupted. The legacy of the Justice Department's use of 
informants in New England is a lack of confidence in those 
charged with administering our laws, families torn apart by a 
government that permitted murders and unjust prison terms, and 
exposure of the government to civil liability that could amount 
to billions of dollars.
    The Committee on Government Reform is committed to ensuring 
that these abuses are not repeated. As a result of the 
Committee's investigation, the Committee has received numerous 
letters and other materials alleging misconduct by the FBI. The 
Committee intends to examine these allegations closely to 
determine whether the FBI handled them appropriately and to 
consider whether further investigation is warranted.
    The Committee also recommends further review of the FBI's 
human source program. The Committee has been informed by the 
FBI that following the revelations regarding the misuse of 
informants, FBI Director Robert Mueller has undertaken re-
engineering the administration and operation of human sources. 
This effort includes the centralization of the administration 
of all human sources, development of a ``Risk Factor Model,'' 
and, for certain categories of human sources, implementation of 
a validation process. Each FBI Field office has at least one 
human source coordinator, and 34 offices have two coordinators. 
Inspections and on-site assessments are conducted. Files are 
reviewed by Supervisory Special Agents and Assistant Special 
Agents in Charge at least every 60 days, and in some cases 
every 90 days. The FBI has implemented significant new training 
requirements in connection with its informant program.
    Other measures have been undertaken that may also prevent 
FBI misuse of informants. Director Mueller has undertaken a 
review of the Office of Professional Responsibility to ensure 
that the system of internal discipline is effective. The FBI is 
also seeking to enhance oversight and accountability of human 
source management in the wake of the revelations as a result of 
undertaking a new internal security program following the 
allegations against former Agent James Smith and his source 
Katrina Leung regarding the loss of classified information. In 
January 2001, the Department of Justice revised its 
Confidential Informant Guidelines that, among other things, 
established a Criminal Informant Review Committee consisting of 
senior FBI and Department officials. Finally, the Department of 
Justice's Inspector General now also has authority to 
investigate allegations of misconduct against employees of the 
FBI.
    The Committee will examine these reforms to ensure that 
they are being implemented and to ensure that, as implemented, 
they are effective.
    [The appendices referred to follow:]

                          A P P E N D I C E S

                              ----------                              


                 Appendix I.--Committee Correspondence



     Appendix II.--FBI Office of Professional Responsibility Report



                        Investigative Chronology

    The Committee's Report and the entries in this 
Investigative Chronology are supported by cases, memoranda, 
published books, articles, and reports, and other documents. 
The superscripts identify the number of the entry and 
generally, an associated exhibit. All exhibits that are 
referenced in the Committee's Report are reproduced and 
published in conjunction with the Report and the Investigative 
Chronology. Other exhibits that have been reproduced and 
published are generally those documents that are not currently 
available to the public or easily accessible by the public.

                                The 40's

    1945: Joseph Barboza is arrested at the age of thirteen for 
breaking and entering.\1\

    December 1949: The Boston Herald Traveler reports, ``In a 
space of a few days in December 1949, Barboza's gang broke into 
16 houses in various parts of New Bedford and stole money, 
watches, liquor and guns.'' \2\

    12-31-49: At age seventeen, Joseph Barboza is imprisoned 
for the first time.\3\

                                The 50's

    1-29-51: Dennis Condon becomes an FBI Special Agent. He 
retires on May 20, 1977.\4\

    2-26-51: H. Paul Rico joins the FBI. He retires on May 27, 
1975.\5\

    April 1952: Paul Rico is assigned to the Boston FBI 
Office.\6\

    7-13-53: At age twenty, Joseph Barboza leads a revolt and 
escapes from prison in Concord, Massachusetts.\7\

    5-19-54: Joseph Barboza is convicted of robbery by force 
and violence, assault and battery with a dangerous weapon, 
assault and battery, kidnapping, larceny of autos, and escape 
from prison. He is sentenced to 10-12 years, 8-10 years, 10-12 
years, 2\1/2\-3 years, and 2-3 years.\8\

    1-19-56: Dr. Daniel Levinson administers a psychological 
exam to Joseph Barboza. Dr. Levinson concludes that Barboza's 
``features make him look less bright than he actually is; his 
I.Q. is of the order of 90-100 and he has the intellectual 
ability to do well in a moderately skilled occupation.'' \9\

    3-5-56: A personal and confidential memorandum from the 
Special Agent in Charge (SAC) in Boston to FBI Director J. 
Edgar Hoover states the following information about James 
``Whitey'' Bulger: ``This office had known Bulger because of 
his suspected implication in TFIS tailgate thefts. We knew of 
his extremely dangerous character, his remarkable agility, his 
reckless daring in driving vehicles, and his unstable, vicious 
characteristics.'' Agents Paul Rico and Herbert F. Briick, 
``undertook to develop a PCI [Possible Confidential Informant] 
who could and would inform on Bulger's location. . . . SA's 
Briick and Rico continued to contact redacted and ultimately 
developed his confidence and willingness to cooperate.'' The 
SAC recommends that Rico, who took Bulger in to physical 
custody, and the other agents involved in Bulger's arrest 
receive a letter of commendation, with particular emphasis on 
``the fine work of SA's Rico and Briick in cultivating the 
informant who made the arrest possible.'' \10\

    3-28-56: In a letter from FBI Director Hoover to Paul Rico, 
Hoover notifies Rico of his promotion to the position of 
Special Agent. Hoover states, ``It is a pleasure to approve 
this promotion in view of your superior accomplishments in 
connection with the Bank Robbery case involving James J. 
Bulger, Jr., and others.'' Hoover also commends Rico for his 
outstanding work ``in developing a valuable source of 
information'' and ``in developing other confidential sources of 
information.'' \11\

    3-13-58: A psychiatric report by Dr. Saltzman states that 
Joseph Barboza has a ``sociopathic personality disturbance, 
anti social reaction.'' He continues, ``There is always a great 
possibility of further anti social behavior in the future.'' 
\12\

    7-12-58: Joseph Barboza marries Philomena Termini.\13\

    9-6-58: Joseph Barboza is convicted of possession of 
burglary tools and attempted breaking and entering. He is 
subsequently sentenced to 3-5 years.\14\

    11-14-58: Joseph Barboza is convicted of attempted breaking 
and entering at night with intent to commit larceny and 
possession of burglary tools. He is subsequently sentenced to 
3-5 years.\15\

                                  1961

    2-13-61: In a letter from Attorney General Robert F. 
Kennedy to the Honorable Mortimer M. Caplan, IRS Commissioner, 
Kennedy lists Raymond Patriarca, as one of the 39 top echelon 
racketeers in the country targeted for investigation and 
prosecution.\16\

    3-1-61: In an FBI Memorandum from Director Hoover regarding 
the Criminal Intelligence Program, Hoover states, ``I desire to 
insure [sic] that each office is fulfilling its obligations 
under this program and to be certain we have that type of 
coverage of the criminal underworld comparable to that which we 
achieved in our investigations of the Communist Party. . . . 
You should carefully . . . follow through with a planned 
program to develop high-level live informants[.] It cannot be 
stressed too strongly that this matter is to receive your 
personal attention and that having understood the Bureau's 
objective, effective and vigorous action is to be exerted to 
accomplish the aims outlined.'' \17\

    3-14-61: An FBI Letter to Field Office SACs regarding 
criminal informants states in relevant part: ``Through well 
placed informants we must infiltrate organized crime groups to 
the same degree that we have been able to penetrate the 
Communist Party and other subversive organizations. . . . Today 
the press, television, and radio along with the express 
interests of the Administration keep this phase of criminal 
activity in a position of prominence in the public eye. 
Certainly we cannot relax even momentarily our efforts in 
combating the criminal underworld including the prosecution of 
Top Hoodlums. The foundation from which we forge our attack 
must be kept strong and fresh with a full flow of information 
from well placed informants. . . . All Agents in conducting 
investigation of criminal matters should be constantly alert 
for the development of new informants and new potential 
informants who may be in a position to assist us.'' \18\

    4-27-61: The Attorney General held a meeting in his office 
regarding the Organized Crime and Racketeering Section. Those 
in attendance were: Deputy Attorney General White, Assistant 
Attorney General Miller, Walter Sheridan, a special consultant 
to the Attorney General with reference to organized crime 
matters; Edward Silberling, Head of the Organized Crime and 
Racketeering Section, and his assistant, Henry Petersen. ``The 
Attorney General stated in very emphatic terms his 
dissatisfaction with the lack of progress by the Organized 
Crime and Racketeering Section. . . . The Deputy Attorney 
General pointed up the need for the receipt of full information 
in order to develop a case and cautioned against too speedy 
action. The Attorney General took issue with this, saying that 
while it was necessary to develop information, nevertheless, he 
expected the attorneys in the Organized Crime Section to be 
more aggressive and get something accomplished. . . . The 
Attorney General concluded the meeting by reiterating that he 
was going to insist on action being taken by the Organized 
Crime and Racketeering Section and he expected something to be 
accomplished. He advised he intended to hold another meeting on 
May 20 and by that time, those in the section would have to be 
in a position to report more favorably or he might have to take 
other action to get the job done.'' (This information is 
contained in an FBI Memorandum from C.A. Evans to Mr. Parsons 
dated April 28, 1961).\19\

    6-21-61: The Top Echelon Criminal Informant Program was 
inaugurated. (See 12/7/62 entry). A letter from Director Hoover 
to FBI SACs states in relevant part: ``To successfully complete 
our intelligence picture of the controlling forces which make 
organized crime operative, it is now urgently necessary to 
develop particularly qualified, live sources within the upper 
echelon of the organized hoodlum element who will be capable of 
furnishing the quality information required. The most 
significant information developed to date indicating 
organization among the nation's hoodlum leaders has been 
obtained from highly confidential sources in Chicago, New York, 
and Philadelphia concerning the existence of a `commission' of 
top leaders of the organized hoodlum element exerting a 
controlling influence on racket activities in this country.'' 
Raymond Patriarca was listed as Boston's Top Hoodlum and as a 
``commission'' member. The letter further states that ``there 
is an urgent need for amplifying information which will reveal 
full details concerning the operations of these interrelated 
organized criminal groups throughout the nation. Our urgent 
need for new live sources strategically placed in the upper 
echelon of organized crime is brought into clear focus by the 
fact that no information regarding the `commission' has been 
reported by any live criminal source to date. . . . [I]t is 
mandatory that the development of quality criminal informants 
be emphasized and the existing program be implemented and 
greatly expanded. You are again reminded that the penetration 
and infiltration of organized criminal activity is a prime 
objective of the Bureau, and to accomplish this it is necessary 
to give a renewed impetus to the development of quality 
criminal informants. . . . [T]he best source we could possibly 
obtain would be a criminal informant who is highly placed in 
organized crime. . . . To insure [sic] the success of this 
program, it is necessary to utilize Special Agents with the 
will and desire to employ new approaches and means to secure 
the Bureau's goals.'' Selection of a particular criminal 
informant should be based on ``a combination of a particular 
hoodlum's qualification by virtue of his position in the 
organized crime hoodlum element, and upon circumstances 
indicating his possible vulnerability to development. . . . To 
properly develop informants of this caliber, varied approaches 
can and should be utilized, dependent upon the individual under 
development. . . . Every office is being advised of this 
program since in the future it may be appropriate to expand it 
to include additional offices. . . . This program has, as its 
primary purpose, the development of quality criminal 
intelligence informants. The two most important components of 
this program are the selection of individuals for development 
as informants and the designation of the Special Agents who 
will participate.'' \20\

                                  1962

    3-6-62: The FBI installs electronic microphone surveillance 
at Raymond L.S. Patriarca's office at the Coin-O-Matic 
Distributing Company, located at 168 Atwells Avenue in 
Providence, Rhode Island. ``[F]rom March 6, 1962 until July 12, 
1965, inclusive, agents of the Federal Bureau of Investigation 
(hereinafter called `F.B.I.') maintained an electronic 
surveillance of the place of business of a business associate 
of the defendant [Louis ``the Fox'' Taglianetti] located at 168 
Atwells Avenue, in the City of Providence, in the State of 
Rhode Island. The overall purpose of said surveillance was to 
gather criminal intelligence with respect to organized crime. 
It was conducted under the direction of Mr. John F. Kehoe, Jr., 
a Special Agent in Boston. . . . At the end of each day said 
log and tape recording were mailed or delivered to Special 
Agent Kehoe in Boston. . . . Special Agent Kehoe would review 
the log and listen to the tape recording. After doing so, he 
would dictate a memorandum and an airtel summarizing the 
contents thereof. The tape recording would then be routinely 
erased.'' (U.S. v. Taglianetti, 274 F. Supp. 220, 223 (1967); 
see also Memo from SAC, Boston to Director, FBI dated 5/31/62; 
Richard Connolly, The Story of the Patriarca Transcripts, 
Boston Globe, Sept. 21, 1971)).\21\

    3-12-62: In an airtel from FBI Director Hoover to the SAC 
in Boston regarding Raymond Patriarca, FBI Director Hoover 
orders, ``You are authorized to discontinue submission of daily 
teletypes in this case and in lieu of same submit summary type 
airtels on Tuesday and Thursday of each week. . . . This case 
is to continue to receive full-time attention and every effort 
must be made on a daily basis to develop any criminal violation 
which Patriarca is committing or has committed with any 
relevant statute of limitations period.'' \22\

    3-30-62: Memorandum from Director Hoover to the personal 
attention of the SAC in Boston. The memorandum states that on 
March 6, 1962, the Boston SAC activated the microphone 
surveillance at Raymond Patriarca's place of business in 
Providence, Rhode Island. The memorandum discusses the ``wealth 
of worthwhile information'' obtained from the microphone. The 
memorandum authorizes the Boston SAC ``to give immediate 
consideration to submitting recommendations for incentive 
awards and/or commendations for the personnel responsible for 
the success of this matter.'' (Hoover later receives 
recommendations to keep the surveillance in place. See, e.g., 
Memorandum from SAC, Boston, to Director, FBI (Oct. 2, 1963); 
Airtel from Director, FBI, to SAC, Boston (Mar. 3, 1964)).\23\

    4-9-62: Memorandum from Director Hoover to the personal 
attention of the Boston SAC discussing ``additional misur 
[microphone surveillance] coverage.'' \24\

    4-10-62: An FBI letter to Field Office SACs entitled, 
Criminal Intelligence Program--Necessity of Affording 
Protection to Highly Confidential Informants and Techniques 
states: ``It is mandatory that our highly confidential 
informants and techniques are afforded complete protection at 
all times. When attributing information to these sources, care 
must be exercised in order that our operations are not impaired 
through the divulgence of their identities.'' \25\

    May 1962: Joseph Barboza is arrested for assault and 
battery with a deadly weapon but no disposition is given.\26\

    5-8-62: The Boston SAC prepares a memorandum to Director 
Hoover noting that Raymond Patriarca is one of the original 
forty hoodlums selected by the FBI for intensive investigation 
and early prosecution.

    5-31-62: In a memorandum from the Boston SAC, Director 
Hoover is informed that since the microphone surveillance was 
installed on March 6, 1962, in Raymond Patriarca's office in 
Providence, Rhode Island, it ``has furnished a wealth of 
worthwhile information concerning Patriarca's activities and 
associates.'' The memo further states that the microphone 
surveillance ``has shown that Patriarca exerts real control 
over the racketeers and racketeering activities in Rhode Island 
and Massachusetts . . . and has also shown definite connections 
between Patriarca and the New York City hoodlum element and has 
strongly indicated that Patriarca is a member of the 
`commission.' '' The memorandum recommends that the microphone 
surveillance be continued until September 5, 1962.\27\

    8-1-62: The Boston SAC prepares a memorandum to Director 
Hoover stating: ``In accordance with Bureau instructions set 
forth in re[ferenced] let[ter], a complete review has been made 
of the entire program of inquiry concerning gambling matters in 
the Boston Division. This review points out that the primary 
target of this office has been to develop admissible evidence 
which would result in the prosecution of Raymond L.S. Patriarca 
. . . . In furtherance of this phase, Boston informant 837-C* 
[microphone surveillance] has been developed and this informant 
has indicated clearly that Patriarca is conducting activities 
which appear to be in violation of the ITAR statute. Intensive 
efforts are continuing to develop proof of his involvement. 
This investigation, which is being conducted, consists of 
surveillances to determine contacts outside his regular place 
of business and to identify his lieutenants and close 
confidants. Informants are being utilized and where information 
is developed which can be disseminated, it is being furnished 
to other law enforcement agencies for the purpose of harassing 
Patriarca and his associates with the hope that a provable 
violation may develop. Patriarca's activities seem to concern 
gambling, attempts to corrupt officials and he furnishes 
general aid and counsel to assorted members of the underworld. 
In investigating those who are identified as lieutenants or 
close associates of Patriarca, it is felt that some violation 
of which they are guilty might serve as a leverage to break 
through the barriers with which Patriarca has surrounded 
himself. Some of the persons close to Patriarca and identified 
to date, have been Gennaro [Jerry] Angiulo and his brothers . . 
. Henry Tamaleo [sic], Samuel Granito and Ted Fuccillo. . . . 
As the Bureau is aware, the data being made available regularly 
through BS 837-C* [microphone surveillance] highlights the 
activities of these individuals. Probing of individual 
situations has been and will be intensified. Wherever possible, 
efforts are made to so utilize this information so as to 
develop separate independent cases.'' Four examples of 
independent cases currently being developed against Henry 
Tameleo, Raymond Patriarca, Herbert Ashton Page, Jr., and Carl 
L. Strobeck were discussed. The memorandum states that two of 
these cases will go before a grand jury soon and convictions in 
these cases could lead to more information on other crimes.\28\

    8-9-62: According to an FBI memorandum, IRS Agent Edgerly 
was paid money to ``straighten out'' the Nicholas Angiulo tax 
case.\29\

    8-14-62: Director Hoover notifies the Boston SAC that the 
``[r]eferenced airtel [8-9-62 Airtel from Boston SAC] sets 
forth information regarding Internal Revenue Service Agent 
Edgerly who reportedly accepted a payment of $3,000 in 
connection with his handling of the [Jerry] Angiulo 
investigation. In order that this information may be properly 
disseminated to the Internal Revenue Service and to the 
Department you should promptly furnish further identifying 
information regarding Edgerly, including his full name. You 
should also include available information regarding the actual 
outcome of the Internal Revenue Service case involved. . . . 
Note: BS 837-C* [microphone surveillance] advised that Jerry 
Angiulo informed Raymond Patriarca on 8-3-62 that IRS Agent 
Edgerly had accepted $3,000 to straighten out Nick Angiulo's 
case.'' Additional corruption is mentioned. In a letter dated 
November 21, 2001, the IRS informed this Committee that it 
``could not identify'' the aforementioned Agent Edgerly. 
(However, see 1975 entry regarding a rogue IRS Agent.) The IRS 
also indicated to this Committee that it was unable to identify 
the Nicholas Angiulo tax case.\31\

    10-11-62: Raymond Patriarca takes a polygraph test 
regarding allegations of his involvement in a mail robbery.\32\

    11-15-62: Director Hoover authorizes microphone 
surveillance of Jerry Angiulo, the ``over-all boss of rackets 
in the Boston area'' and ``chief lieutenant of Raymond L.S. 
Patriarca, notorious New England hoodlum,'' at Jay's Lounge in 
Boston, Massachusetts.\34\

    11-27-62: In a memorandum, Director Hoover requests of the 
Boston SAC: ``Advise your progress in connection with the 
installation at Jay's Lounge, 255 Tremont Street, Boston, 
Massachusetts.'' \34\

                                  1963

    1-9-63: The FBI commences microphone surveillance on Jerry 
Angiulo at Jay's Lounge, located at 255 Tremont Street in 
Boston, Massachusetts. The FBI assigns BS 856-C* as the 
reference code for the Jay's Lounge bug.\35\

    2-21-63: Dennis Condon receives a $150 cash award for his 
contributions to the establishment of a ``highly confidential 
source of information'' of interest to the Bureau in the 
criminal field regarding Jerry Angiulo. [Note: The reference to 
a ``highly confidential source of information'' is referring to 
microphone surveillance.] \36\

    3-12-63: Microphone surveillance at Jay's Lounge picks up 
Jerry Angiulo speculating that Ronald Cassesso may be an 
informant.\37\

    4-22-63: Joseph Barboza divorces Philomena Termini.\38\

    5-9-63: During a conversation with Raymond Patriarca, Jerry 
Angiulo states that John Callahan had approached him and ``John 
Callahan, Chairman of the Boston Licensing Board, Boston, 
Mass., stood up 100%.'' \39\

    8-8-63: The FBI learns from the Raymond Patriarca 
microphone surveillance: ``On 8/8/63 the informant advised that 
an unman [unknown man] was of the opinion that Rocco Balliro 
did not kill the child in Roxbury, Mass., several months ago 
for which crime Balliro is now being held. He is of the opinion 
that the police officers who were trying to apprehend Balliro 
at the time were responsible for the death of the child.'' \40\

    11-14-63: A memorandum to a top FBI official, named 
Belmont, from C.A. Evans, discusses a dispute between Salvatore 
Iacone and Jerry Angiulo. The memorandum states that a ``highly 
confidential source'' provided the following information: ``In 
the morning hours of 11/9/63 Angiulo's car was found riddled 
with bullets in the vicinity of his apartment in Boston, 
Massachusetts. The highly confidential source giving direct 
coverage of Angiulo has since furnished information indicating 
that Angiulo professes ignorance of the shooting. He is shown 
to have left his car at 3:30 a.m. the morning in which the 
shooting took place and the car had not been shot at at that 
time. It is possible the shooting was done by some person who 
mistakenly believed Angiulo was still in the car or done as a 
warning. The highly confidential source directly covering 
[Raymond] Patriarca in Providence, Rhode Island, has advised 
that on the day before the shooting Salvatore Iacone complained 
to Patriarca that Angiulo on the previous night had visited 
Iacone in the company of others and verbally abused him, 
calling him an obscene name on four different occasions during 
an argument over the proprietorship of the Indian Meadow 
Country Club of Worcester, a joint enterprise of Iacone and 
Angiulo. Iacone told Patriarca that he was about to kill 
Angiulo for this insult but that had restrained himself because 
of the possibility that such action would indicate disrespect 
for Patriarca. In reply Patriarca told Iacone that he should 
have killed Angiulo at the time the name was called and if 
Angiulo ever called Iacone the obscene name again Iacone had 
the right to kill Angiulo on the spot and no questions would be 
asked by Patriarca. The shooting of Angiulo's car occurred the 
following morning. We have had recent indications of a growing 
coolness in attitude by Patriarca toward Angiulo.'' This 
information came from ``very sensitive valuable sources.'' \41\

    11-21-63: The Boston SAC informs Director Hoover by 
memorandum that the FBI is monitoring Jerry Angiulo's contacts 
with his lawyer.\42\

    12-8-63: A memorandum from Boston SAC to Director Hoover, 
dated 1-31-64, states that the FBI learns from the Jerry 
Angiulo microphone surveillance that ``Jerry Angiulo complained 
that Suffolk County District Attorney Garrett Byrne upset the 
deal that he had made in connection with the sentencing of his 
brother, Nick, after conviction for the afore-mentioned 
charges. He said that he had made no deal with Judge Felix 
Forte, but that it was Forte's idea that if Nick Angiulo 
brought in the two individuals who allegedly accompanied Nick 
at the time of the assault on Albert Christensen, Forte would 
show leniency. He said that now since Garry Byrne pressured 
Forte, he, Forte, was backing down. Angiulo said that there was 
talk around that Forte had been reached by the Angiulos, but 
the truth of the matter was that they had not reached Forte, 
and Forte, according to Angiulo, did not have the guts to be a 
party to any deal.'' \43\

    In a separate airtel, Director Hoover tells the Boston SAC, 
``Boston should submit a weekly summary airtel to the Bureau 
setting forth information obtained from this source and a 
verbatim transcript of any significant data specifically set 
out.'' The airtel also states: ``In the future your airtels 
setting forth the information received from BS 856-C* can be 
set out as you would information received from a regular 
informant. By doing so, it will not be necessary to submit your 
communications as JUNE mail and the information can be filed in 
the regular case file.''

                                  1964

    1964: Informants report that Joseph Barboza is engaged in 
money lending activities.\44\

    From 1964 to 1966, Joseph Barboza is employed at Shawmut 
Insurance Company in Boston as a salesman and a clerk. Also, he 
works in a public relations capacity and payroll clerk for $100 
a week at the Blue Bunny Lounge and Duffey's Lounge.\45\

    5-4-64: Police find the body of Francis Regis Benjamin a 
couple of days after he is murdered. Vincent ``Jimmy'' Flemmi, 
who Vincent Teresa calls ``Vinnie the Butcher,'' allegedly 
committed the murder. (See 6-9-65 and 1973 entries).\46\

    5-7-64: The FBI installs an electronic eavesdropping device 
at the place of business of Joseph Modica, an associate of 
Raymond Patriarca's. The device is installed at the Piranha 
Finance Company on 85 State Street in Boston, Massachusetts. 
The conversations overheard at the Piranha Finance Company are 
reflected in memoranda, logs, and airtels. See Prosecution 
memorandum from Walter T. Barnes and Assistant U.S. Attorney 
Edward F. Harrington to Henry Petersen, Chief of the Organized 
Crime and Racketeering Section (June 6, 1967) [Note: Executive 
privilege was claimed over this document. It is in the custody 
of the Justice Department].\47\

    5-25-64: Special Agent Dennis Condon writes in a memorandum 
that redacted was contacted on 5/22/64 and said he was in 
contact with Vincent ``Jimmy'' Flemmi. The memorandum 
continues, ``Flemmi told him that all he wants to do now is to 
kill people, and that it is better than hitting banks. . . . 
Informant said, Flemmi said that he feels he can now be the top 
hit man in this area and intends to be.'' \48\

    A letter from the Boston FBI Office to Director Hoover and 
the Newark SAC states: ``Informant stated that it appears that 
[Vincent `Jimmy'] Flemmi, a Roxbury, Mass. Hoodlum, will 
probably become the `contract man' in the Boston area.'' \49\

    6-4-64: In a letter from the Boston Office to Director 
Hoover, the Director is told ``[Vincent `Jimmy'] Flemmi is 
suspected of a number of gangland murders and has told the 
informant of his plans to become recognized as the No. One `hit 
man' in this area as a contract killer.'' The Director is 
further told that the informant is ``presently associated'' 
with Vincent ``Jimmy'' Flemmi.\50\

    8-21-64: A memorandum from Dennis Condon states that 
informant advised that ``[Joseph] Barboza told him that he 
[Barboza] heard that Jimmy Flemmi had killed Frank Benjamin and 
cut off his head.'' \51\

    9-15-64: The FBI Director is informed that the Raymond 
Patriarca microphone surveillance caught a conversation about 
Peter Limone giving Edward ``Teddy'' Deegan two guns.\52\

    9-28-64: Vincent ``Jimmy'' Flemmi throws a substance into 
the eyes of someone and knocks him unconscious. One week later, 
the victim still has not regained his sight. The informant who 
provides this information indicates that he thinks Vincent 
``Jimmy'' Flemmi has committed several murders. This 
information is contained in a memorandum from H. Paul Rico to 
the Boston SAC dated October 8, 1964.\53\

    10-8-64: Special Agent Paul Rico informs the Boston SAC by 
memorandum of the following: ``Informant advised that redacted 
section and [Vincent] ``Jimmy'' Flemmi wanted to be considered 
the `best hit man' in the area.'' \54\

    10-17-64: Anthony Sacrimone is murdered. Edward ``Teddy'' 
Deegan is the suspected killer. See 1993 entry.\55\

    10-18-64: The FBI learns from an informant that Vincent 
``Jimmy'' Flemmi wants to kill Edward ``Teddy'' Deegan. (This 
information is recorded in a memorandum from Special Agent Paul 
Rico to the Boston SAC and in another memorandum from the 
Boston SAC to Director Hoover.) \56\

    10-20-64: The Boston SAC informs Director Hoover by airtel 
that Vincent ``Jimmy'' Flemmi asked Peter Limone about Edward 
``Teddy'' Deegan. After Flemmi left, Limone called Deegan and 
told him Flemmi was looking for him concerning a $300 loan that 
Flemmi claimed Deegan owed him. Deegan denied owing the loan. 
Limone and Deegan believed that Flemmi was out to kill 
Deegan.\57\

    November 1964: Stephen Flemmi is first targeted as an 
informant, according to a Summary Report from the FBI Office of 
Professional Responsibility (published as Appendix II to the 
Report).\58\

    11-5-64: The Raymond Patriarca bug captures Raymond 
Patriarca telling Gennaro Angiulo that ``$5,000 was paid to the 
Massachusetts Attorney General Edward W. Brooke to obtain the 
acquittal of Patriarca's associate, Joseph Krikorian[.]'' \59\ 
This conversation was also reported in handwritten notes taken 
by the FBI Special Agent listening to the microphone 
surveillance.

    12-28-64: A letter from the Boston FBI Office to Director 
Hoover states that FBI Informant BS 771C was stabbed fifty 
times and then shot. His body is found in the South End. 
Vincent ``Jimmy'' Flemmi committed the murder, and Director 
Hoover was informed of this fact on the day of the murder.\60\

                                  1965

    1965: On July 18, 1967, FBI Agent Thomas H. Sullivan writes 
a report describing Joseph Barboza's activities in 1965. The 
report states, ``In 1965 it was rumored redacted section that 
Barboza was under contract to be assassinated since he was tied 
into the Buddy McLean-George McLaughlin feud. He was reported 
in frequent attendance at the Ebb Tide, Revere, Mass., with 
Romeo Martin and Ronnie Cassessa [sic]. In 1965, Barboza was 
rumored to be the killer of Joseph Francione.'' (See 7-18-67 
entry).\61\

    1-7-65: In an airtel from the Boston Office, Director 
Hoover is informed that ``Patriarca had told the group [on 1/4/
65] that is too bad the McLeans and the McLaughlins could not 
settle their feud over a handshake[.]'' \62\

    1-26-65: Joseph Francione is murdered. Vincent Teresa 
writes in his book, My Life In The Mafia, that Joseph Barboza 
went to Joseph Francione's apartment as a favor for his friend 
Johnny Bullets, since Francione cut Bullets out of a deal, and 
shot Francione through the back of the head. (See 1973 
entry).\63\

    An airtel from the Boston Office to Director Hoover 
indicates that the Patriarca microphone surveillance revealed 
that a man named Frankie told Raymond Patriarca that ``all the 
people are getting scared of Jimmy (apparently referring to 
[Vincent] James Flemmi) and asked Raymond [Patriarca] to talk 
to Jimmy and impress upon him that there should be no more 
killings in Boston.'' The surveillance further revealed that 
Louis Taglianetti met with Patriarca and expressed concern that 
the FBI had an interest in him, Taglianetti. Taglianetti also 
told Patriarca of an illegal scheme that he has been involved 
in for the past two years.\64\

    2-2-65: The Boston SAC apprises Director Hoover by airtel 
that the Raymond Patriarca microphone surveillance overheard 
Henry Tameleo say that Joseph Barboza killed Joseph Francione 
in Revere, Massachusetts.\65\

    2-24-65: Raymond Patriarca is told that ``Ronnie'' and 
Louis Greco are in Florida.\966\

    2-25-65: Dennis Condon receives a $150 incentive award for 
his outstanding work investigating and apprehending top ten 
fugitive George Patrick McLaughlin, the subject of an unlawful 
flight to avoid prosecution for murder.\66\

    3-3-65: A memorandum from the Boston FBI Office to Director 
Hoover dated 3-10-65 states: ``BS 837-C* advised on 3/3/65 that 
unman [``unknown man''] contacted Patriarca and stated he had 
brought down Vincent [``Jimmy''] Flemmi and another individual 
(who was later identified as Joe Barboza from East Boston, 
Mass.) It appeared that Frank Smith, Boston hoodlum, was giving 
orders to Flemmi to `hit this guy and that guy.' Raymond 
Patriarca appeared infuriated at Frank Smith giving such orders 
without his clearance and made arrangements to meet Flemmi and 
Barboza in a garage shortly thereafter. He pointed out that he 
did not want Flemmi or Barboza contacting him at his place of 
business.'' The following additional information obtained by 
the FBI took place between 3-3-65 and 3-10-65, and was sent to 
Director Hoover: ``Angiulo told Patriarca that Vincent 
[``Jimmy''] Flemmi was with Joe Barboza when he, Barboza, 
killed Jackie Francione in Revere, Mass. Several months ago. It 
appeared that Frank Smith, Boston hoodlum, had ordered the 
`hit.' Patriarca again became enraged that Smith had the 
audacity to order a `hit' without Patriarca's knowledge. 
Patriarca told Angiulo that he explained to Flemmi that he was 
to tell Smith that no more killings were to take place unless, 
he Patriarca, cleared him. Jerry explained that he also had a 
talk with Flemmi. He pointed out that Patriarca has a high 
regard for Flemmi but that he, Patriarca, thought that Flemmi 
did not use sufficient common sense when it came to killing 
people. Angiulo gave Flemmi a lecture on killing people, 
pointing out that he should not kill people because he had an 
argument with him at any time. If an argument does ensue, he 
should leave and get word to Raymond Patriarca who, in turn, 
will either `OK' or deny the `hit' on this individual, 
depending on the circumstances.'' \67\

    3-4-65: Handwritten notes of the Patriarca microphone 
surveillance state as follows for 11:20 a.m.: ``UNMAN [unnamed 
man] in to see [Patriarca]--says he saw Henry Tameleo last 
night in Boston. He says he brought down Flemmi and another 
guy--since [illegible word] and involvement he should know 
about--Frank Smith is going around giving orders to hit this 
guy & that guy. R.P. [Patriarca] wants to know where they are. 
Man says in [illegible word] Parking Lot. R.P. [Patriarca] then 
says since they are here I'll see them. He tells Richie--office 
worker to go with man and show them where Badway's Garage is--
he tells man I'll see you over there.'' Patriarca came back to 
his office at 12:15 p.m. (Document on File at the Department of 
Justice).

    3-5-65: Handwritten notes of the Patriarca microphone 
surveillance cover a discussion between Gennaro Angiulo and 
Raymond Patriarca about how Angiulo was trying to influence 
clerks to Judge Ford. The names of the clerks are provided, so 
it can be determined whether they were discussing Judge Ford or 
Judge Forte. Angiulo also states that a certain Assistant 
United States Attorney is ``his boy.'' The notes make it seem 
that a man named ``Flemming'' or ``Fleming'' is a part of the 
conversation. A comment in the margin states ``Flemmi with 
Barbosa [sic] when whacked Francione.'' States that Sacrimone 
was with McLean and that Deegan, who killed Sacrimone, was with 
McLaughlin.

    3-5/7-65: In a memorandum from the Boston SAC to Director 
Hoover dated 3-10-65, Hoover is notified of the following, 
which appears to have taken place between 3-5-65 and 3-7-65: 
``According to Patriarca, another reason that redacted came to 
Providence to contact him was to get the `OK' to kill Eddie 
Deegan of Boston who was with redacted section. It was not 
clear to the informant whether he received permission to kill 
Deegan; however, the story that redacted had concerning the 
activities of Deegan in connection with his, Deegan's, killing 
of [Anthony] Sacrimone was not the same as redacted section.'' 
(See 3-10-65's second entry) [Note: Due to Justice Department 
redactions, it is impossible to determine when the request to 
kill Deegan actually took place. However, a reasonable reading 
of the document seems to indicate that the request took place 
between March 5-7, 1965. On April 25, 2002, the Department of 
Justice released portions of this document to the Committee in 
unredacted form. That document also revealed that ``another 
reason that [Vincent `Jimmy'] Flemmi came to Providence to 
contact him was to get the `OK' to kill Eddie Deegan of Boston 
who was `with the McLaughlin,' Top 10 Fugitive.'' In addition, 
the unredacted document revealed that Flemmi's story 
``concerning the activities of Deegan in connection with his, 
Deegan's, killing of [Anthony] Sacrimone was not the same as 
Jerry Angiulo's.''] \68\

    3-9-65: Handwritten notes made by an FBI Special Agent 
while listening to the conversation indicate that Henry Tameleo 
told Patriarca that ``Brownie (ph) is coming today--they have 
been talking about Deegan (ph).'' Later, the notes continue: 
``Unman [unnamed man] says Jimmie (ph) is coming in today. They 
only want the stuff that is signed and the bearer bonds. The 
other stuff from Boston they don't want. (This probably refers 
to hot bonds Henry had.) Unman says Jimmie has a guy with him 
who is a real desperado.''

    The handwritten notes continue to describe the conversation 
between Raymond Patriarca and Joseph Barboza and Jimmy Flemmi: 
``Jimmie tells Raymond they are having a problem with Teddy 
Deegan (ph). Teddy did what he did to press some other people. 
Jimmie says that the kid [Rico Sacrimone] did not have to be 
killed. . . . Bobby Donati is friendly with Rico Sacrimone and 
Deegan is looking for an excuse to whack Donati. . . . Deegan 
thinks Donati is trying to set him up for Buddy McLean. Jimmie 
says Deegan is an arrogant, nasty sneak. Deegan fills Peter 
Limone's head with all kinds of stories. Raymond asks if they 
have discussed this matter with Jerry--They have. Raymond 
instructs them to check out Deegan and get more information 
about him.'' Later, Patriarca states that: ``the happiest days 
of his life were when he was on the street clipping.'' \967\

    A report by Charles Reppucci regarding the Raymond 
Patriarca microphone surveillance, and dated July 20, 1965, 
reads, ``[The microphone surveillance] advised on 3/9/65 that 
James Flemmi and Joseph Barboza requested permission from 
Patriarca to kill Edward `Teddy' Deegan, as they are having a 
problem with him. Patriarca ultimately furnished this `OK.' '' 
\69\

    On March 12, 1965, the Boston Office informs Director 
Hoover and the SACs of the FBI offices in Albany, Buffalo, and 
Miami by airtel that ``redacted advised on 3/9/65 that [Vincent 
``Jimmy''] James Flemmi and Joseph Barboza contacted [Raymond] 
Patriarca, and they explained that they are having a problem 
with Teddy Deegan and desired to get the `OK' to kill him. . . 
. Flemmi stated that Deegan is an arrogant, nasty sneak and 
should be killed. Patriarca instructed them to obtain more 
information relative to Deegan and then to contact Jerry 
Angiulo at Boston who would furnish them with a decision.'' 
``Investigation into Allegations of Justice Department 
Misconduct in New England,'' Hearings Before the Comm. on Govt. 
Reform, 107th Cong. at 132 (May 11, 2002).\70\ [On April 25, 
2002, the Department of Justice released this document to the 
Committee in unredacted form. The unredacted document revealed 
that the portion redacted was ``BS 837-C*''--the Patriarca 
microphone surveillance.]

    According to a memorandum from the SAC in Boston to 
Director Hoover, ``Vincent Jimmy Flemmi, aka `Jimmy' Flemmi, is 
being designated as a target in [the Top Echelon Criminal 
Informant Program].'' The document further states that ``Flemmi 
also is believed to be involved in the murders of the following 
individuals: redacted section.'' The document also states that 
Flemmi was the subject of an ``Unlawful Flight to Avoid 
Prosecution'' for armed robbery investigation.\71\ [On April 
25, 2002, the Department of Justice released this document to 
the Committee in unredacted form. The unredacted document 
revealed that Jimmy Flemmi murdered Frank Benjamin, John Murray 
and George Ashe.]

    3-10-65: Special Agent Paul Rico writes in an FBI 
memorandum dated 3-15-65, ``Informant advised [on 3-10-65] that 
he had just heard from `Jimmy' Flemmi that Flemmi told the 
informant that Raymond Patriarca has put out the word that 
Edward `Teddy' Deegan is to be `hit' and that a dry run has 
already been made and that a close associate of Deegan's has 
agreed to set him up.'' \72\

    A Boston airtel apprises Director Hoover that ``Redacted 
told [Raymond] Patriarca that Redacted was with Joe Barboza 
when he, Barboza, killed redacted in Revere, Mass. several 
months ago. . . . ``According to Patriarca, another reason that 
redacted came to Providence to contact him was to get the `OK' 
to kill Eddie Deegan of Boston who was with redacted section. 
It was not clear to the informant whether he received 
permission to kill Deegan; however, the story that redacted had 
concerning the activities of Deegan in connection with his, 
Deegan's, killing of [Anthony] Sacrimone was not the same as 
redacted section.'' \73\ [On April 25, 2002, the Department of 
Justice released this document to the Committee in unredacted 
form. That document revealed that Jerry Angiulo told Patriarca 
that Vincent ``Jimmy'' Flemmi was with Barboza when Barboza 
killed Jackie Francione. That document also revealed that 
``another reason that [Vincent `Jimmy'] Flemmi came to 
Providence to contact him was to get the `OK' to kill Eddie 
Deegan of Boston who was `with the McLaughlin,' Top 10 
Fugitive.'' In addition, the unredacted document revealed that 
Flemmi's story ``concerning the activities of Deegan in 
connection with his, Deegan's, killing of [Anthony] Sacrimone 
was not the same as Jerry Angiulo's.'']

    3-12-65: Vincent ``Jimmy'' Flemmi is assigned as an 
informant to Special Agent Paul Rico. This information is 
contained in an FBI memorandum dated 6-10-65 from Inspector 
H.E. Campbell to Boston Special Agent in Charge James L. 
Handley.\74\

    Edward ``Teddy'' Deegan is killed in a Chelsea, 
Massachusetts, alleyway between 9:00 P.M. and 11:00 P.M.\75\

    Statement of Joseph Kozlowski states: ``About 10:P.M. went 
to Fourth St. Chelsea and saw a red car with motor running with 
three men sitting in it, two in the front and one in the rear 
seat. This car was parked about the second meter from Broadway 
between Broadway and Luther Place on the side near the P.A.V. I 
walked behind the car and saw the rear number plate Mass. Reg. 
# 404 - - - with the right half of plate folded towards the 
center obstructing the other three digits. I then went to the 
drivers [sic] side of the car and rapped on window motioning 
the driver to lower the window. As I did this the driver took 
off at a fast rate of speed and took a screeching turn to the 
right on Broadway. I observed that the man in the back had dark 
hair with a bald spot in center of head.'' \76\

    3-13-65: The same informant from the March 10 memorandum 
tells Special Agent Paul Rico in detail who killed Edward 
``Teddy'' Deegan and how. The informant said Vincent ``Jimmy'' 
Flemmi contacted the informant and said that Deegan was lured 
to the finance company to be killed. The memorandum states: 
``Informant advised that [Vincent] `Jimmy' Flemmi contacted him 
and told him that the previous evening Deegan was lured to a 
finance company in Chelsea and that the door of the finance 
company had been left open by an employee of the company and 
that when they got to the door Roy French, who was setting 
Deegan up, shot Deegan, and Joseph Romeo Martin and Ronnie 
Cassessa [sic] came out of the door and one of them fired into 
Deegan's body. While Deegan was approaching the doorway, he 
(Flemmi) and Joe Barboza walked over towards a car driven by 
Tony `Stats' [Anthony Stathopolous] and they were going to kill 
`Stats' but `Stats' saw them coming and drove off before any 
shots were fired. Flemmi told informant that Ronnie Cassessa 
[sic] and Romeo Martin wanted to prove to Raymond Patriarca 
they were capable individuals, and that is why they wanted to 
`hit' Deegan. Flemmi indicated that they did an `awful sloppy 
job.' This information has been disseminated by SA Donald V. 
Shannon to Capt. Robert Renfrew (NA) of the Chelsea, Mass. 
PD.'' Special Agent Paul Rico memorializes this information in 
a March 15, 1965, memorandum to the Boston SAC.\77\

    ``Three ex-convicts were questioned Saturday in connection 
with the gangland slaying of Edward [Teddy] Deegan[.]'' (3 
Quizzed In Chelsea Gang Killing, Boston Globe, Mar. 14, 
1965).\78\

    3-14-65: A Boston Police Department report on the Edward 
``Teddy'' Deegan murder, likely written by Detective William W. 
Stuart, contains the following information: ``From a reliable 
informant the following facts were obtained to the [Deegan 
murder]: Informant states that the following men were Joseph 
Barron aka Barboza, Romeo Martin, Freddie Chiampi, Roy French, 
Ronnie Cassesso, Tony Stats. (Greek) Chico Amico[.] . . . 
Informant states that they were over lounge in Revere when they 
received the call from French that everything was OK then they 
all left together. . . . Romeo Martin is a former informant but 
since hanging in the North End hasn't been to [sic] helpful. . 
. . Informant states that the reason for the killing of Deegan 
was that Barren [sic] claims that he is with the Hughes 
brothers and McLaughlins and he felt that Deegan was a threat 
to his friends in Roxbury (Flemmi & Bennett).'' \79\

    The Chelsea Police also received evidence about who 
murdered Edward ``Teddy'' Deegan. Lieutenant Thomas Evans of 
the Chelsea Police Department writes an undated report 
containing meticulous details of the Teddy Deegan murder. In 
the report, Lieutenant Evans states, ``I received information 
from Capt. Renfrew that a[n] informant of his had contacted him 
and told him that [Roy] French had received a telephone call at 
the Ebb Tide at 9 P.M. on 3-12-65 and after a short 
conversation he had left the cafe with the following men: 
Joseph Barboza, Ronald Cassesso, Vincent Flemmi, Francis 
Imbruglia, Romeo Martin, Nicky Femia and a man by the name of 
Freddi who is about 40 years old and said to be a `Strong arm.' 
They are said to have returned at about 11 P.M. and Martin was 
alleged to have said to French, `We nailed him.' '' There is no 
mention whatsoever of Joseph Salvati, Peter Limone, Henry 
Tameleo, or Louis Greco in the report.\80\

    3-15-65: Detective Lieutenant Inspector Richard J. Cass of 
the Massachusetts State Police writes a report to Captain of 
Detectives Daniel I. Murphy regarding the homicide of Edward 
``Teddy'' Deegan. The report states that Chelsea Officer James 
O'Brien was the routeman for the area where Deegan was found. 
Officer O'Brien checked the alley around 9:00 P.M. and turned 
the lights on; he returned around 10:59 P.M., found the alley 
lights out, explored the alley, and found Deegan's body. The 
report continues by stating that during the evening of Friday, 
March 12, Joseph Barboza was at the Ebb Tide with Francis 
Imbruglia, Ronald Cassosa (sic), Vincent Flemmi, Romeo Martin, 
Nick Femia and man known as ``Freddy.'' At about 9:00 P.M., Roy 
French received a phone call, and the above group left the Ebb 
Tide with him. According to the report, Chelsea Captain Joseph 
Kozlowski was around Fourth Street at about 9:30 P.M. and saw a 
red car with the motor running and three men inside. The rear 
license plate was obstructed. [This was Romeo Martin's car. See 
10-25-65 entry.] Officer Kozlowski approached the driver and 
the driver sped off. Officer Kozlowski described the driver as 
Romeo Martin. The man in the back seat was ``stocky with dark 
hair and a bald spot in the center of his head.'' In addition, 
the report states that the Massachusetts State Police received 
information three weeks ago indicating Deegan pulled a gun on 
Barboza at Ebb Tide, forcing Barboza to back down. Inspector 
Cass writes in his report: ``Unconfirmed information was 
received that Romeo Martin and Ronald Cassessa [sic] had 
entered the building and were waiting just inside the rear 
door. [Anthony] Stathopoulos was waiting on Fourth Street in a 
car and French and Deegan entered the alley. Deegan opened the 
rear door. He was shot twice in the back of the head and also 
in the body. The information at the time was that three guns 
were used. Lieutenant John Collins of Ballistics confirmed the 
report of three guns being used at a later time. Two men 
approached the car in which Stathopoulos was waiting and he 
took off.'' \81\

    Special Agent Paul Rico writes in a memorandum to redacted 
SAC that SA Donald Shannon allegedly provided information about 
the Edward ``Teddy'' Deegan murder to Captain Robert 
Renfrew.\82\ (See 3-13-65 entry).

    3-16-65: Director Hoover instructs the Boston SAC: ``At the 
earliest possible time that dissemination can be made with full 
security to BS 837-C* [Patriarca microphone surveillance], you 
should advise appropriate authorities of the identities of the 
possible perpetrators of the murders of [Anthony] Sacrimone and 
[Edward ``Teddy''] Deegan. Advise the Bureau when this has been 
done.'' [There are two versions of this document. The second 
document contains the following handwritten annotation: 
``already disseminated, Sacramone [sic] 10/18/64--Doherty, 
Everett PD, Deegan 3/15/65--Renfrew Chelsea PD''].\83\

    3-19-65: The Boston SAC advises Director Hoover by airtel: 
``Informants report that Ronald Casessa [sic], Romeo Martin, 
Vincent James Flemmi, and Joseph Barboza, prominent local 
hoodlums, were responsible for the killing. They accomplished 
this by having Roy French, another Boston hoodlum, set [Edward 
``Teddy''] Deegan up[.] French apparently walked in behind 
Deegan when they were gaining entrance to the building and 
fired the first shot hitting Deegan in the back of the head. 
Casessa [sic] and Martin immediately thereafter shot Deegan 
from the front. Anthony Stathopoulos was also in on the 
burglary but had remained outside in the car. When Flemmi and 
Barboza walked over to Stathopoulos's car, Stathopoulos thought 
it was the law and took off. Flemmi and Barboza were going to 
kill Stathopoulos also. . . . Efforts are now being made by the 
Chelsea PD to force [Anthony] Stathopoulos to furnish them the 
necessary information to prosecute the persons responsible. It 
should be noted that this information was furnished to the 
Chelsea PD and it has been established by the Chelsea Police 
that Roy French, Barboza, Flemmi, Casessa [sic], and Martin 
were all together at the Ebb Tide night club in Revere, Mass. 
and they all left at approximately 9 o'clock and returned 45 
minutes later. It should be noted that the killing took place 
at approximately 9:30 p.m., Friday, 3/12/65. Informant also 
advised that redacted had given the `ok' to Joe Barboza and 
`Jimmy' Flemmi to kill redacted section who was killed 
approximately one month ago.'' \84\

    3-23-65: An FBI memorandum from Special Agent redacted to 
the Boston SAC, dated 4-6-65, states the following: ``On 3/23/
65, PCI [Potential Confidential Informant] advised that Joe 
Barbosa [sic] is from East Boston and an ex-fighter, was very 
friendly with Romeo Martin, Ronnie Cassessi [sic] and redacted 
section. PCI stated that Barbosa [sic] was supposed `to have 
hit' Francione from Revere and Eaton. He stated that Barbosa 
[sic] reportedly killed Eaton with a Magnum gun. PCI stated 
that Barbosa [sic] was in prison with Benjamin who was murdered 
after he left prison and beheaded.

    He stated that Barbosa [sic] is a Portuguese kid who would 
otherwise be accepted into La Cosa Nostra except for his 
nationality. He stated that Barbosa [sic] claims that he had 
shot [Edward] Teddy Deegan with a .45 caliber gun. PCI related 
that Barbosa [sic] indicated that Roy French was with Deegan 
and another individual when Deegan was shot by Barbosa [sic] 
and two other individuals, one of whom informant believed was 
Romeo Martin.

    Redacted section. Informant stated that he had heard 
Barbosa [sic] indicate that one of the guys with Deegan whom 
they had planned to kill along with Deegan ran off when the law 
showed up and fled.

    PCI stated that rumors have it that Roy French actually set 
up Deegan to be killed.

    PCI stated that he had heard that Joe Barbosa [sic] was 
extremely friendly with Jimmy Flemma [sic] from Dudley Street. 
He stated that Barbosa [sic] had tried to reach Jimmy Flemma 
[sic] a short time ago and wanted to know if Flemma [sic] has 
gone to Providence to see Raymond (Patriarca). PCI subsequently 
determined from a source that Jimmy Flemma [sic] had gone to 
Providence, R.I. earlier on the day that Barbosa [sic] had 
tried to contact Flemma [sic].

    PCI stated that Jimmy Flemma [sic] had gone to Providence 
just before Teddy Deegan was slain in Chelsea. redacted 
section. redacted section. redacted section. PCI further 
advised that about a week ago, there was a big party for Romeo 
Martin at the Ebtide [sic] Restaurant and Bar in Revere and 
that [Edward] Wimpy Bennett, Jimmy Flemma [sic], redacted 
section, Roy French, Joe Barbosa [sic], Ronnie Cassessi [sic] 
and redacted section were in attendance. He stated that this 
party was in honor of the recent marriage of redacted 
section.'' [The informant information provided is categorized 
as ``very good.''] 85 See also Limone's Motion to Vacate 
Conviction and Dismiss Indictments. The Committee compiled the 
aforementioned names from two partially redacted versions of 
this document, one of which was from a version released by the 
Department of Justice to the Committee on April 25, 2002, that 
contained less redacted material.

    3-24-65: An airtel from the Boston SAC to Director Hoover 
discusses the Edward ``Teddy'' Deegan murder: ``In connection 
with the information furnished by BS 837-C* relative to the 
possible perpetrators of the murders of Anthony Sacrimone and 
Edward Deegan, Capt. Robert Renfrew (NA), Chelsea, Mass. PD, 
was advised of the same information, as furnished by redacted. 
This informant also furnished basically the same information as 
did BS 837-C* relative to the murder of Edward Deegan [this 
appears to be an error because Sacrimone was killed on 10/17/
64] on 10/17/64. This information was furnished to Inspector 
Henry Doherty of the Everett, Mass. PD on 10/18/64.'' The 
memorandum continues by stating: ``The Chelsea Police at that 
time had no knowledge of the murder; however, when the body was 
discovered, they immediately started to look for Roy French. 
French told them he was at the Ebb Tide night club, Revere, 
Mass., all night and their investigation has indicated that 
French got a telephone call about 8:45 p.m. After the phone 
call he left the Ebb Tide with Joseph Barboza, Vincent Flemmi, 
Ronnie Casessa [sic], Romeo Martin, and Frank [Francis] 
Imbruglia. Further investigation reflected that they all 
returned about 45 minutes later. The time of the murder was 
approximately 9:30 p.m., 3/12/65. Romeo Martin's car was 
identified by a Chelsea Police Officer as being parked with two 
men in it in the vicinity of the murder. When the police 
officer approached the car, it sped off.'' \86\

    3-26-65: Special Agent Dennis Condon drafts a memorandum 
that was completely redacted when released to this 
Committee.\87\

    4-5-65: The first reported contact between Vincent 
``Jimmy'' Flemmi as an informant and Special Agent Paul Rico 
occurs. Rico contacts Flemmi as an informant four times (5-10-
65, 6-4-65, 7-22-65 and 7-27-65) prior to Flemmi being closed 
on September 15, 1965.\88\

    4-8-65: A memorandum from the Boston SAC to Director Hoover 
and the New York SAC dated 4-13-65 states: ``Informant [BS 837-
C*] also advised [on 4-8-65] that [Jerry Angiulo told Raymond 
Patriarca that] Angiulo is of the opinion that Edward `Wimpy' 
Bennett and [Vincent] James Flemmi are `stool pigeons.' '' This 
memorandum also discusses how Vincent ``Jimmy'' Flemmi was paid 
$1,500 for disposing of the body of a girl. The handwritten 
notes prepared by Special Agent Murphy while listening to the 
microphone surveillance indicate that Flemmi also cut the body 
into pieces. In addition, the memorandum stated that Flemmi 
``admitted that he was very friendly with Det. William Stewart 
[sic].'' \89\

    4-9-65: An FBI Memorandum reflects information provided to 
Special Agent Paul Rico by Jimmy Flemmi.\90\ [There are a 
number of memoranda reflecting information provided by Flemmi 
to Rico. Flemmi was closed on September 15, 1965.]

    4-18-65: Raymond Patriarca is told that ``[Boston Police 
Department employee] Stuart must be getting info from the 
Feds.'' Gennaro Angiulo was also told that ``Stuart + Flemmi 
went to NYC on $100,000 of AMEXCO check (counterfeit) 5 or 6 
months ago[.]'' Patriarca is also told that Stuart and Flemmi 
were at a New York grand jury.\968\

    4-23-65: A three page FBI Memorandum is written on this 
date. This document was entirely redacted by the Justice 
Department when given to the Committee.\91\

    5-3-65: FBI informant Vincent ``Jimmy'' Flemmi, on his way 
to meet Joseph Barboza, is shot at by two individuals with 
shotguns. Flemmi is wounded. [This information is contained in 
a memorandum from the Boston SAC to Director Hoover dated 6-9-
65.] (See 6-9-65 entry).\92\

    Director Hoover is informed that the Raymond Patriarca 
microphone surveillance captured Patriarca questioning Jimmy 
Flemmi about his association with Detective William Stuart of 
the Boston Police. The summary notes that Patriarca ``was 
concerned with Flemmi being a `stool pigeon' for Stewart 
[sic].'' The surveillance also captured Patriarca giving Flemmi 
permission to ``finish off'' Frank Smith.\93\

    5-5-65: The Raymond Patriarca microphone surveillance 
gathers the following information: ``[I]nformant advised that 
Patriarca had been approached by Joseph Barboza, Ronald 
Cassessa [sic], and James Flemmi in order to obtain permission 
to kill Sammy Linden of Revere, Mass. The reason for this 
killing was that Linden was furnishing a considerable amount of 
money to the McLaughlin group in their efforts to kill various 
individuals of the McLean group. Subsequently the informant 
stated that Patriarca had not given a definite `OK' for the 
killing, but Barboza and his group was of the opinion that he 
did. Linden heard of the fact that he was marked for a `hit' 
and went to Joseph Lombardo of Boston, Mass. Lombardo, in turn, 
sent word to Patriarca, and after explaining the situation the 
`hit' was called off.'' [This information is contained in 
report prepared by Special Agent Charles Reppucci on 7-20-65.] 
\94\

    Also on this day, Henry Tameleo contacts Raymond Patriarca 
and tells him that Joseph Lombardo told Tameleo that he had 
heard that Barboza, Vincent ``Jimmy'' Flemmi and Ronald 
Cassesso received permission to kill Linden. Lombardo also told 
Tameleo to instruct Barboza and Flemmi not to kill Linden. 
[This information is contained in an airtel from the Boston SAC 
to Director Hoover and other field offices. (See 5-7-65 
entry)]. \95\

    5-7-65: The Boston SAC sends an airtel to Director Hoover 
and the SACs in New Haven, Connecticut, New York and 
Washington. The airtel cites the BS 837-C* [Patriarca 
microphone surveillance] as the source for the following: ``A . 
. . lengthy discussion took place wherein Joe Lombardo was very 
perturbed because Cassessa [sic] and Joseph Barboza were 
associating with the Flemmi brothers; and further, that 
information had been put out to the effect that Barboza was 
with Flemmi when they killed Edward Deegan.'' \96\

    5-12-65: By memorandum, Director Hoover informs the 
Attorney General Nicholas Katzenbach of microphone surveillance 
at Jay's Lounge, located at 255 Tremont Street in Boston, 
Massachusetts.\97\

    5-18-65: The Boston SAC notifies Director Hoover by airtel 
of the following developments concerning Raymond Patriarca: 
``Joe Barboza requests permission from Patriarca to kill some 
unknown person. This person lives in a three-story house but 
Barboza has never been able to line him up to kill him. Barboza 
told Raymond that he plans to pour gasoline in the basement 
part of the house and set it afire and thus either kill the 
individual by smoke inhalation or fire, or in the event he 
starts to climb out a window, Barboza would have two or three 
individuals there with rifles to kill him as he started to step 
out a window or door. Upon questioning by Patriarca, Barboza 
said that he had planned to cut the telephone wires so that the 
individual could not call for assistance and also to ring false 
alarms in other sections of the city so that the engines could 
not respond quickly. He also explained that the third floor 
apartment was vacant but the first floor apartment was 
apparently occupied by the intended victim's mother. This 
apparently caused no concern to Barboza who stated it was not 
his fault that the mother would be present, and he would not 
care whether the mother died or not. Patriarca told him that he 
did not think it was a good idea to effect the killing in the 
above manner and attempted to dissuade Barboza from this type 
of killing as innocent people would probably be killed. It was 
not clear to the informant whether Barboza accepted Patriarca's 
objections, but Patriarca indicated very strongly against this 
type of killing.'' \98\

    6-4-65: An airtel from the Boston SAC to Director Hoover 
states that the previous day ``[redacted] went into detail 
concerning the killing of Edward [Teddy] Deegan which had been 
previously reported, and the fact that the Attorney redacted of 
Everett, Mass., was called by Deegan's accomplice at the time 
Deegan was killed.'' The airtel later states ``Taglianetti 
discussed a yard which he contemplates using in order to make a 
`hit.' Informant did not know who Taglianetti was referring to, 
but possibly Willy Marfeo, which information had been 
disseminated previously. This group has been attempting to kill 
Marfeo for over one year, but has not been successful, as 
yet.'' \99\

    In a memorandum from Director Hoover to the Boston SAC, 
Hoover requests the following regarding BS 919 PC [Jimmy 
Flemmi]: ``Advise Bureau by 7/1/65 [the] status of your efforts 
to effect the development of the above-captioned target.'' 
\100\

    6-8-65: Special Agent Paul Rico advises Vincent ``Jimmy'' 
Flemmi ``of the FBI's jurisdiction and of his confidential 
relationship with the Bureau. Flemmi was told he was not a 
Bureau employee and that he was to furnish information only to 
the Bureau. He also was told that any payments he received are 
to be considered as income and he is not to contact the office 
personally.'' In response, Flemmi states that ``he is willing 
to aid the Bureau, as he can help put away the individuals who 
attempted to kill him.'' \101\

    6-9-65: The Boston SAC writes a memorandum to Director 
Hoover, in response to Director Hoover's inquiry five days 
earlier: ``It is known through other informants and sources of 
his office that this individual has been in contact with 
Raymond L.S. Patriarca and other members of La Cosa Nostra in 
this area, and potentially could be an excellent informant. 
Concerning the informant's emotional stability, the Agent 
handling the informant believes, from information obtained from 
other informants and sources, that BS-919-PC [Vincent ``Jimmy'' 
Flemmi] has murdered (redacted), (redacted), (redacted), 
(redacted), Edward `Teddy' Deegan, and (redacted), as well as a 
fellow inmate at the Massachusetts Correctional Institution, 
Walpole, Mass., and, from all indications, he is going to 
continue to commit murder. . . . Although the informant will be 
difficult to contact once he is released from the hospital 
because he feels that redacted section will try to kill him, 
the informant's potential outweighs the risk involved.'' \102\ 
[On April 25, 2002, the Department of Justice released an 
unredacted version of this document to the Committee. That 
document revealed that ``BS-919-PC [Jimmy Flemmi] has murdered 
Frank Benjamin, John Murray, George Ashe, Joseph Francione, 
Edward `Teddy' Deegan, and `Iggy' Lowry[.]'' The document 
further divulged that Flemmi feels that the McLaughlin group 
will try to kill him.]

    6-10-65: An FBI document indicates that James Vincent 
Flemmi was assigned to Special Agent Paul Rico on March 12, 
1965. (See 3-12-65 entry).\103\

    6-14-65: The Boston SAC is advised in an FBI Memorandum 
from Correlator Helen Hatch, that on 3-9-65 ``James [Vincent 
``Jimmy''] Flemmi and Joseph Barboza contacted [Raymond] 
Patriarca, and they explained that they were having a problem 
with [Edward] Teddy Deegan, and desired to get the `OK' to kill 
him. . . . Flemmi stated that Deegan is an arrogant, nasty 
sneak and should be killed. Patriarca instructed them to obtain 
more information relative to Deegan and then to contact Jerry 
Angiulo at Boston who would furnish them a decision.'' [See 3-
9-65 entry]. The memorandum also states that ``Joe Lombardo was 
very perturbed because Cassessa [sic] and Joseph Barboza were 
associating with the Flemmi brothers; and further, that 
information had been put out to the effect that Barboza was 
with Flemmi when they killed Edward Deegan.'' The memorandum 
also reiterates the same information provided in the FBI 
memorandum from Special Agent redacted to the Boston SAC, dated 
4-6-65. [See 3-23-65]. [This memorandum also appears to bear 
Paul Rico's signature, dated March 20, 1967, at the bottom of 
the first page.] \104\

    7-9-65: Romeo Martin is shot and killed. In his 1973 book, 
My Life In The Mafia, Vincent Teresa writes that Joseph Barboza 
killed Martin. Teresa provides the following account of the 
Martin murder: ``In the time I knew him [Barboza], he handled 
more than twenty-three murders, most of them on his own--I 
mean, they weren't ordered by the Office. Romeo Martin is a 
typical example of what I mean. This was in 1965 [sic], in 
July. I'd been out all day with Castucci and Romeo playing 
golf. Romeo was planning to leave for Florida the next day with 
his wife. He'd just gotten married and was going to Florida for 
sort of a honeymoon. After we'd played golf, I told Romeo to 
come over to the Ebbtide for a steak dinner and a couple of 
drinks. While we're talking, he said that he and Barboza, after 
busting up a club, had had an argument. He said he'd shaken the 
owner down for more money than he was supposed to and had held 
out on Barboza. Barboza had found out and threatened to kill 
him. . . . When he [Martin] went outside, Barboza and Cassesso 
were waiting for him. They grabbed him, took him someplace, and 
pumped five slugs into him before dumping his body. When the 
cops found him, [Henry] Tameleo blew his top at me. . . . [H]e 
said[,] `Why didn't you get a hold of Joe [Barboza] and stop 
it?' . . . [I responded,] `Christ, Henry [Tameleo], they were 
supposed to be friends. Who knows this animal is going to kill 
him?' That's how treacherous Barboza was. The slightest thing, 
the slightest word and he'd want to kill you.'' (See 1973 and 
1-29-74 entries).\105\

    7-12-65: The microphone surveillance on Raymond Patriarca 
is discontinued. See Prosecution memorandum from Walter T. 
Barnes and Assistant U.S. Attorney Edward F. Harrington to 
Henry Petersen, Chief of the Organized Crime and Racketeering 
Section regarding Raymond Patriarca, Henry Tameleo, and Ronald 
Cassesso (June 6, 1967). [Note: Executive privilege was claimed 
over this document. It is in the custody of the Justice 
Department.]

    7-20-65: A report by Charles Reppucci of the Boston FBI 
Office discusses the Raymond Patriarca microphone surveillance. 
The report reads, ``[The microphone surveillance] advised on 3/
9/65 that James Flemmi and Joseph Barboza requested permission 
from Patriarca to kill Edward `Teddy' Deegan, as they are 
having a problem with him. Patriarca ultimately furnished his 
`OK.' '' \106\ [See also 3-9-65 entry.]

    7-27-65: Special Agents Paul Rico and Raymond Ball author a 
memorandum to the SAC regarding BS 919-PC (Vincent ``Jimmy'' 
Flemmi) stating, ``Informant advised that he himself is still 
recovering from wounds after being shot by Jimmy O'Toole and 
two other unknown individuals, whom he believes were Stevie 
Hughes and Edward `Punchy' McLaughlin. . . . Informant also 
advised his biggest regret is that he did not kill George 
McLaughlin . . . before he became sought for murder.'' \107\

    9-10-65: An FBI memorandum indicates that ``Redacted 
Section advised that Joseph Barboza had been arrested Friday 
night, September 10, 1965, for beating a policeman with a gun 
at the Ebb Tide in Revere, Massachusetts. Redacted section.'' 
\108\

    9-15-65: According to a memorandum from the Boston Office 
to Director Hoover, Vincent ``Jimmy'' Flemmi is closed as an 
informant after being charged with ``Assault with a Dangerous 
Weapon with Intent to Murder,'' after shooting John Cutliffe. 
The memorandum further states that Flemmi failed to appear in 
court on September 3, 1965. The memorandum continues, ``In view 
of the fact that informant [Jimmy Flemmi] is presently a local 
fugitive, any contacts with him might prove to be difficult and 
embarrassing. In view of the above, this case is being 
closed.'' [Paul Rico prepared this memorandum.] See also Robert 
Turner, Vincent Flemmi Missing; Target of Underworld, Boston 
Globe, Sept. 3, 1965.\109\

    10-20-65: Edward J. ``Punchy'' McLaughlin is killed by 
Joseph Barboza and Chico ``Joseph'' Amico. See Vincent Teresa, 
My Life in the Mafia 173 (1973).\110\

    11-3-65: The Boston SAC notifies Director Hoover by 
memorandum of a potential addition to the Top Echelon Criminal 
Informant Program, stating, ``Stephen Joseph Flemmi, FBI 
redacted is being designated as a target in this program.'' The 
Boston SAC continues, ``Although the LCN [La Cosa Nostra] in 
this area has not actively taken part in this gang war, there 
is every possibility that they may move into the picture in the 
near future and since Flemmi is in contact with the leaders of 
the different groups that are against the remaining McLaughlin 
faction, and that all these groups are very aware of the 
possibility of LCN moving in to support the McLaughlin group, 
it is felt that Flemmi will be in a position to furnish 
information on LCN members in this area.'' \111\

    11-15-65: Joseph Barboza murders Ray DiStasio, a member of 
the McLaughlin mob, and John B. O'Neil, an innocent bystander. 
In his book, My Life in the Mafia, Vincent Teresa writes, 
``Barboza went into the club [searching for a member of the 
McLaughin mob named Ray DiStasio] and caught DiStasio cold. The 
trouble was, a poor slob named John B. O'Neil, who had a bunch 
of kids, walked in to get a pack of cigarettes. Barboza killed 
them both because he didn't want any witnesses. DiStasio got 
two in the back of the head and O'Neil got three. It was a 
shame. I mean, this O'Neil was a family man--he had nothing to 
do with the mob. Barboza should have waited. That's why he was 
so dangerous. He was unpredictable. When he tasted blood, 
everyone in his way got it.'' (See 1973 entry).\112\

    11-19-65: Vincent ``Jimmy'' Flemmi is convicted of armed 
assault with intent to murder. He serves his time at the 
Massachusetts State Prison at Walpole and is discharged on 
March 28, 1969.\113\

    11-30-65: The Boston Globe reports that Joseph Barboza 
attended a bail hearing with his attorney, F. Lee Bailey. 
Assistant District Attorney for Suffolk County Jack Zalkind 
said he had three East Boston policemen in court who knew of 
three attempts to kill Barboza. Ed Burns and Gordon Hillman, 3 
Tries to Kill Barboza, Boston Globe, Nov. 30, 1965.\114\

                                  1966

    1966: Informants report that Barboza split with Connie 
Frizzi in loan sharking to go into partnership with Arthur 
Bratsos.\115\

    1-14-66: The United States Attorney's Office in Boston, 
Massachusetts, receives a Boston gangland murder report that 
includes a summary of the Deegan murder. The report, entitled 
``Boston Gangland Murders; Criminal Intelligence Program'' was 
prepared by John Kehoe Jr. and is dated January 14, 1966. It 
covers the investigative period between November 15, 1965, and 
January 11, 1966. This report was approved by Boston SAC James 
Handley and contains a section entitled ``Informants'' that is 
completely redacted except for the following sentence: 
``Redacted is BS 955-PC [Stephen Flemmi], contacted by SA H. 
Paul Rico.'' The synopsis of the report reads: ``This report 
contains information concerning the various gangland murders 
that have occurred in Boston and vicinity from 5/4/64 through 
11/15/65.'' The report states the following about the Deegan 
murder: ``Method of Killing Teddy Deegan's body was found in a 
doorway in the alley off Fourth Street, Chelsea, Massachusetts, 
behind the Lincoln National Bank, at 10:59 PM, Monday, March 
12, 1965. Shot in head and body with three different guns, one 
a .45 caliber and two .38 calibers. Background Edward Deegan 
was born January 2, 1930, Boston, Massachusetts, and was 
employed spasmodically as a laborer. His record consisted of 
`Larceny, Breaking and Entering, Felonious Assaults, Armed 
Robbery, Accessory After the Fact to Assault with a Dangerous 
Weapon, and Automobile thefts.' Redacted advised that James 
Flemmi has told him that Deegan was lured to a finance company 
in Chelsea, Massachusetts, where the door of the finance 
company had been left open by an employee. At that time he was 
accompanied by Roy French who was actually setting Deegan up to 
be killed, Joseph Romeo Martin, and Ronald Cassessa [sic]. All 
of these individuals hung out at the Ebb Tide restaurant in 
Revere, Massachusetts, and were close associates of Henry 
Tameleo, top lieutenant of Raymond L.S. Patriarca. While Deegan 
was approaching the doorway, James Flemmi and Joseph Barboza, 
hoodlums who were in the immediate vicinity, walked over to the 
car driven by Tony `Stats' Stathopoulos who had brought Deegan 
to the scene of the proposed burglary. Barboza and Flemmi were 
going to kill `Stats'; however, `Stats' saw them coming and 
immediately drove off before any shots were fired. Flemmi told 
informant that Ronald Cassessa [sic] and Romeo Martin wanted to 
prove to Raymond Patriarca they were capable individuals and 
that is why they wanted to `hit' Deegan. Flemmi indicated that 
they did an awful sloppy job. It should be noted that prior to 
the time Deegan's body was found, `Stats' apparently 
immediately proceeded to the offices of Attorney John 
Fitzgerald, thinking that the two individuals who approached 
him while waiting for Deegan to come out of the finance company 
were Police Officers. After telling Fitzgerald the story, 
Fitzgerald called the Chelsea, Massachusetts Police Department 
requesting information concerning Deegan. The Police Officer 
suggested that Fitzgerald come to the Police Department for the 
information, which Fitzgerald did. When he came the Police 
Officers, having no knowledge of the escape or shooting, and 
having not, as yet, found the body, talked to Fitzgerald at the 
station and commenced looking for the break. At this time they 
came upon the body of Deegan behind the finance company. The 
above information was furnished to the Police Department. 
However, as yet, they have not obtained sufficient evidence to 
warrant production against any of the above individuals.'' 
\116\

    3-9-66: Vincent ``Jimmy'' Flemmi goes to prison in 
Massachusetts for 4-6 years for armed assault with intent to 
murder.\117\

    3-31-66: According to Special Agent Paul Rico's FBI 
personnel records, Rico is rated excellent with comments that 
he had been assigned exclusively ``to the development of Top 
Echelon informants and had worked primarily on this important 
program.'' The comments further state that Rico ``had 
exceptional talent in his ability to develop informants and his 
participation was considered outstanding.'' \118\

    6-15-66: Rocco DiSeglio is murdered.\119\

    7-13-66: William Marfeo is shot and killed. Vincent Teresa 
writes in his book, Vinnie Teresa's Mafia, the following 
account of William Marfeo's murder: Butch Micelli's ``gang 
handled . . . the hit on Willie Marfeo, a bookie who tried to 
operate on his own on Federal Hill in Providence. Raymond 
[Patriarca] called [Joe] Paterno [from New Jersey] for outside 
talent to whack out Marfeo because Marfeo knew all our 
assassins. Butch paid a visit to the office in Providence, and 
two days later [July 13, 1966] Marfeo was shot while he was 
eating a pizza in the Korner Kitchen Restaurant in 
Providence.'' \120\

    9-23-66: Stephen Hughes and Samuel D. Lindenbaum are 
murdered. Vincent Teresa writes in My Life In The Mafia that 
``Barboza and Chico Amico knew that Hughes and Lindenbaum were 
heading for Lawrence to take over some numbers and lottery 
action'' and ``dropped Hughes and Lindenbaum right in their 
seats.'' \121\

    10-6-66: After receiving a letter from Joseph Barboza, 
Boston Herald reporter James Southwood writes, ``Barboza was 
arrested at gunpoint in downtown Boston with Nicholas F. Femia, 
27, Patrick J. Fabiano, 24, both of East Boston, and Arthur C. 
Bratsos, 33, of Medford. Police said the car the three were in 
had in it an Army M-1 rifle, a loaded .45 caliber automatic 
pistol and a knife. At the time, Barboza and Femia were out on 
bail in connection with a stabbing three months earlier. 
Because of the pending court action and a new charge of illegal 
possession of firearms, the bail set on Barboza was high--
$100,000.'' James Southwood, A Letter from Barboza, Why I 
Decided to Tell All, Boston Herald, July 9, 1967. [According to 
Vincent Teresa, this is when ``[t]he law then began applying a 
squeeze that was to force [Raymond] Patriarca to make fatal 
mistakes.'' (Vincent Teresa, My Life in the Mafia (1973).] 
\122\

    11-1-66: According to Dennis Condon's personnel file, he is 
``involved in a substantive error write-up case when a review 
of an informant file assigned to him disclosed an instance of 
failure to properly disseminate information obtained from the 
informant.'' The informant had reported that an individual who 
was a suspect in another FBI case had a machine gun in his 
possession and was ``crazy.'' Condon did not disseminate this 
information to the Treasury Department in accordance with the 
provisions of Manual of Instructions. Condon explained that he 
inadvertently failed to make the appropriate dissemination 
because the suspect was under active investigation by the FBI. 
The SAC initialed the serial for filing with the belief that 
the appropriate dissemination would be made in a separate 
communication. No administrative action was taken against 
Condon.\123\

    Arthur Bratsos and Thomas J. DePrisco are found dead. The 
Boston Herald reports, ``Bratsos [32 of Medford] and Thomas J. 
DePrisco, 27, of Roslindale, . . . friend[s] of Barboza, went 
out and tried to raise bail for [Barboza, who was in jail on a 
gun-carrying charge.] They started shaking down the wrong 
people and on Nov. 1, 1966[,] Bratsos and DePrisco were found 
in a black Cadillac in South Boston. They were dead. And the 
money was gone.'' James Southwood, A Letter from Barboza, Why I 
Decided to Tell All, Boston Herald, July 9, 1967; see also 
Killer Barboza Slain, Boston Herald, Feb. 12, 1976; 1973 entry. 
[Note: On January 25, 1967, Barboza is found guilty of the gun-
carrying charge and is sentenced to four to five years at 
Walpole. Nick Femia and Patrick Fabiano are sentenced with him. 
See 1-25-67 entry.] \124\

    11-7-66: The U.S. Supreme Court issues its landmark 
decision regarding electronic surveillance in Black v. U.S., 
385 U.S. 26 (1966). The Court finds that the listening ``device 
monitored and taped conversations held in the hotel suite 
during the period the [alleged criminal] offense was being 
investigated and beginning some two months before and 
continuing until about one month after the evidence in this 
case was presented to the Grand Jury. During that period, `the 
monitoring agents,' the Solicitor General advised overheard, 
among other conversations, exchanges between petitioner and the 
attorney who was then representing him (Black) in this case.'' 
Thus, the Court holds, ``In view of these facts it appears that 
justice requires that a new trial be held so as to afford the 
petitioner an opportunity to protect himself from the use of 
evidence that might be otherwise inadmissible.'' U.S. v. Black, 
385 U.S. 26, 27-29 (1966).\125\

    12-7-66: Joseph Barboza's partner Chico Joseph Amico is 
killed while Barboza is incarcerated in Charles Street 
Jail.\126\

    12-22-66: Director Hoover advises the Acting Attorney 
General by memorandum: ``The installation of the eavesdropping 
device placed in Jay's Lounge was made under the general 
authority of Attorney General Robert F. Kennedy. By memorandum 
of May 12, 1965, Attorney General Katzenbach was advised that 
the device had been in operation since January 9, 1963, and he 
authorized its continuance. It was discontinued on July 12, 
1965.'' This document was copied to the Deputy Attorney General 
and the Assistant Attorney General of the Criminal 
Division.\127\

    12-27-66: In U.S. v. Taglianetti, 274 F.Supp. 220, 221-22 
(D. R.I. 1967), the Court finds, ``[T]he Government filed with 
[First Circuit Court] of Appeals [on 12-27-66] a motion to 
remand the [Taglianetti] case to this court [U.S. District 
Court for the District of Rhode Island] for `further 
proceedings.' In said motion the Government stated in substance 
that the Federal Bureau of Investigation in March, 1962, 
installed a microphone, by means of a trespass, at the place of 
business of a close business associate of defendant [Louis 
Taglianetti] where defendant and others frequently met; that on 
various occasions between 1962 and 1965 defendant's 
conversations were monitored by agents of the Federal Bureau of 
Investigation, certain of which related to that indictment upon 
which the defendant was tried and convicted; that logs were 
kept in which there appear summaries of these and other 
conversations in which defendant participated; that although 
tape recordings were also made of said conversations, they were 
later routinely erased, but the logs are in existence[.]'' 
According to Taglianetti, ``on January 17, 1967, the Court of 
Appeals remanded said case for the limited purpose requested by 
the Government in its motion[.] . . . After said remand, this 
court, upon the motion of the defendant, entered its orders 
dated March 8, 1967 and April 17, 1967, directing the 
Government to deliver to the defendant and his counsel for 
examination and inspection copies of all logs containing 
summaries of all monitored conversations in which the defendant 
[Taglianetti] participated at said place of business of his 
close business associate, and copies of any and all memoranda 
and airtels summarizing such conversations.'' The defendants 
motion for production and inspection of all logs, memoranda and 
airtels containing summaries of the monitored conversations of 
other persons on said premises in which he did not participate. 
U.S. v. Taglianetti, 274 F. Supp. 220, 221-22 (1967).\128\

                                  1967

    1-25-67: Joseph Barboza, Nick Femia, and Patrick Fabiano 
are all found guilty on possession of weapons charges and 
immediately sentenced to prison. Barboza is sentenced to 4-5 
years for having a gun in an automobile, and 4-5 years for a 
similar charge involving a knife. These sentences will run 
concurrently. Barboza also is sentenced to 4-5 years probation 
following his prison term on a receiving stolen property 
charge. The Boston Globe reports, ``Extraordinary precautions 
were taken with the transport of Baron and Femia to state 
prison. . . . [P]recautions were taken because of `the climate 
in the underworld today.' In the past two years, 42 persons 
have been slain in gangland warfare.'' (Cornelius Moynihan, Two 
Others Convicted, Boston Globe, Jan. 26, 1967). [Note: The 
following year, law enforcement officials were concerned that 
Barboza would force Fabiano to provide perjured testimony in 
trials occurring in 1968. See 3-28-67 entry.] \129\

    2-7-67: According to the Justice Department, Stephen Flemmi 
began to work for the FBI as a Top Echelon Criminal Informant. 
(Interview with Assistant United States Attorney John Durham 
(Dec. 2, 2002)).

    2-14-67: Stephen Flemmi is approved as a Top Echelon 
Informant, according to an FBI Office of Professional 
Responsibility Report (published as Appendix II to the 
Report).\130\

    3-8-67: Special Agents Paul Rico and Dennis Condon 
interview Joseph Barboza at Walpole State Prison. Barboza says 
he will talk to the agents as long as they do not testify 
against him for what he tells them. The say they will respect 
his confidence. Barboza advised that ``as a matter of fact, he 
used to see Raymond Patriarca and get an `OK' before he made 
most of his moves.'' Barboza ``made statements that he was 
going to kill several'' people who killed three of Barboza's 
friends (Thomas J. DePrisco, Arthur C. Bratsos, Joseph W. 
Amico) and stole $70,000 from him. The agents learn that 
Barboza ``knows what has happened in practically every murder 
that has been committed in this area. He said that he would 
never provide information that would allow James Vincent 
[`Jimmy'] Flemmi to `fry' but that he will consider furnishing 
information on these murders.'' [There appears to be a redacted 
section immediately following this quote.] \131\

    3-21-67: Joseph Barboza is interviewed in Boston by H. Paul 
Rico and Dennis Condon. John Fitzgerald was present. (See 3-28-
67 entry).\132\

    A teletype from the Boston Office to Director Hoover reads, 
``Redacted section. Boston `Record American' received call from 
someone at Walpole Correctional Institution, Walpole, Mass., 
that Barboza was taken out by federal authorities and headlines 
in this afternoon's paper stated that U.S. Government opened 
its war on crime by bringing gang leader from Walpole for 
appearance before federal grand jury.'' \133\

    3-28-67: The Boston SAC informs Director Hoover by 
memorandum of an interview of Joseph Barboza conducted on March 
21, 1967. This interview was a follow-up to an interview 
conducted on March 8, 1967. Special Agents Paul Rico and Dennis 
Condon conducted the interview at the Federal Building in 
Boston. Barboza conferred with his attorney, John Fitzgerald, 
at one point, received some advice, and then continued the 
interview. [Information obtained by the Committee from the FBI 
indicates that Fitzgerald's girlfriend may have been an FBI 
informant.] Barboza said he would talk to the agents, but he 
would not testify to any information that he was furnishing at 
this time. Barboza stated that since the last time he talked to 
the agents, he had concluded that they have a common enemy in 
the ``Italian organization.'' He would like to help the FBI in 
its efforts to obtain evidence against the ``Italian 
organization.'' Barboza said he hopes Suffolk County District 
Attorney Garrett Byrne appreciates Barboza's assistance and 
gives him a break on his two cases pending in Suffolk County. 
Barboza said he also discussed his last interview with the 
agents with Vincent ``Jimmy'' Flemmi, and he told Flemmi that 
he was considering having Patrick Fabiano cooperate with the 
FBI. Flemmi thought that was an excellent idea. Barboza was 
informed that he could be making a very serious mistake in 
talking to any other inmate concerning his interview with the 
FBI. Barboza told the agents that Edward ``Teddy'' Deegan had 
been causing some problems and had been ``out of order'' at the 
Ebb Tide Restaurant. This document further states, ``This 
office is aware of the distinct possibility that Barron 
[Barboza], in order to save himself from a long prison 
sentence, may try to intimidate Fabiano into testifying to 
something that he may not be a witness to.'' Joseph Barboza 
says he does not know who killed William Marfeo, and he had 
nothing to do with the murder. (This information was redacted 
in the documented provided to the Committee but was discovered 
when the Justice Department permitted the Committee to review 
an unredacted version of the document.) [There are many 
redactions in this document, including entire pages.] \134\

    3-31-67: In a performance appraisal, Special Agent Dennis 
Condon receives an excellent rating. It is noted that he 
handled complicated matters in an able and capable fashion. It 
is further noted that he is dependable, enthusiastic and showed 
a great interest in the Bureau's work. The appraisal also 
states that he has an outstanding knowledge of the hoodlum and 
gambling element in the Boston area and is considered to be an 
outstanding investigator. In particular, his participation in 
the informant program is considered outstanding. However, 
according to the appraisal, Condon is not interested in 
administrative advancement.\135\

    4-18-67: Police informer Joe Lanzi is killed by three of 
Jerry Angiulo's enforcers--Benjamin DeChristoforo, Carmine 
Gagliardi, and Frank Oreto. (Vincent Teresa, My Life in the 
Mafia (1973)).\136\

    4-24-67: Joseph Barboza is convicted for unlawfully 
carrying a weapon and a dagger in a motor vehicle. He is 
subsequently sentenced to not more than 4-5 years for the first 
charge and 4-5 years for the second charge. Both sentences are 
to be served concurrently.\137\

    4-27-67: FBI Special Agents Paul Rico and Dennis Condon 
interview Joseph Barboza at Barnstable County Jail.

    5-16-67: FBI Special Agents Paul Rico and Dennis Condon 
contact Ronald Cassesso at the U.S. Attorney's Office prior to 
his appearance before a federal grand jury: ``Cassessa [sic] 
was told that if he would cooperate in the investigation of 
organized crime, and, if he was of material help, his 
assistance would be brought to the attention of local 
authorities and his degree of cooperation would also be made 
known to the Parole Board. Cassessa [sic] said that he had 
nothing to worry about and did not plan to furnish any 
information before a Grand Jury.'' \138\

    5-19-67: Chief Judge Edward Day of the U.S. District Court 
in Providence, Rhode Island, releases the ``Taglianetti Logs'' 
to Louis Taglianetti and his attorneys. The logs are summaries 
of wiretapped conversations recorded by the Raymond Patriarca 
microphone surveillance. (Clark R. Mollenhoff, Strike Force: 
Organized Crime and the Government 124 (1972)).\139\

    5-24-67: Director Hoover instructs the Boston SAC by airtel 
that ``a review of the Bureau records reveals that no 
investigation of Barron [Barboza] has ever been conducted by 
your office. In view of the current circumstances, the Bureau 
should be cognizant of all background information. Therefore, 
you should submit to the Bureau an investigative report per 
instructions set out under the Criminal Intelligence Program 
containing all background and identifying data available.'' 
\140\

    6-6-67: A memorandum from Walter T. Barnes and Assistant 
U.S. Attorney Edward F. Harrington to Henry Peterson, Chief, 
Organized Crime and Racketeering Section. The memorandum is 
typed by Harrington, dated June 6, 1967, and discusses proposed 
prosecutions of Raymond Patriarca, Henry Tameleo and Ronald 
Cassesso. Joseph Barboza is an unindicted co-conspirator. The 
following are important points made in this memorandum. Numbers 
in parentheses coincide with page numbers in the memorandum. 
[Note: The original memorandum is not appended to the 
Committee's chronology and is retained in Justice Department 
files.] ``[T]here has . . . been excellent cooperation between 
United States Attorney Paul Markham, District Attorney Garrett 
Byrne, and the F.B.I. District Attorney Byrne has, at our 
request, held off calling Baron before a local grand jury until 
we have concluded our investigation.'' (3) There is a short 
redacted section. (3) ``Lastly, with respect to Baron's 
willingness to talk, he is, of course, desirous of obtaining 
some favorable consideration in connection with the local 
charges still pending against him.'' (3) Patriarca, in the 
presence of Henry Tameleo, told Baron and Cassesso that he 
wanted Willie Marfeo ``whacked out.'' (4) ``Patriarca told 
Baron and Cassesso that he would give all the help he could in 
aiding them to kill Willie Marfeo.'' (4) ``Patriarca explained 
to Baron that he was angry because Marfeo's crap game had been 
creating a lot of ``heat'' on Patriarca's crap game and on his 
booking operations.'' (4) Shortly thereafter, Patriarca called 
off the proposed murder. (5) Seven or eight months later, 
Tameleo told Barboza that ``Marfeo got it.'' Tameleo explained 
the details of Marfeo's murder to Barboza. (5-6) ``The 
establishment of the agreement will not be based on 
circumstantial evidence or inferences arising therefrom but 
rather the very agreement itself will be testified to by one of 
the individuals who was to participate in its execution. The 
overt acts which took place in Massachusetts are especially 
appropriate in a case involving a gangland assassination in 
that it has always been one of the essential factors in 
perpetrating a successful ``hit'' that the contract be given to 
an out-of-state ``torpedo'' as a means of minimizing the chance 
of detection of the assassination and thus lessening the risk 
that the individual who planned the assassination be traced.'' 
(13) There is a short redacted section that appears to discuss 
a discrepancy in dates. (13) In a section discussing weak 
points in the government's case, it is noted that the 
electronic surveillance of Barboza proves that ``his testimony 
is true[,]'' and this is ``of special significance[.]'' (15) 
``Raymond Patriarca was the subject of an F.B.I. electronic 
surveillance by means of an electronic eavesdropping device 
installed by trespass at his place of business, 168 Atwells 
Avenue, Providence, Rhode Island, during the period March 6, 
1962 to July 12, 1965.'' (16) ``Walter Barnes . . . and Edward 
F. Harrington reviewed 26 volumes of FBI logs, memoranda and 
airtels in the Boston office of the FBI.'' (16) ``It is clear 
that we will have to disclose all of the material pertaining to 
the FBI electronic surveillance of Patriarca since the device 
was in his place of business and some of the overheard 
conversations are clearly relevant. Some of this material has 
already been disclosed in connection with the income tax case 
against Louis Taglianetti of Providence, Rhode Island.'' (16) 
``We were also informed that an other [sic] associate of 
Patriarca's namely Joseph Modica, was the subject of an 
electronic surveillance by means of an electronic eavesdropping 
device installed by trespass at his place of business, the 
Piranha Finance Company, 85 State Street, Boston, 
Massachusetts, during the period May 7, 1964 and July 12, 1965. 
The overheard conversations are reflected in logs, memoranda 
and airtels.'' (16) There is a six page section titled 
``Pertinent Excerpts from the Logs of the Electronics [sic] 
Surveillance at 168 Atwells Avenue, Providence, Rhode Island.'' 
(17) ``January 28, 1965--Henry Tameleo tells Patriarca that 
Joseph Barboza ``hit'' the guy in Revere.'' (17) ``March 4, 
1965--An unman contacts Patriarca and states that he has 
brought down Flemmi and Joseph Barboza. Patriarca is infuriated 
at Frank Smith for allowing Flemmi and Barboza to come to see 
him without prior authorization. Patriarca makes arrangements 
to meet with Barboza and Flemmi in a garage shortly thereafter, 
as he does not want to meet these two individuals at his place 
of business.'' (17) ``March 5, 1965--Jerry Angiulo states to 
Patriarca that Vin [Jimmy] Flemmi was with Joseph Barboza when 
Barboza killed Jackie Francione in Revere, Massachusetts, 
several months ago.'' (18) ``March 9, 1965--James Flemmi and 
Joseph Barboza contact Patriarca and during the meeting explain 
to Patriarca that they are having a problem with Teddy Deegan 
and desire to get an ``okay'' to kill him. Flemmi and Barboza 
tell Patriarca that Deegan is looking for an excuse to ``wack 
[sic] out'' Bobby Donati who is friendly with Rico Sacrimone. 
Patriarca instructs Flemmi and Barboza to obtain more 
information relating to Deegan and then to contact Jerry 
Angiulo at Boston who would furnish them with a decision 
whether they could kill Deegan.'' (18) ``May 3, 1965--James 
Flemmi, Ronald Cassessa, and Joseph Barboza contact Patriarca 
and discuss ``hitting'' an unnamed individual.'' (19) ``May 5, 
1965--Henry Tameleo tells Patriarca that Joe Lombardo of Boston 
told Tameleo that he had received information that Barboza, 
Cassessa and Jimmy Flemmi had received the ``okay'' to kill 
Sammy Linden for the reason that Linden was on the side of the 
McLaughlin group and had been furnishing them with considerable 
money so that they could continue in their efforts to kill 
individuals connected with the McLean group. Patriarca tells 
Tameleo to contact Barboza and Flemmi and to instruct them to 
forget the ``hit'' on Sammy Linden in that ``he is connected 
with one of our group.'' Tameleo tells Patriarca that Joe 
Lombardo was perturbed because Cassessa and Barboza were 
associating with the Flemmi brothers and information had been 
put out to the effect that Barboza was with Flemmi when Teddy 
Deegan was killed; that Lombardo had expressed concern that the 
Italian group, because of Barboza's and Cassessa's associations 
might be drawn into the McLaughlin-McLean feud, and because of 
this, Lombardo had told Barboza and Cassessa to stay away from 
the Flemmis.'' (19) ``May 10, 1965--An unman mentions that 
Barboza had previously talked with Patriarca regarding unknown 
topic and that Flemmi had told Barboza that Patriarca had given 
him an ``okay'' to kill Linden.'' ``May 13, 1965--Cassessa and 
Barboza and Henry Tameleo contact Patriarca. Barboza discusses 
his prospective killing of an individual by the name of O'Toole 
and the means by which he is to carry out the murder.'' (19) 
The June 22, 1965, entry is a very long detailed recitation of 
the plan to murder Willie Marfeo. Patriarca is clearly the 
principal involved in planning the murder. ``The killers are 
named as Barboza and Cassessa. . . . Patriarca states that he 
would love to kill Marfeo himself.'' (20) ``The Bureau monitor 
overheard the conversation between Patriarca, Tameleo and Baron 
on June 22, 1965, in which Patriarca hired Baron to kill Marfeo 
and recorded it in the log. However, the conversation was not 
picked up on the tape recorder through some inexplicable 
mechanical failure. Accordingly, the Bureau supervisor in 
Boston who regularly reviewed the logs and tapes, in noting 
that the tape had failed to record the conversation, did not 
incorporate the information in any memoranda, airtel, or Bureau 
report, nor did the Bureau supervisor disseminate the 
information to other agents.'' (23) Information about an 
attempt by someone other than Barboza to kill Marfeo was 
disseminated to Paul Rico and Dennis Condon. (23) ``It should 
also be noted that Special Agent Rico of the F.B.I. did receive 
information on July 1, 1965, from a live informant, that 
Patriarca had hired Joe Baron to ``hit'' Willie Marfeo.'' (23) 
``On January 12, 1967, the I.R.S. informant furnished 
information to [REDACTED] that in view of the fact that the 
Boston organization had killed several of Baron's criminal 
associates, Baron might be willing to talk.'' This information 
was given to Walter Barnes, who gave it to U.S. Attorney 
Markham and Henry Peterson. Peterson then requested Barnes to 
arrange an interview with Barboza at ``the earliest 
opportunity.'' (24) Barnes found that Barboza was on trial in 
local court for illegal possession of firearms. ``It was 
inappropriate to interview Baron at this time so Mr. Barnes 
returned to Washington and was later advised that Baron had 
been convicted and sentenced to four to five years on January 
25, 1967, and was immediately incarcerated in Walpole Prison. 
Mr. Barnes returned to Boston in February, 1967, at which time 
Barnes requested Special Agents Rico and Condon of the F.B.I. 
to interview Baron at an appropriate time and place.'' (24) 
``It should be noted again that Special Agents Rico and Condon 
were, as a matter of fact, never made aware of the information 
overheard by a Bureau monitor on June 22, 1965, and which forms 
the basis of this indictment. As mentioned above, Special Agent 
Rico received information from a live source on July 1, 1965, 
that Patriarca had hired Baron to kill Marfeo.'' (24)

    6-20-67: By memorandum, the Boston SAC recommends to 
Director Hoover that Special Agents Paul Rico and Dennis Condon 
receive quality salary increases. The memorandum discusses Rico 
and Condon's handling and development of Top Echelon Criminal 
Informants in the Boston Office, including informant BS 955 C-
TE [Stephen Flemmi], and praised their efforts and results. The 
memorandum also describes Barboza as a murderous ruffian: ``BS 
955 C-TE [Stephen Flemmi] was developed by [Rico and Condon] 
and via imaginative direction and professional ingenuity 
utilized said source in connection[] with interviews of Joseph 
Baron, a professional assassin responsible for numerous 
homicides and acknowledged by all professional law enforcement 
representatives in this area to be the most dangerous 
individual known. SAs Rico and Condon contacted Baron in an 
effort to convince him he should testify against the LCN [La 
Cosa Nostra]. Baron initially declined to testify but through 
utilization of BS 955 C-TE [Stephen Flemmi], the agents were 
able to convey to Baron that his present incarceration and 
potential for continued incarceration for the rest of his life, 
was wholly attributable to LCN efforts directed by Gennaro 
[Jerry] Angiulo, LCN Boston head. As a result of this 
information received by Baron from BS 955 C-TE [Stephen 
Flemmi], said individual said he would testify against the LCN 
members.'' This memorandum also states: ``The indictments 
against Patriarca, Tameleo and Casesso are the first major blow 
to the LCN in New England. Patriarca, as LCN boss and possible 
Commission member, and his top lieutenant, Henry Tameleo, were 
felt to be beyond prosecution by top state and local police 
officials based on what for years resulted in frustration in 
securing witnesses who would testify. . . . SAs Condon and Rico 
were assigned to develop a prosecutable quality case against 
top LCN members in New England. They have done so via highest 
devotion to duty, requiring personal sacrifices, in time, on a 
continuing basis.'' [This document is heavily redacted.] \141\ 
[Note: Dennis Condon later told the Committee that he was not 
involved in the development of Stephen Flemmi as an informant.]

    A federal grand jury indicts Raymond Patriarca on charges 
that he and two others had conspired to engineer the murder of 
William Marfeo over a competitive gambling enterprise Marfeo 
was running. (Clark R. Mollenhoff, Strike Force: Organized 
Crime and the Government 124 (1972)).\142\

    6-22-67: Between June 22, 1967 and July 3, 1967, Officer 
Robson talked to Anthony Stathopoulos on several occasions. 
While Stathopoulos was incarcerated with Patrick Fabiano at 
Deer Island, Fabiano said the ``beef'' between Barboza and 
Stathopoulos had been cleared up. Stathopoulos told Officer 
Robson that on the night Edward ``Teddy'' Deegan was murdered, 
he actually saw Ronnie Cassesso with a gun in his hand and 
Romeo Martin. ``He did not see the others involved.'' 
Stathopoulos also said that Vincent ``Jimmy'' Flemmi met with 
him, Deegan, and one other at a restaurant to discuss 
``arrangement to silence'' Anthony Sacrimone because Sacrimone 
was too talkative about the Populo theft. Shortly after this 
meeting, Flemmi was shot and unable to complete the job. 
(Undated and Undetermined Police Report; see also 5-3-65 
entry).\143\

    6-23-67: J.H. Gale, the Boston SAC, writes a memorandum to 
Cartha DeLoach recommending incentive awards for Paul Rico and 
Dennis Condon. The memorandum states, ``SA Rico through a 
resourceful and diligent effort in October 1964, obtained the 
cooperation of redacted section. Based upon development of this 
source, the Boston Office was able to determine the basic 
reasons for the numerous gangland slayings in the Boston area 
and the identities of many of the individuals involved in these 
murders. . . . As a direct result of the shrewd guidance given 
the informant by SAs Rico and Condon, redacted section. This 
information has been vitally important in establishing the 
Interstate Transportation in Aid of Racketeering violation 
against [Raymond] Patriarca and his chief LCN [La Cosa Nostra] 
henchman, Henry Tameleo, who were arrested this week by Bureau 
Agents. redacted section. SAs Condon and Rico also developed 
another top echelon informant, BS 955-C-TE [Stephen Flemmi]. He 
[Stephen Flemmi] was most effectively utilized to convince 
Joseph Barboza, the professional assassin, that he should 
testify against Patriarca and his associates. The informant's 
efforts with skillful interviews of redacted by SAs Rico and 
Condon resulted in redacted appearance before a Federal Grand 
Jury and the indictments of Patriarca and Tameleo. The arrest 
of Patriarca and Tameleo by Bureau Agents received extensive 
publicity and constituted a major blow against LCN. These 
noteworthy achievements were brought about by the development 
and handling of top echelon informants by SAs Rico and 
Condon.'' The document continues, ``SA Rico's resourcefulness 
and diligent efforts to obtain cooperation of an informant, 
redacted section resulted in receipt of much accurate and 
authentic data regarding gangland slayings in the Boston area. 
SAs Rico and Condon thereafter shrewdly guided him, which, 
redacted section. They developed still another top echelon 
informant and their efforts culminated in the arrest of Raymond 
Patriarca, La Cosa Nostra leader in New England, and Henry 
Tameleo, his chief henchman.'' This memorandum also indicates 
that Rico and Condon were censured.\144\

    6-27-67: The Government files a memorandum and places logs 
of the Raymond Patriarca surveillance conducted at 168 Atwells 
Avenue in Providence, Rhode Island, in the custody of the U.S. 
District Court for the District of Massachusetts.\145\

    7-3-67: According to letters from Director Hoover to Paul 
Rico and Dennis Condon, the agents each receive a $150 
incentive award for the ``developing and skillful handling of 
several confidential sources of great concern to the Bureau in 
the criminal field[.]'' \146\

    An FBI Memorandum from S.R. Burns to Mr. Walsh, dated 
October 22, 1975, states that Dennis Condon received a $150 
incentive award on this date (7-3-67) ``in recognition of his 
developing and handling several confidential sources of much 
interest to the Bureau in the criminal field. (Re: BS 868 C-TE, 
BS 954 C-TE, BS 955 C-TE [Stephen Flemmi]).'' \147\

    7-9-67: James Southwood writes in the Boston Herald: ``A 
few months ago, Barboza was transferred from the state prison 
to the Barnstable County House of Correction on Cape Cod--for 
the obvious reason of removing him from the company of men 
still loyal to the Cosa Nostra. He was placed in isolation 
there and only the two FBI agents [presumably Rico and Condon] 
can get in to see him.'' \148\

    7-18-67: Thomas Sullivan from the Boston FBI Office reports 
on Joseph Barboza per instructions from Director Hoover (See 5-
24-67 entry). Sullivan's report reads, ``Enclosures to Bureau--
Original and one copy of a letterhead memorandum characterizing 
informants used in this report.'' The section on informants is 
completely redacted. A large portion of the text under the 
heading Administrative is also redacted. That portion reads as 
follows: ``Redacted section. Redacted section that Ronnie 
Cassessa [sic] and Joe Barboza were responsible for the 
shooting of Romeo Martin in Revere, Massachusetts. Redacted 
section. Redacted section that Joseph Barboza was the 
individual who shot and killed Di Stasio and O'Neil at the 
Mickey Mouse Lounge in Revere, Massachusetts, the previous 
weekend. The informant stated that Barboza had been in the 
Mickey Mouse Lounge a couple of weeks ago and after he left, 
someone took several shots at him and Barboza suspected that Di 
Stasio had set him up with the McLaughlin crowd. As a result of 
this, Barboza returned and killed Di Stasio and O'Neil. 
Redacted section that Joseph ``Chico'' Amico and Guy Frizzi are 
always together and were usually with Joe Barboza before 
Barboza went to jail. The informant stated he heard reports 
that Barboza and Guy Frizzi were the ones who ``bumped off'' 
[Edward] Teddy Deegan a few months ago in Chelsea, 
Massachusetts. Redacted section that while Joe Barboza was on 
trial in Suffolk Superior Court he decided to make one more 
``hit.'' He was trying to hit ``Indian Al'' from Medford, 
Massachusetts. At the time Barboza made his move against 
``Indian Al,'' he was in the company of ``Chico'' Amico, Rick 
[sic] Femia, and Guy Frizzi. Redacted section that Joseph 
Barboza, Romeo Martin and Ronnie Cassessa [sic] are frequently 
in attendance at the Ebb Tide in Revere, Massachusetts. 
Redacted section that Joe Barboza is very frequently with Romeo 
Martin, Ronnie Cassessa [sic], and Frank [Francis] Imbruglia. 
Barboza was supposed to have ``hit'' Francione of Revere, 
Massachusetts, and also ``hit'' Eaton. He also stated that 
Barboza was in prison with Benjamin, who was murdered after he 
left prison. The informant stated that Barboza is a Portuguese 
kid who would otherwise be accepted into the LCN [La Cosa 
Nostra] except for his nationality. Barboza claims that he shot 
Teddy Deegan with a .45 caliber gun. Barboza indicated that Roy 
French was with Deegan and another individual when Deegan was 
shot by Barboza and two other individuals, one of whom the 
informant believes was Romeo Martin. The informant stated he 
heard that Joe Barboza was extremely friendly with Jimmy 
Flemmi. The informant added that Barboza tried to reach 
[Vincent] Jimmy Flemmi a short time ago and wanted to know if 
Flemmi had gone to Providence, Rhode Island, to see Raymond 
Patriarca. Redacted stated that he had heard that Joe Barboza 
made the statement that Roy French was on the way out. 
Informant stated that French hangs around the Ebb Tide in 
Revere and appears to be friendly with Barboza, Ronnie Cassessa 
[sic] and other individuals.'' Redacted section. Redacted 
Section. This case is being placed in a closed status inasmuch 
as all information developed from interviews of Barboza by SA 
Dennis M. Condon and SA H. Paul Rico is being placed in Boston 
File 166-629 entitled `Raymond L.S. Patriarca, aka; et al. 
ITAR.' '' (See also Barboza's Suffolk County Court Record from 
1945 to 1967).\149\

    Thomas Sullivan from the Boston FBI Office files an 
additional report regarding Joseph Barboza. A large portion of 
the text under the heading Activities is redacted. That portion 
reads as follows: ``Redacted Section advised that Joseph 
Barboza had been arrested Friday night, September 10, 1965, for 
beating a policeman with a gun at the Ebb Tide in Revere, 
Massachusetts. Redacted section. Redacted section stated that 
the general rumor Redacted section was that Joseph Barboza of 
Revere was under contract to be assassinated since he was tied 
into the McLean--McLaughlin feud. Redacted Section stated that 
Joseph Barboza split with Connie Frizzi in loansharking and was 
then in partnership with Arthur Bratsos. Informant added that 
Barboza had plenty of money and had just purchased a new home 
in Swampscott, Massachusetts. Redacted Section advised that he 
had been frequenting the Ebb Tide in Revere, Massachusetts, 
that it was being operated by Richard Castucci and Nicholas 
Junior Ventola. Informant added that Joseph Barboza, Romeo 
Martin and Ronnie Cassessa [sic] were frequently in attendance 
at the Ebb Tide. Redacted Section stated that Joseph Barboza 
had married[.] . . . Informant added that the subject 
frequently visited the Ebb Tide and it was rumored that Barboza 
was the killer of Joseph Francione in Revere. Redacted Section 
stated that Guy Frizzi and Joseph Barboza, who hung around at 
North Station, occasionally were there to see Johnny Bats who 
worked for the Boston Garden Corporation. Informant added that 
Bats was associated with Frizzi and Barboza in the money 
lending activities. Redacted Section stated that on May 3, 
1965, Joseph Barboza and Ronnie Cassessa [sic] were looking for 
[Vincent] Jimmy Flemmi Redacted section and returned in the 
evening of May 3, 1965. Informant further stated that it was 
later during the evening of May 3, 1967 [sic], that Flemmi was 
shot when he left his home on Adams Street, Dorchester, 
Massachusetts. Redacted section.'' \150\

    8-9-67: A memorandum from the Boston SAC to Director Hoover 
advises, ``In statement to press, District Attorney Byrne 
stated that this tremendous penetration into the La Cosa Nostra 
and the hoodlum element was effected through the outstanding 
investigative efforts of the FBI and his office. As a matter of 
information, this entire case which was presented to the grand 
jury by DA Byrne was developed through the efforts and able 
handling of Barboza by SA H. Paul Rico and Dennis M. Condon of 
the Boston office. They also cooperated fully with DA Byrne in 
the preparation of this matter for the grand jury. I know that 
this indictment would not have been possible in any sense of 
the word if it were not for the efforts of these agents and the 
FBI at Boston. . . . I further recommend that Supervisor John 
F. Kehoe who supervised this entire program and was involved 
deeply in the developments and the planning relative to Barboza 
and the matters attendant to this indictment be strongly 
commended for his excellent supervision.'' \151\

    8-14-67: In a letter from Director Hoover to Special Agent 
Paul Rico, Hoover commends Rico for his ``splendid services in 
a phase of the investigation of Raymond L.S. Patriarca and 
others[.]'' \152\

    Dennis Condon also receives a letter of commendation from 
the FBI for his excellent performance in connection with the 
investigation of the Interstate Transportation in Aid of 
Racketeering case involving Raymond L.S. Patriarca and 
others.\153\

    8-28-67: ``On [this date] August 28, 1967, BS 955-CTE 
[Stephen Flemmi] furnished the following information to SA H. 
Paul Rico: The informant advised that Larry Baione asked the 
informant to contact [Vincent] ``Jimmy'' Flemmi on behalf of 
Gennaro [Jerry] Angiulo to see what Flemmi can do to keep Nick 
Femmia from testifying against anyone and to see if Flemmi can 
find some way to destroy Joe Barboza's testimony against 
[Raymond] Patriarca and [Jerry] Angiulo. The informant advised 
that this puts Jimmy Flemmi in a very bad position because 
Jimmy Flemmi owes Angiulo over $10,000, and is therefore 
indebted to him. The informant knows that Jimmy Flemmi would 
just as soon see Patriarca and Tameleo get hurt but that he has 
always looked down on Angiulo as a source of money for him and 
he feels that Flemmi would want to help Angiulo. The informant 
advised, however, that he will, when he is talking to Flemmi 
point out to him that Barboza could end up seriously hurting 
him, Jimmy Flemmi, if he, Flemmi, did anything to attempt to 
discredit Barboza. Informant further advised that he has 
learned that Larry Baione and Peter Limone have received 
information that Joe Barboza is going to testify for Suffolk 
County on the murder of [Edward] Teddy Deegan and that they in 
all probability attempt to make sure that Anthony Stathopoulos 
will not be around to corroborate Barboza's testimony. The 
informant advised that he believes Stathopoulos' life is in 
danger.'' [This information is contained in a report dated 9-
18-67 from FBI Special Agent Charles Reppucci.] \154\

    9-8-67: Detective John Doyle of the Suffolk County District 
Attorney's Office interviews Joseph Barboza at the Barnstable 
County Jail in Barnstable, Massachusetts, in the presence of 
FBI Special Agents Paul Rico and Dennis Condon.\155\

    Boston police take Anthony Stathopoulos to the Barnstable 
County Jail where he talks with Joseph Barboza. Barboza and 
Stathopoulos talk about the events of the day of the Deegan 
murder, March 12, 1965, and about testimony that he and Barboza 
were going to give before a grand jury about the night of the 
Deegan murder. Stathopoulos asks Barboza about Vincent 
``Jimmy'' Flemmi. Barboza tells Stathopoulos that he is going 
to keep Flemmi out of it because Flemmi is a good friend of his 
and is the only one that treated him decently. (See 1-5-71 
entry).\156\

    9-9-67: The Boston SAC writes a memorandum to Director 
Hoover containing the following information: ``[T]he Bureau was 
advised that Joseph Baron has furnished information relative to 
subject Limone's involvement in the gangland killing of one 
Edward [``Teddy''] Deegan.'' \157\

    9-11-67: John Doyle prepares a report of the September 8, 
1967, interview with Joseph Barboza conducted at Barnstable 
County Jail. Barboza stated that he was approached by Peter 
Limone during the first week of February 1965. Deegan's death 
was desired because of his participation in the robbery of an 
Angiulo bookmaker. Limone told him that Henry Tameleo had 
approved the murder. Barboza then confirmed this with Henry 
Tameleo. Barboza stated that he had been in Florida until 
around March 8, 1965. When Barboza was told by Roy French that 
there would be another man with him and Deegan on a ``score.'' 
Barboza allegedly said that another $2500 would be paid if the 
other man were also killed. Jimmy Flemmi is not mentioned in 
the six page report.\970\

    9-12-67: Sergeant Detective Frank Walsh and Detective John 
Doyle, of the Suffolk County District Attorney's Office, 
interview Barboza in the presence of FBI Special Agents Paul 
Rico and Dennis Condon at the Barnstable County Jail regarding 
the Edward ``Teddy'' Deegan murder.\158\ A six page statement 
was prepared. It states that Barboza came back from Florida the 
first week of March. Barboza said that ``[a]nother reason for 
them wanting Deegan out of the way was the fact that John 
Fitzgerald went to a gas station and , with Deegan, got a 
$1000.00 off of Peter Limone for George McLaughlin.'' Barboza 
explained that Limone was angry because he thought that 
McLaughlin was ``shaking him down.'' Barboza also stated that 
Chiampa and Imbruglia left the Ebb Tide the same time that he 
did, but that they had ``no part in the thing.'' \971\

    9-14-67: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza at the Barnstable County Jail. Barboza tells 
Rico and Condon that his attorney, John Fitzgerald, called him 
the previous evening and told him that ``a good many people 
were going to be picked up'' and that Baron ``was going to be 
going to court.'' The agents and Barboza also briefly discuss 
transferring Barboza out of Barnstable. Barboza states that he 
would welcome a transfer since he fears for his life.\159\

    9-15-67: In an airtel to Director Hoover, the Boston SAC 
describes the weekly developments: Anthony Stathopoulos turned 
himself in to the Suffolk County District Attorney's Office for 
protection. The airtel also informs that during the latter part 
of last week, an attempt was made to kill Stathopoulos. Joseph 
Barboza had previously advised that Stathopoulos' life was in 
jeopardy. In addition, Stathopoulos furnished information 
relative to the Edward ``Teddy'' Deegan murder.\160\

    9-16-67: From jail, Joseph Barboza calls Dennis Condon at 
home. Barboza is concerned that he may appear before the grand 
jury the next day. He is also greatly concerned about his 
safety because he is still at Barnstable County Jail.\161\

    9-18-67: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza at the U.S. Marshals Office in Boston while he 
is in the process of transferring from Barnstable County 
Jail.\162\

    Barboza is placed in the custody of the U.S. Marshals 
Service by Order of U.S. District Judge Ford. Judge Ford's 
Order issued in the federal trial of Raymond Patriarca, Henry 
Tameleo and Ronald Cassesso for the murder of William Marfeo, 
also indicates that the government filed transcripts of the 
logs obtained from the Patriarca microphone surveillance on 
June 27, 1967.\163\

    In a handwritten order, Judge Ford ``ordered that the 
[Patriarca] logs be impounded and placed in the custody of the 
Clerk, and the inspection of said logs is restricted to counsel 
for the defendants, namely Messrs. [Joseph] Balliro, Curran and 
[Ronald] Chisholm.'' Attorneys Balliro and Chisholm will later 
represent two of the same defendants in the William Marfeo 
murder trial as they represented in the Edward ``Teddy'' Deegan 
murder trial. (Judge Ford held a hearing regarding these 
transcripts on June 27, 1967.) \164\ [This Order was not 
produced by the Justice Department until May 8, 2002.]

    9-19-67: Joseph Barboza is transferred from Barnstable 
County Jail, Massachusetts, to federal custody. Barboza is 
taken to Thatcher Island in Gloucester, Massachusetts. He is 
later taken to a private estate in Gloucester.\165\

    9-21-67: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza at Thatcher Island and inquire about his 
physical welfare. During this contact, Barboza states that 
Detective Walsh observed him at the Florentine Cafe on Boston's 
Hanover Street in the past with Ronald Cassesso, Henry Tameleo 
and possibly Roy Thomas. Barboza said that Detective Walsh 
should be able to testify to these observations.\166\

    10-6-67: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza at Thatcher Island.\167\

    10-10-67: Ronald Chisholm, attorney for Ronald Cassesso, 
discusses the Raymond Patriarca logs in federal court. United 
States v. Patriarca et al., Hearing Transcript, Crim. No. 47-
192-0 (D. Mass. October 10, 1967). \168\

    10-16-67: Detective Sergeant Frank Walsh and Detective John 
Doyle interview Joseph Barboza at Thatcher Island in the 
presence of Special Agent Paul Rico. According to Barboza's 
statement on the Edward ``Teddy'' Deegan murder, he told the 
detectives that Peter Limone said to Barboza, ``I'll give you a 
contract for $7,500.00'' to murder Deegan.'' Barboza also 
stated that Vincent ``Jimmy'' Flemmi was with Barboza in the 
Ebbtide on the night of the Deegan murder.\169\

    Special Agent Paul Rico notifies the Boston SAC by 
memorandum that an informant learned that Raymond Patriarca 
``has told everyone that is to be indicted on the [Edward 
``Teddy''] Deegan murder to surrender when the indictments are 
returned rather than fleeing[.]'' \170\

    10-25-67: Joseph Barboza testifies before the Suffolk 
County Grand Jury regarding the Edward ``Teddy'' Deegan murder. 
Barboza testifies that they used Romeo Martin's maroon 
Oldsmobile convertible as a getaway car for the Deegan murder. 
(119) According to Barboza's testimony, Ronald Cassesso bent 
back the rear license plate on the car so only the numbers 
``404'' were showing. (122) Barboza also testifies that no 
promises were made to him in exchange for his testimony. (103) 
He also testifies that Peter Limone offered him a total of 
$10,000 for killing both Deegan and Anthony Stathopoulos. (112) 
Further, Barboza's testimony implicates Henry Tameleo as 
agreeing to the killing. (112) Barboza also testifies that he 
left the scene before the murder and got the details later in a 
meeting in a back room at the Ebb Tide. (125-6). According to 
Barboza's testimony, Roy French told him that French shot 
Deegan first in the head with a .38, and Romeo Martin told him 
that Martin shot Deegan in the chest and Louis Greco shot 
Deegan with a .45 in the stomach (126). [An FBI memorandum 
dated 4-6-65 refutes the veracity of this testimony. This 
memorandum states that Barboza told a PCI (Potential 
Confidential Informant) that he ``shot Teddy Deegan with a .45 
caliber gun.'' See 3-23-65 entry.] Barboza also testified that 
Peter Limone gave him the money he promised (131). In addition, 
notwithstanding the fact that Barboza told Detective Sergeant 
Frank Walsh, Detective John Doyle and FBI Special Agent H. Paul 
Rico in an interview on 10-16-67 that Vincent ``Jimmy'' Flemmi 
was in the Ebbtide on the night of the Deegan murder, Barboza 
does not mention Flemmi as being one of the individuals at the 
Ebbtide on the night of the Deegan murder in his grand jury 
testimony. (118) (See 10-16-67 entry).\171\

    The Boston SAC notifies Director Hoover by memorandum of 
the following: ``Redacted Section testified before the Suffolk 
County Grand Jury this date in connection with the gangland 
murder of Edward Deegan on March twelve, sixty five. Redacted 
Section as a result of Redacted testimony before this Grand 
Jury, indictments were rendered against Henry Tameleo, Peter 
Limone, [] Ronald Cassesso, Roy French, ``Joe the Horse'' 
Salvati, Louis Greco and Joseph Baron.'' \172\

    Joseph Salvati is arrested.\173\

    November 1967: Edward ``Wimpy'' Bennett is murdered. In 
Vincent Teresa's book My Life In The Mafia, Teresa claims that 
``it was a cop that was responsible for the murder of Wimpy 
Bennett.'' Henry Tameleo told Teresa that Wimpy's ``a stoolie. 
We got the information straight from our man on the Boston 
Police Department.'' Teresa further describes the circumstances 
surrounding Wimpy's murder: ``Tameleo's warning was clear as a 
bell. I didn't go near Wimpy. Then in November 1967, Wimpy 
disappeared. Steve Flemmi and Frank Salemmi [sic] handled the 
job. They're a couple of assassins for [Raymond] Patriarca. 
Both of them are missing, either whacked out or in hiding. 
They're wanted in a murder case, for killing Wimpy's brother, 
Billy. They hit Wimpy and dumped him in lye in a construction 
site that's now part of Route 93. After the mob hit Wimpy, they 
had to hit his three brothers. Walter ran a nightclub in 
Boston, and when Wimpy disappeared, Walter began talking about 
hitting Patriarca. He disappeared, too, without a trace. They 
found Billy in the Dorchester section of Boston on December 23, 
1967. They indicted Daddieco, Salemmi [sic], a kid named Peter 
Poulos, and another kid named Richie Grasso for the murder. 
Grasso was talking, so he was hit about six days after Billy 
Bennett got his. They found Poulos' body later on in the desert 
in Nevada. After that they whacked out the two other Bennett 
brothers. That's six guys that died all because a cop on the 
take fingered one man for the mob.'' \174\

    11-1-67: Paul Rico, Dennis Condon, U.S. Attorney Paul 
Markham and U.S. Marshal Robert Morey contact Joseph Barboza at 
Thatcher Island in Rockport, Massachusetts. They discuss 
Barboza's physical well being, and Markham discusses the 
possibility of moving Barboza to a new location in the near 
future.\175\

    11-4-67: The Boston Globe reports that Assistant Suffolk 
County District Attorney John J. Pino told a Superior Court 
judge that the government made no promises, offers or 
inducements to Barboza in return for his Grand Jury testimony. 
(DA Tells Judge: No Offer to Barboza, Boston Globe, Nov. 4, 
1967).\176\

    11-6-67: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza at Thatcher Island in Rockport, 
Massachusetts.\177\

    11-8-67: Notes on the Edward ``Teddy'' Deegan murder are 
taken from Joseph Barboza in the presence of Detective John 
Doyle and Special Agents Paul Rico and Dennis Condon.\178\

    11-9-67: Paul Rico, Dennis Condon, Detective John Doyle, 
and Sergeant Detective Francis Walsh of the Suffolk County 
District Attorney's Office contact Joseph Barboza at Thatcher 
Island in Rockport, Massachusetts. Rico and Condon check on the 
physical well-being of Barboza and his family. Walsh briefly 
discusses the Edward ``Teddy'' Deegan murder with Barboza.\179\

    11-14-67: Louis Greco, defendant in the Edward ``Teddy'' 
Deegan case, takes a polygraph examination regarding Deegan's 
murder. The polygraph indicates that Greco responded truthfully 
when he said he did not shoot or kill Teddy Deegan. According 
to the polygraph, Greco truthfully says that he was in Florida 
on March 12, 1965, and not in Chelsea, Massachusetts. Harold 
Lokos, the Director of the Polygraph Unit of the City of Miami 
Police Department, conducts the examination.\180\

    11-15-67: Special Agents Paul Rico and William J. Welby 
interview Joseph Barboza's attorney. According to the write-up, 
``John E. Fitzgerald, Jr. was interviewed in a restaurant 
across the street from the Dorchester District Court, 
Washington Street, Dorchester, Massachusetts. He advised that 
he has learned that his law partner, Alfred Paul Farese, has 
decided to testify as a defense witness against his client, Joe 
Barboza, if he is indicted federally for `Obstruction of 
Justice.' Fitzgerald advised that Farese has in his possession 
a letter that Joe Barboza had sent to Joseph `Chico' Amico 
after Tommy De Prisco and Arthur Bratsos had been murdered, and 
in this letter Barboza allegedly tells of the movements of 
Larry Baione, Gennaro [Jerry] Angiulo, and others. In addition, 
Farese has in his possession three by five cards on which he 
has recorded conversations he has had with Barboza.

    Fitzgerald advised that some time ago Guy Frizzi came up to 
his law office and he had made some threatening statements to 
the girl running the office; he said that he had killed before 
and he would kill again; he would not stand for this, and he 
was referring to something that had gone wrong with his income 
tax that was supposed to have been handled by his Attorneys. 
Fitzgerald advised that he went down to the Bat Cove on Friend 
Street, Boston, and he walked up to the person who seemed to be 
in charge and introduced himself as Attorney John Fitzgerald, 
and this individual introduced himself as Larry Baione. 
Fitzgerald said that he was looking for Peter Limone, and Larry 
said he was sitting right over here, and he called Peter over 
to Fitzgerald. Fitzgerald said he told Limone how Guy Frizzi 
had been up to his office threatening this 45 year-old woman 
and how Frizzi has been telling everyone that he is Peter 
Limone's partner, and he wondered if Peter could do anything 
about this. Limone said he could stop Frizzi from going up to 
his law office, if that is what he wanted.

    Fitzgerald advised that last week he got a telephone call 
at his office from Larry Baione. Larry wanted to talk to him. 
Fitzgerald advised he would agree to meet Baione at Howard 
Johnson's Restaurant on Route 1 in Dedham, Massachusetts. 
Before he made the meet with Baione, he notified someone that 
he was going to have this meet. He advised that Baione arrived 
by car and the person that was with him in the car remained in 
the car. Fitzgerald believes this party was Phil Waggonheim. 
Baione told Fitzgerald that he understood that he was going to 
be indicted on information furnished by Joe Barboza, and he 
wanted to know what Fitzgerald could do to help him. Fitzgerald 
said that he told him that there was nothing he could do; that 
he does not influence Joe Barboza; that he is only his legal 
counsel, and Baione said that it would be worth money to him if 
he could tell him everything he could about Joe and everything 
he could find out. Fitzgerald claimed that he told Baione that 
he does not discuss these matters with Joe and could not be of 
any help to him. Fitzgerald advised that, shortly thereafter, 
his girl friend, Dorothy Barchard, received a telephone call in 
which the caller indicated that if she did not stop associating 
`with that guy,' that she and her children could be killed. 
Fitzgerald advised that, in addition, his wife received a 
telephone call in which the caller told his wife about how he, 
Fitzgerald, was `keeping' Dorothy Barchard. Fitzgerald stated 
that he also had been told that if he would help them weaken 
Joe Barboza, they would have Jimmy O'Toole killed at Concord 
where O'Toole is presently incarcerated.

    Fitzgerald was asked who made this statement to him, and he 
said, `I am not going to divulge the identity of this person, 
but I have given the identity of this party to Jimmy O'Toole, 
and he will probably be in trouble when O'Toole comes out of 
jail.' Fitzgerald also advised that when he was checking around 
as to who made the telephone calls to this wife and to Dorothy 
Barchard, `the office' tried to lead him to believe that it was 
Jimmy O'Toole's friends; that he checked with O'Toole, and this 
was not so. Fitzgerald said that recently, while he was out of 
the office, two men came up to the office and asked if `Joe 
Barboza's braintrust' was there? Fitzgerald said that his 
secretary told him that one of the men was about 5'7'', paunchy 
and in his late 50's, and the other one was about 6', about the 
same age and was smoking a cigarette held in a cigarette 
holder, and that both of these individuals had accents and were 
not from this area. Fitzgerald later had ascertained that one 
of these individuals was Henry Tamelo's brother. Fitzgerald 
stated that he blamed Al Farese for causing some of his 
problems and he made some statements to Farese concerning what 
he was going to do to Raymond Patriarca and other individuals 
for the trouble they are causing him, and he feels sure that, 
for this reason, he is now ``on the hit parade.'' \181\

    11-24-67: Detective John Doyle and Detective Robson of the 
Suffolk County District Attorney's Office contact Roberta 
Grimes, a former waitress at the Ebb Tide who worked the night 
Edward ``Teddy'' Deegan was killed. She identifies pictures of 
the following persons as being present at the Ebb Tide on the 
night Deegan was murdered: Joseph Barboza, Ronald Cassesso, 
Joseph Salvati, Nick Femia, Frank [Francis] Imbruglia, Freddie 
Chiampi, Romeo Martin, and Roy French. According to the 
interview summary, Grimes was aware that these men left the Ebb 
Tide at approximately 9:00 p.m. in groups of three or four at a 
time and returned within two hours. Grimes, however, refused to 
testify at the Deegan trial because her husband prohibited it, 
and she feared her family in Chelsea would be in danger.\182\

    Barboza is contacted at Thatcher Island. Special Agents 
Rico and Condon are there to check on the ``physical well 
being'' of Barboza and his family; Frank Walsh and John Doyle 
have a brief discussion with Barboza about some points 
concerning the Deegan murder.\183\

    11-30-67: Deegan defendants file a motion to obtain 
``Police Department reports'' and information regarding 
``promises, rewards or inducements.'' \184\

    Detective John Doyle and Investigator Joseph Fallon of the 
Suffolk County District Attorney's Office, along with Special 
Agents Paul Rico and Dennis Condon, meet with Joseph Barboza in 
Gloucester, Massachusetts. Doyle and Fallon review with Barboza 
information regarding the gangland murder of Rocco Di 
Seglio.\185\

    12-7-67: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza in Gloucester, 
Massachusetts.\186\

    12-14-67: Assistant District Attorney John Pino and 
Investigator Joseph Fallon of the Suffolk County District 
Attorney's Office, meet with Joseph Barboza in the presence of 
Special Agent Dennis Condon in Gloucester, Massachusetts. Pino 
and Fallon review with Barboza information regarding the 
gangland murder of Rocco Di Seglio in preparation for 
trial.\187\

    12-20-67: Special Agent Paul Rico, in addition to Assistant 
District Attorney John Pino and Investigator Joseph Fallon of 
the Suffolk County District Attorney's Office, meet with Joseph 
Barboza in Gloucester, Massachusetts. Pino prepares Barboza for 
trial.\188\

    12-23-67: William ``Billy'' Bennett's bullet-riddled body 
is thrown from a moving car on Harvard Street in Dorchester, 
Massachusetts. Stephen Flemmi and Francis ``Frank'' Salemme are 
later indicted for Bennett's murder. (Shelley Murphy, Playing 
Both Sides Pays Off, Boston Herald, Apr. 23, 1993).\189\

    12-27-67: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza in Gloucester, 
Massachusetts.\190\

                                  1968

    1-3-68: Special Agents Paul Rico and Dennis Condon meet 
with Joseph Barboza in Gloucester, Massachusetts. They tell him 
that he will probably be required to testify in Suffolk County 
Superior Court during the week of January 8, 1968, in 
connection with the gangland murder of Rocco Di Seglio. Barboza 
says that he is ready to testify and hopes good arrangements 
have been made for his protection since ``the organization'' 
will do everything possible to prevent him from 
testifying.\191\

    1-8-68: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza and advise him that he would be called to 
testify in Suffolk County Superior Court within the next few 
days regarding the gangland murder of Rocco DiSeglio.\192\

    1-18-68: Jerry Angiulo, Benjamin Zinna, Marino Lepore and 
Richard De Vincent are found not guilty in a jury trial in 
Suffolk County Superior Court of the gangland murder of Rocco 
Di Seglio.\193\

    1-25-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza in Gloucester, 
Massachusetts.\194\

    1-30-68: John E. Fitzgerald loses one leg and part of the 
other when a car bomb explodes in his car. Francis ``Frank'' 
Salemme and Stevie Flemmi allegedly planted the bomb. Salemme 
and Flemmi are indicted on October 10, 1969. Salemme is 
convicted on the basis of testimony from Robert Daddieco and 
ultimately serves 17 years; Flemmi flees on H. Paul Rico's 
advice. See United States v. Salemme, 91 F.Supp. 2d 141, 151 
(1999). ``Law enforcement officials said Mr. Fitzgerald was 
targeted for death because he was the lawyer for a famed Cosa 
Nostra soldier-turned-informer, Joseph Barboza Baron[.]'' Andy 
Dabilis and Ralph Ranalli, Mob Lawyer Maimed in '68 Dies, The 
Boston Globe, July 5, 2001. After the bombing, Fitzgerald and 
his family moved to Colorado. They relocated to Rapid City, 
South Dakota in 1972. Fitzgerald lived there until his death on 
July 3, 2001. Ed Hayward, Man Dies 33 Years After Surviving Mob 
Hit, Boston Herald, July 5, 2001. Fitzgerald had been a noted 
judge in the South Dakota State Court system since 1992. J.M. 
Lawrence, Prosecutors Rip Salemme Claim of FBI Frame Job, 
Boston Herald, Mar. 24, 2001.\195\

    Special Agents Paul Rico and Dennis Condon check on the 
physical well-being of Joseph Barboza.\196\

    Dennis Condon files a report indicating that he will 
maintain contact with Joseph Barboza.\197\

    1-31-68: Cartha DeLoach telephones and speaks with Director 
Hoover four separate times over the course of one hour and 
thirteen minutes. The first call is placed at 9:15 am.\964\ The 
log of Hoover's telephone calls lists no other business calls 
for the day. There also appears to be no other day over a two 
year period where there is a similar pattern of telephone calls 
from DeLoach or any other aide.

    2-2-68: Special Agents Paul Rico and Dennis Condon check on 
the physical well-being of Joseph Barboza.\198\

    2-9-68: Special Agents Paul Rico and Dennis Condon check on 
the physical well-being of Joseph Barboza.\199\

    2-19-68: Special Agent Paul Rico, Sergeant Detective Frank 
Walsh, and Assistant District Attorney Jack Zalkind meet with 
Joseph Barboza in Gloucester, Massachusetts. Zalkind reviews 
with Barboza the details of the Deegan murder in preparation 
for trial in Suffolk County Superior Court.\200\

    2-21-68: Special Agent Paul Rico, Sergeant Frank Walsh, and 
Assistant District Attorney Jack Zalkind interview Joseph Baron 
about the Deegan murder. Barboza tells them that he got the 
okay to ``hit'' Deegan from Henry Tameleo.\201\

    3-5/6-68: Joseph Barboza testifies in the Raymond 
Patriarca, Henry Tameleo and Ronald Cassesso case in federal 
court, involving the murder of William Marfeo. Ronald A. 
Wysocki, Patriarca Prosecution Rests Case, Boston Globe, Mar. 
6, 1968.\202\

    3-6-68: The Boston Globe reports that Ronald Cassesso's 
attorney, Ronald Chisholm cross-examined Joseph Barboza, in the 
trial of Cassesso, Raymond Patriarca, and Henry Tameleo for 
conspiracy to murder William Marfeo. Barboza was asked if he 
said that Cassesso was present when he first told Special 
Agents Paul Rico and Dennis Condon about the alleged 
conspiracy. When Barboza said he could not recall, Barboza was 
shown a piece of paper that he said refreshed his memory. 
Barboza then said he did not tell Rico and Condon who went with 
him to Rhode Island. Ronald A. Wysocki, Patriarca Prosecution 
Rests Case, Boston Globe, Mar. 6, 1968.\203\

    3-8-68: Raymond Patriarca, Ronald Cassesso, and Henry 
Tameleo are convicted in federal court of conspiring to kill 
William Marfeo. Joseph Barboza testified against the 
defendants. (Barboza was an unindicted co-conspirator, whom 
they allegedly tried to hire as the ``hitman'' to kill Marfeo. 
Clark Mollenhoff, Strike Force: Organized Crime and the 
Government 124 (1972)). With regard to Barboza's testimony, 
U.S. Attorney Paul Markham said, ``The case in the main 
depended on his [Barboza's] credibility. The jury obviously 
believed him, believed him 100 percent. It was a significant 
victory.'' Asked how the outcome of the case would affect the 
government's battle against organized crime, Markham said, ``To 
put it in a negative way, if we didn't win it, it would be all 
over.'' Walter T. Barnes, an attorney on Markham's staff, 
declared, ``We can't overemphasize the importance of this 
case.'' Another attorney on Markham's staff, Edward Harrington, 
commented, ``Because of these convictions there may be more 
information coming to us, and because of this there may be 
further cases developing.'' Robert J. Anglin, Patriarca, 2 
Others Guilty; Face 5 to 15 Years, Boston Globe, Mar. 9, 
1968.\204\

    3-12-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Barboza where he is in the 
protective custody of the U.S. Marshals Service.\205\

    3-15-68: Dennis Condon receives a $150 incentive award ``in 
appreciation for his noteworthy performance in the 
investigation of the Interstate Transportation in Aid of 
Racketeering-Gambling case involving Raymond L.S. Patriarca and 
others.'' Condon is acknowledged for skillfully handling an 
important Government witness whose cooperation was vital to the 
conviction of Patriarca and his two associates.\206\

    3-19-68: According to a memorandum by Special Agents Paul 
Rico and Dennis Condon, Joseph Barboza is contacted where he is 
in the custody of the U.S. Marshals and a check is made of his 
physical well-being. Barboza indicates that he is very 
disappointed in the attorneys who handled the Raymond Patriarca 
prosecution: Paul Markham, U.S. Attorney; Edward Harrington, 
Assistant U.S. Attorney; and Walter Barnes, Departmental 
Attorney; for not immediately coming down to personally thank 
him for his contribution to convicting Patriarca. Barboza is 
told that U.S. Attorney Markham had gone to Washington for, 
possibly, matters relating to Barboza. Barboza responded, 
``While these people don't want to show their appreciation, I 
am sure that Joe Balliro, the chief attorney for the defense, 
would show his appreciation in me, and I am sure that if things 
don't work out, that I can at least end up with $150,000 from 
Balliro.'' \207\

    Special Agents Paul Rico and Dennis Condon contact attorney 
John Fitzgerald at Massachusetts General Hospital where 
Fitzgerald is recovering from injuries sustained in the bombing 
of his car. Fitzgerald says he has come in contact with or has 
knowledge of many criminals, whom he believes are all now his 
enemy. Fitzgerald tells the agents that he is about to write a 
letter to Joseph Barboza telling Barboza that because he lost a 
leg in this bombing, Barboza should turn on these people and 
provide testimony that will send them to jail. Rico tells 
Fitzgerald that Rico would prefer that Barboza testify about 
whatever he could, without Barboza being pressured into 
testifying against specific individuals. Rico summarizes, ``If 
we feel that at a later date that Baron is `holding out,' we 
then may ask Fitzgerald's assistance, but we do not want Baron 
to be motivated by [Fitzgerald's] revenge.\208\

    3-20-68: In a letter from Attorney General Ramsey Clark to 
Director Hoover, Clark states the following: ``The recent 
conviction of New England Cosa Nostra leader, Raymond 
Patriarca, and two of his cohorts is one of the major 
accomplishments in the Organized Crime Drive Program. I have 
been advised by the Organized Crime and Racketeering Section 
and Mr. Paul Markham, the United States Attorney in Boston, 
that without the outstanding work performed by Special Agents 
Dennis Condon and H. Paul Rico these convictions could not have 
been obtained.'' \209\

    3-21-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza where he is being 
held in the protective custody of the U.S. Marshals Service. 
Assistant District Attorney Jack Zalkind and Detective Frank 
Walsh both of the Suffolk County DA's Office are also present. 
Barboza discussed some aspects of the Edward ``Teddy'' Deegan 
murder, including the involvement of Louis Greco.\210\

    3-28-68: Assistant District Attorney Jack Zalkind, Sergeant 
Frank Walsh, and Detective John Doyle interview Joseph Barboza 
about the Deegan murder.\211\

    3-29-68: Special Agents Paul Rico and Dennis Condon contact 
attorney John Fitzgerald at the hospital where he is recovering 
from the car bomb. Fitzgerald tells them that he told Assistant 
District Attorney Jack Zalkind that he will testify in the 
Edward ``Teddy'' Deegan trial if his testimony is the 
difference between convicting these people and letting them go 
free, but he does want to testify unless his testimony is 
critical.\212\

    By memorandum, the Boston SAC recommends to Director Hoover 
that Special Agent Paul Rico receive a quality salary increase: 
``Through his intensive and most skillful efforts, SA Rico 
developed four Top Echelon informants, namely, redacted section 
BS 955 C-TE and redacted section. The Top Echelon informants 
have furnished the day-to-day activities of Raymond L.S. 
Patriarca, LCN [La Cosa Nostra] boss from Providence, Rhode 
Island, and LCN hierarchy in the New England area. . . . 
Through the careful, selective use of the information derived 
from these informants, SA Rico was able to exploit same and 
develop Joseph Baron, aka Joseph Barboza, to a point where he 
testified against Raymond L.S. Patriarca; his underboss, Henry 
Tameleo; and LCN member, Ronald Cassesso. This resulted in the 
conviction of above-named individuals and also, the indictment 
of LCN members Ralph Lamattina and Peter Limone in the gangland 
slaying of Edward Deegan[.]'' \213\

    3-31-68: In his performance appraisal, Dennis Condon 
receives an ``excellent'' rating and is considered outstanding 
in his knowledge of the hoodlum element and La Cosa Nostra 
(LCN) activities in the Boston area. Condon is recognized for 
being particularly adept in the development of informants and 
was instrumental in obtaining a conviction of Raymond Patriarca 
and several other LCN members. The appraisal also notes that 
five informants are assigned to Condon. He is also considered 
an ``outstanding probative-type investigator.'' The review 
further states that Condon handled the most complicated 
matters, such as his handling of the Government witness in the 
Patriarca case. He is also considered dependable and 
resourceful.\214\

    4-2-68: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza in Gloucester, Massachusetts, to check on his 
physical well-being. Barboza also stated that he spoke to 
United States Attorney Paul Markham.\215\

    4-4-68: While in custody of the U.S. Marshals Service, 
Joseph Barboza is contacted by Special Agent Paul Rico, 
Detective Frank Walsh, and Assistant District Attorney Jack 
Zalkind. Walsh and Zalkind review aspects of the Edward 
``Teddy'' Deegan murder with Barboza.\216\

    4-5-68: Sergeant Frank Walsh and Detective Edward Walsh 
interview Geno Cognato, a bartender at Stella's Restaurant, on 
Boston's Fleet Street. Cognato states that he knew Ronald 
Cassesso and Joseph Salvati. Cognato did not know Joseph 
Barboza but had seen him on a few occasions. Cognato tells the 
detectives that Cassesso and Salvati were frequent customers of 
Stella's, but he never saw Peter Limone or ``any of the 
others'' in the restaurant. Cognato has no recollection of the 
night of Deegan's murder, and he does not recall seeing any of 
the men on the list in Stella's on the night of Deegan's 
murder.\217\

    4-9-68: Special Agents James D. McKenzie, Paul Rico, and 
Dennis Condon check on the physical well-being of Joseph 
Barboza at the location where he is in the protective custody 
of the U.S. Marshals Service.\218\

    4-17-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Barboza at the location where he 
is held in custody of the United States Marshals Service in 
Gloucester, Massachusetts.\219\

    4-18-68: The motions made by the Deegan defendants for 
police reports are denied.\220\

    4-20-68: Rudolph Marfeo and Anthony Melei are shot to death 
while shopping at a market in Providence, Rhode Island. State 
v. Patriarcha, 308 A.2d 300, 305 (R.I. 1988).\221\

    4-24-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza where he is held 
in the protective custody of the U.S. Marshals Service in 
Gloucester, Massachusetts.\222\

    Special Agent Dennis Condon reports the following on Joseph 
Barboza: ``Baron contacted on 3/21/68 and 4/4/68 by 
representatives of the Suffolk County District Attorney's 
Office in preparation for the murder trial involving the 
gangland death of Edward Deegan. [Attorney John] Fitzgerald 
also in contact with Suffolk County authorities relative to 
Deegan case. Subject should be considered armed and 
dangerous.'' \223\

    Special Agent Dennis Condon reports that he will maintain 
contact with Joseph Barboza.\224\

    4-26-68: Sergeant Detective Frank Walsh, Detective John 
Doyle, and Assistant District Attorney Jack Zalkind interview 
Joseph Barboza about the Deegan murder.\225\

    4-29-68: Special Agent Dennis M. Condon met with FBI 
Director J. Edgar Hoover in Washington, D.C.\965\

    J.B. Adams writes an FBI memorandum to Mr. Callahan 
regarding Dennis Condon stating, ``He developed Joseph Baron, 
aka Joseph Barboza, described as the most vicious criminal in 
New England and one whom law enforcement generally felt could 
never be compromised to testify against La Cosa Nostra's head, 
[Raymond] Patriarca, and Patriarca's associates. SA Condon 
directed Baron to the point where Baron testified for the 
Federal Government. The trial was finalized with the conviction 
of Patriarca, his underboss, Henry Tameleo, and La Cosa Nostra 
member Ronald Cassesso in U.S. District Court, Boston, in March 
1968.'' \226\

    5-8-68: An FBI memorandum describes a letter written by 
Joseph Barboza to Senator Robert Kennedy, complaining about his 
treatment since being in federal custody.\227\

    5-9-68: Assistant District Attorney Jack Zalkind interviews 
Joseph Barboza on the Deegan murder. Sergeant Frank Walsh takes 
notes of Barboza's statements.\228\

    5-13-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza where he is being 
held in the protective custody of the U.S. Marshals Service in 
Gloucester, Massachusetts. The FBI summary reads, ``Baron 
advised that United States Attorney Paul Markham and 
Departmental Attorney Walter Barnes had contacted him with 
Attorney General De Simone from Rhode Island and Colonel Walter 
Stone of the Rhode Island State Police. De Simone was trying to 
ascertain if Baron would be willing to testify against 
[Raymond] Patriarca in the State of Rhode Island. Baron said he 
listened to what they had to say but gave them no definite 
answer. He said he would be very much concerned for his 
personal safety if he had to go to Rhode Island and testify 
against Patriarca.'' \229\

    5-17-68: Assistant District Attorney Jack Zalkind 
interviews Joseph Barboza on the Deegan murder, with Sergeant 
Walsh taking notes.\230\

    5-20-68: Special Agents Dennis Condon and James D. McKenzie 
check on the physical well-being of Joseph Barboza where he is 
in the custody of the U.S. Marshals Service in Gloucester, 
Massachusetts. Barboza expresses concern that Assistant 
District Attorney Zalkind is not spending enough time with 
Barboza in preparation for his court appearance in Suffolk 
County. Barboza is advised that this matter would be brought to 
the attention of Zalkind and John Doyle of the District 
Attorney's office.\231\

    4-29-68: Special Agent Dennis Condon personally meets with 
Director Hoover in Washington.\965\

    5-21-68: According to the Boston Globe, Joseph Barboza 
``pleaded guilty Monday to two counts of [c]onspiracy to murder 
at the outset of the Suffolk Superior Court trial of seven men 
in connection with the gangland slaying of Edward `Teddy' 
Deegan.'' Barboza Pleads Guilty, Boston Globe, May 21, 
1968.\232\

    5-23-68: Director Hoover's office is informed who will 
testify in the Deegan trial. ``Special Agents Condon and/or 
Rico regarding witness Baron first mentioning Deegan murder to 
them, referral of matter to District Attorney's office, no 
promises made, etc.'' (Document retained by the Department of 
Justice).\233\ [Subsequently at trial, SA Condon testifies that 
Barboza was not shown papers or reports. Condon further 
testifies that no facts about Deegan's death were communicated 
to Barboza. Moreover, Condon testifies that it was not fair to 
say that he and Rico were ``major figures, so to speak, with 
regard to the investigations surrounding the information 
furnished by Mr. Baron.'' He further testified that he was very 
careful not to impart any information to Barboza. See 7-19-68 
entry.]

    Assistant District Attorney Jack Zalkind, Sergeant 
Detective Frank Walsh, and Joseph B. Fallon meet with Joseph 
Barboza. Zalkind discusses Barboza's testimony before the Grand 
Jury with Barboza. Barboza read personally prepared handwritten 
notes relative to matters that Zalkind had previously discussed 
with him to Zalkind.\234\

    5-27-68: The Edward ``Teddy'' Deegan murder trial 
begins.\235\

    5-28-68: Special Agent Paul Rico notifies the Boston SAC by 
memorandum that an informant advised that Jerry Angiulo and 
Larry Baione are very concerned about the Deegan trial that 
recently commenced; they have tried ``to reach'' prospective 
jurors and defense witnesses, and they are going to try and 
reach Assistant District Attorney Jack Zalkind. The informant 
indicated to Rico that Angiulo said that they are going to 
offer Zalkind $200,000 for a guaranteed ``not guilty.'' \236\

    5-31-68: Special Agent Dennis Condon checks on the physical 
well-being of Joseph Barboza where he is being held in the 
protective custody of the U.S. Marshals Service in Gloucester, 
Massachusetts. In his memorandum, Condon states, ``Baron 
advised that there have been a number of occasions when 
Assistant District Attorney for Suffolk County, Jack Zalkind, 
notified him that he was going to meet with Baron in 
preparation for the pending Deegan murder trial in Suffolk 
County and then Zalkind called him to cancel the meeting. He 
complained that he did not feel Zalkind was spending adequate 
time with him in preparation for the case. However, he was 
advised that this would be brought to the attention of Mr. 
Zalkind and that Zalkind would take the matter up with him.'' 
\237\

    6-5-68: Special Agents Paul Rico and Dennis Condon check on 
the physical well-being of Joseph Barboza where he is being 
held in the protective custody of the U.S. Marshals Service in 
Gloucester, Massachusetts.\238\

    6-12-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza where he is being 
held in the protective custody of the U.S. Marshals Service in 
Gloucester, Massachusetts. According to the report, Barboza 
advises that ``he has been in touch with Suffolk County 
authorities and hopes to testify in the near future in the 
Edward `Teddy' Deegan murder case. Baron advised that he knows 
that the Rhode Island authorities want him to testify against 
[Raymond] Patriarca in State proceedings but he had not made up 
his mind whether he wants to do this as he would be concerned 
for his protection if he had to go to the State or Rhode Island 
where Patriarca had had so much influence for so many years.'' 
\239\

    6-19-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza where he is being 
held in the protective custody of the U.S. Marshals Service in 
Gloucester, Massachusetts.\240\

    6-24-68: Special Agent Dennis Condon prepares a memorandum 
regarding Joseph Barboza, describing him as ``armed and 
dangerous.'' \241\

    6-28-68: Special Agent Dennis Condon contacts Joseph 
Barboza at the Suffolk County Superior Court in Boston. Barboza 
is being held at the Court prior to his appearance to furnish 
evidence in the Edward ``Teddy'' Deegan murder trial. Condon 
writes that no matters of any pertinence are discussed.\242\

    7-2/11-68: Joseph Barboza testifies at the Edward ``Teddy'' 
Deegan murder trial that he did not shoot Deegan, nor did he 
did see who shot Teddy Deegan. [An FBI Memorandum dated 4-6-65 
contradicts this testimony. According to this memorandum, 
Barboza told a PCI (``Potential Confidential Informant'') that 
he ``shot Teddy Deegan with a .45 caliber gun.'' See 3-23-65 
entry.] Barboza also testifies that hours before the 
perpetrators left the Ebb Tide for the Deegan murder Barboza 
told Joseph Salvati to ``go outside and put Romeo's car down 
the far end of the parking lot.'' (3363-64). Barboza also 
testifies that he told Salvati that when Salvati saw him and 
the others come out the back door of the Ebb Tide to ``blink 
your lights once to let us know where you are, in what 
direction in the back of the parking lot you are.'' (3364). 
Barboza further testifies that Salvati wore a disguise 
consisting of glasses, a moustache and a wig that made him look 
bald. (3367, 3370, 3372). Barboza testified that once they were 
in the car ``I could see Joe [Salvati] putting on this wig and 
the snapping of the elastic. . . . [The wig] had hair around 
this way and it had few strands over here. It gave you a very 
high--there's a few strands in front that went back here and 
you were bald.'' When asked what the wig looked like from the 
back, Barboza responded, ``You were bald.'' (3391-92). Barboza 
also testifies that Salvati was sitting in the back of the car. 
(3388). Barboza tells the Court that he is testifying in part 
to get ``a break.'' Barboza explains, ``I am hoping that in 
regards to a break that what I give before this Court would be 
taken into consideration[.] . . . And the only promise that has 
been made in regards to that is that the FBI will bring it to 
the attention of the Judge and it shall rise and fall, in 
regards to the cooperation that I gave, to the Court.'' Yet, 
Barboza claims that his ``hoping for a break'' has nothing do 
with his testimony. Barboza further testifies that he was 
promised that his wife and child would be protected. (4455-
4466, 4651-4658).\243\

    7-19-68: Special Agent Dennis Condon testifies in the 
Edward ``Teddy'' Deegan murder trial. Condon states that he did 
not show Joseph Barboza any reports or papers concerning the 
death of Deegan. He further testified that he communicated no 
facts about Deegan's death to Barboza. Condon denies that it is 
fair to say that he and Rico were ``major figures'' in the 
investigations surrounding the information furnished by 
Barboza. Agent Condon again testifies that he was ``very 
careful not to impart any information'' about the case to 
Barboza.\244\

    7-29-68: In his closing argument, Joseph Salvati's 
attorney, Chester Paris, emphasizes that the only evidence 
inculpating Salvati came from ``the lips of Joseph Barboza, 
uncorroborated in every respect.'' (See David Taylor, Deegan 
Trial Lawyers Call Baron `Liar,'' Boston Globe, July 30, 1968). 
In his closing argument, Robert Stranziani, attorney for Peter 
Limone, quotes from a letter Barboza wrote to his girlfriend, 
`` `I don't care whether they're innocent or not. They go.'' 
(See Ronald Wysocki, Baron Bashed at Deegan Trial, Boston 
Globe, July 29, 1968).\245\

    In the prosecutor's summation at the Deegan murder trial, 
he made the following argument to the jury: ``Can you believe 
Joseph Baron? I suggest to you, ladies and gentlemen, Joseph 
Baron--and this would apply to anyone who took the stand--that 
in order for that person to tell a story such as Joseph Baron 
told in this case, he would have to have the cooperation of the 
FBI, the Chelsea Police Department, the District Attorney's 
Office, the Federal Bureau of Investigation, the United States 
Attorney's Office[.]'' (Prosecutor's Summation Commonwealth v. 
Greco, et al., No. 31601, at 7440 (Mass. July 31, 1968)).\246\

    7-31-68: Joseph Salvati, Ronald Cassesso, Louis Greco, 
Henry Tameleo, Roy French, and Peter Limone are convicted of 
the murder of Edward ``Teddy'' Deegan. The jury deliberated for 
more than seven hours over a two-day period. (Boston Globe, 
July 31, 1968)).\247\ Vincent ``Jimmy'' Flemmi was neither 
prosecuted, nor convicted for the Deegan murder. Furthermore, 
Joseph Barboza received no additional time beyond what he had 
already been sentenced for a firearms conviction. Romeo Martin 
and Chico Amico, also allegedly involved in the Deegan murder, 
were murdered in 1965 and 1966 respectively.

    By teletype, the Boston FBI Office informs Director Hoover 
of the convictions and sentences for the Edward ``Teddy'' 
Deegan murder. Joseph Salvati and Roy French are sentenced to 
life. Louis Greco, Ronald Cassesso, Peter Limone and Henry 
Tameleo are sentenced to death. The teletype notes that Paul 
Rico and Dennis Condon were instrumental in developing Barboza 
and recommends they receive letters of commendation.\248\

    8-1-68: In a letter to Director Hoover from Congressman 
John W. McCormack, Congressman McCormack recommends John J. 
Connolly, Jr., for the FBI's favorable consideration.\249\

    8-2-68: An FBI memorandum from SA (redacted) in the Boston 
Office to the Boston SAC advises that an informant said Francis 
``Frank'' Salemme was very angry with the verdict in the Edward 
``Teddy'' Deegan trial and stated that (redacted) was trying to 
make an empire for himself (redacted) and that something should 
be done regarding (redacted). He further indicated that it was 
too bad that they did not finish the guy that they wheeled into 
court [John E. Fitzgerald, Barboza's attorney at the Deegan 
trial, was injured in a car bomb in Jan. 1968. Fitzgerald used 
a wheelchair sometimes in court.] Salemme indicated that the 
DA's office had lied, the witnesses in the trial had lied and 
also the Feds had lied and according to the informant, the only 
ones that did not lie were the defendants. Informant stated 
that he considered Frankie Salemme one of the worst and most 
treacherous individuals in the Boston area. He stated that he 
is constantly with Larry Baione and has made a statement that 
he did not care about the results of the verdict in the Deegan 
murder case except for the verdict against Peter Limone and 
Henry Tameleo. ``On August 2, 1968, District Attorney Garrett 
H. Byrne was informed of the above information by SA H. Paul 
Rico.'' \250\

    8-5-68: Director Hoover commends Paul Rico and Dennis 
Condon by letter for their work ``in the investigation of a 
local murder case involving Roy French and others.'' \251\

    8-12-68: Special Agents Paul Rico and Dennis Condon check 
on the physical well-being of Joseph Barboza, who is in the 
protective custody of the U.S. Marshals Service in Gloucester, 
Massachusetts. Barboza advises the agents that his wife had 
given birth a few days ago to a healthy baby boy.\252\

    8-14-68: Special Agents Paul Rico and Dennis Condon contact 
Joseph Barboza, who is in the protective custody of the U.S. 
Marshals Service in Gloucester, Massachusetts, and check on his 
physical well being. Though Barboza understands that he is 
going to be moved from his protective custody location within 
the next few days, he hopes to remain in contact with Special 
Agents Rico and Condon even if moved from the area.\253\

    8-15-68: In a letter from the FBI, Dennis Condon is 
commended for ``the excellent fashion in which he performed in 
the investigation of a local murder case involving Roy French 
and others.'' \254\

    10-4-68: The Special Investigative Division of the 
Department of Justice requests an ``interview of Boston hoodlum 
Baron [Barboza] by 2 Boston Agents [Rico and Condon] who 
developed Baron as a cooperative witness which resulted in the 
conviction of six hoodlums in connection with gangland slaying 
in that area. . . . Department advises Baron has indicated 
having additional information to discuss with Boston agents 
Condon and Rico who developed his cooperative attitude.'' \255\

    10-7-68: By airtel, Director Hoover authorizes the Boston 
SAC to have Special Agents Paul Rico and Dennis Condon to 
``proceed to redacted section to interview Baron and obtain 
additional information in his possession'' as requested by the 
DOJ.\256\

    Congressman John W. McCormack writes a second letter to 
Director Hoover recommending John J. Connolly for Hoover's 
``favorable consideration.'' \257\

    10-8-68: In a letter from Director Hoover to Congressman 
John W. McCormack, Hoover states: ``I am indeed pleased to 
inform you that Mr. John J. Connolly, Jr., in whom you have 
expressed an interest, has been tendered an appointment as a 
Special Agent in the Federal Bureau of Investigation.'' \258\

    10-10-68: The Boston SAC writes a memorandum to Director 
Hoover stating that Special Agent Dennis Condon has known the 
applicant, John Connolly, for one year and recommends him 
favorably for the position of Special Agent.\259\

    11-1-68: The Boston SAC informs Director Hoover by airtel 
that Barboza appeared in Suffolk County Superior Court where 
``habitual criminal'' indictments were filed against him, and 
he was sentenced to ``not less than one year nor more than a 
year and a day'' on other counts. This sentence was in 
connection with the conspiracy indictment for the Edward 
``Teddy'' Deegan murder. John Fitzgerald, standing on an 
artificial limb with the aid of a cane, represented Barboza at 
the proceedings.\260\ [Barboza was arrested on October 6, 1966, 
and convicted of weapons charges on January 25, 1967. See 10-6-
66 and 1-25-67 entries].

    The Boston SAC writes an airtel to Director Hoover stating, 
``Joseph Baron appeared today before Suffolk Superior Court 
Judge Felix Forte, Boston, Massachusetts Judge Forte, on the 
recommendation of the District Attorney's Office, Suffolk 
County, dismissed indictments against Baron stemming from 
Baron's alleged attempt to assault and murder Arthur Pearson 
inasmuch as Arthur Pearson, who was the main witness in these 
indictments, has subsequently been murdered by others. Joseph 
Baron pled guilty to all remaining indictments and Judge Forte 
again, on the recommendation of the District Attorney's office, 
in view of the cooperation that Baron had given both the 
federal and local authorities, sentenced Baron to not less than 
one year, nor more than one year and one day, which sentenced 
to be served concurrently with the sentence he is presently 
serving on the indictment of `Conspiracy to Murder Edward Teddy 
Deegan.' The Judge placed on file the other indictments. It 
should be noted that Baron is presently doing 4-5 years on a 
`Possession of Firearms' and this sentence will expire in 9/69 
and that the new sentence will expire at the same time. Baron 
actually is being retained by the USMs and he has left this 
area this date to return to the military reservation in 
redacted.'' \261\

    11-15-68: J.H. Gale writes a memorandum to F.B.I. Deputy 
Director Cartha DeLoach ``to set forth the FBI's views with 
reference to the Department of Justice--`Task Force' (also 
called `Strike Force') concept on organized crime.'' The 
memorandum notes that a ``principal objection [to the Task 
Force concept] is that the FBI's accomplishments would be 
submerged in the claiming of credit by the Task Force beyond 
its actual contribution, and they will wind up grabbing the 
lion's share of favorable publicity.'' The memorandum mentions 
the Boston prosecutions as primary examples of ``prosecutive 
achievement,'' and states ``as a result of FBI investigation, 
in State court in Boston, Massachusetts, six more were 
convicted in the 1965 slaying of Edward Deegan. La Cosa Nostra 
members Henry Tameleo, Ronald Cassesso, Peter Limone, and Louis 
Greco were all sentenced to death while two confederates were 
given life sentences.'' \262\

                                  1969

    1969: Special Agent Paul Rico tells Stephen Flemmi that he 
and Francis ``Frank'' Salemme will soon be indicted for the 
attempted murder of John Fitzgerald, Joseph Barboza's attorney. 
Rico suggested that Flemmi and Salemme flee; they heed his 
advice. While a fugitive, Flemmi stays in touch with Rico. Yet, 
Rico does not share this information with the fellow FBI agents 
responsible for finding Flemmi. [The FBI apprehends Salemme on 
December 4, 1972, and he is convicted in June 1973. Salemme 
serves 12 years in prison. (United States v. Salemme, 91 
F.Supp.2d 141, 151-52 (D. Mass. 1999); see also Commonwealth v. 
Salemme, 323 NE 2d 922 (Mass. App. 1975)); 1974 entry.\263\

    1-24-69: Assistant Attorney General Nathaniel E. Kossack, 
of the Criminal Division, states in a letter to Director 
Hoover, ``[W]e have been recently advised by District Attorney 
Garret Byrne, Suffolk County, Massachusetts, that there is a 
possibility that Baron may be paroled within the next three 
months. If such proves to be the case, we feel we have the 
responsibility to relocate this witness and his family. 
Accordingly, we have made some preliminary inquiries and 
determined that it may be possible to send Baron to 
Australia.'' \264\

    The Washington Capital News Service reports that Joseph 
Barboza's former attorney John E. Fitzgerald, who is marked for 
assassination, left the United States for a new job, a new 
name, and a new country. [Fitzgerald later serves as a judge in 
South Dakota.] \265\

    1-28-69: Director Hoover responds by letter to Assistant 
Attorney General Nathaniel E. Kossack's January 24, 1969, 
letter proposing that Barboza be relocated possibly in 
Australia if he is paroled in three months. Director Hoover 
states in the letter that the FBI has ``no objection to the 
relocation of Baron as proposed,'' since ``the FBI 
investigations stemming from information furnished by Baron 
have been completed.'' \266\

    3-28-69: After serving three years for armed assault with 
intent to murder, Vincent ``Jimmy'' Flemmi is released from 
prison. He receives a good conduct discharge from Massachusetts 
Correctional Institute at Walpole. Flemmi was incarcerated for 
this crime on March 9, 1966.\267\

    ``Joseph (Baron) Barboza 36, self admitted hired gun was 
granted freedom . . . on the condition that he leave the state 
and never return. Baron . . . was released . . . after a 
special hearing of the state Parole Board at Charles street 
jail. He was taken under guard to Logan Airport and put aboard 
a plane for a secret destination. Baron was paroled from a four 
to five year state prison sentence for carrying a gun. Earlier 
in the day, Superior Court Judge Felix Forte suspended a year-
and-a-day sentence for conspiracy to murder. Also hanging over 
Baron's head had been habitual criminal indictments carrying 
sentences up to 70 years. These were dropped by Suffolk County 
District Atty. Garrett H. Byrne after Baron kept his promise to 
testify against his former gangland associates.'' (Baron Free, 
State Put Off Limits, Boston Globe, Mar. 29, 1969).\268\

    3-31-69: In a performance appraisal, Special Agent Dennis 
Condon is rated excellent. He is considered outstanding in 
dependability, loyalty and enthusiasm, and he is ``capable of 
handling the most complicated investigative matters with a 
minimum degree of supervision.'' The evaluation notes that 
Condon is not interested in administrative advancement.\269\

    April 1969: Joseph Barboza is moved from Fort Knox, 
Kentucky, to Santa Rosa, California, by federal 
authorities.\270\

    4-2-69: The Boston SAC advises Director Hoover by airtel 
that a letter was found in a box provided for prisoners to send 
uncensored letters from Barnstable County Jail. The letter was 
printed and unsigned by an unknown writer. Portions of that 
letter read, ``There has been a security leak in the transfer 
of Barboza-Baron from the Barnstable Jail. Certain people now 
know the method in which he was taken. Steps are now being 
taken to recheck the route. Parties in Providence have been 
told to find him.'' \271\

    4-14-69: A memorandum is written to Director Hoover with 
what appears to be Special Agent Dennis Condon's signature in 
the bottom right-hand corner. The memorandum regarding Joseph 
Barboza states, ``Investigation is being initiated in 
connection with the TECIP to develop Subject as a top echelon 
criminal informant; therefore, Subject is being designated a 
target under this program.'' \272\

    5-7-69: An FBI memorandum from SAs redacted section to SAC 
redacted contains the following statement: ``Informant advised 
that redacted and Jimmy Flemmi are in very strong with Larry 
Baione and Jerry Angiulo. Informant said that should they want 
anyone `whacked out,' these would be the two that would do 
it.'' Special Agent Paul Rico's last name is handwritten in the 
bottom right hand corner of the first page. [Note: This 
document is heavily redacted.] \273\

    6-5-69: Special Agent Paul Rico meets with John ``Red'' 
Kelley at the Charles Street Jail, where Kelley was 
incarcerated. Subsequently, Rico meets with Kelley on several 
occasions (June 6, June 25, July 8, July 9, July 10, and July 
17) before Kelley testifies before the grand jury on August 
14.\274\

    7-10-69: According to a memorandum from Mr. Gale to T.J. 
McAndrews, John Buckley of the Massachusetts Council on Crime 
and Correction said the Raymond Patriarca logs were in the 
possession of an unidentified individual. Henry Petersen, 
Deputy Assistant Attorney General of the Criminal Division 
instructed Walter Barnes, Department Attorney in Boston to 
contact Buckley again and demand the identity of the individual 
in possession of the documents. The memorandum also directs 
Barnes to instruct Buckley that there must be no publication of 
the documents. If Barnes cannot successfully arrange the return 
of the documents, Assistant Attorney General Wilson will talk 
to Buckley in an effort to secure the return of the documents. 
If these approaches fail, the Department will consider bringing 
Buckley before a Grand Jury in Boston. In addition, the 
memorandum states that if Buckley cooperates and furnishes the 
identity of the individual, the Department is considering 
obtaining an injunction to prevent this individual from 
publishing these documents. If all of these efforts fail, 
Petersen advised that ``he contemplates requesting the Bureau, 
by letter, to conduct an inquiry of those individuals who had 
possession of these documents in connection with the Patriarca 
and [Louis] Taglianetti cases.'' \275\

    8-11-69: In a prosecution memorandum from Mr. Gerald E. 
McDowell, Organized Crime Strike Force, Boston, Massachusetts, 
to Mr. Thomas Kennelly, Deputy Chief, Organized Crime and 
Racketeering Section, U.S. Dept. of Justice, Washington, D.C., 
McDowell recommends prosecuting Raymond Patriarca for his role 
in the Rudolph Marfeo and Anthony Melei murders. This 
memorandum states that this case is ``remarkably similar'' to 
the Willie Marfeo case. The memorandum also indicated that 
there could be concurrent state and federal prosecutions. 
[Note: The original memorandum is not appended to the 
Committee's chronology and is retained in Justice Department 
files.]

    8-14-69: John ``Red'' Kelley appears before a Grand Jury to 
answer questions regarding the murders of Rudolph Marfeo and 
Anthony Melei.\276\ Kelley is granted immunity in exchange for 
his testimony.\277\

    Indictments are filed, ordered, and issued for defendants 
Maurice ``Pro'' Lerner, Robert E. Fairbrothers, Rudolph 
Sciarra, John Rossi, Luigi Manocchio and Raymond Patriarca for 
the murders of Rudolph Marfeo and Anthony Melei. In particular, 
an indictment charges Lerner with two counts of murder and one 
count of conspiracy to murder.\278\ [Note: Two published 
opinions, State v. Lerner, 308 A.2d 324 (R.I. 1973) and State 
v. Patriarca, 308 A.2d 300 (R.I. 1973), both state that 
indictments were returned against Lerner and Patriarca on June 
2, 1969.]

    8-19-69: In a letter from John E. Fitzgerald to Director 
Hoover, Fitzgerald writes, ``[T]hrough the assistance of the 
Boston Office of the Federal Bureau of Investigation; more 
particularly, Special Agent in Charge Handley, Special Agents 
Rico and Condon and redacted section has agreed to insure my 
home. . . . I have no question in my mind that the principal 
reason that Joseph (Barboza) Baron cooperated with the Federal 
Bureau of Investigation was the personal qualities manifested 
by Agents Rico and Condon. In the near future a book will be 
published telling a part of that story. This book will make a 
public record of my feelings toward your Agency.'' \279\

    9-11-69: Indictment returned against Stephen Flemmi, 
Francis ``Frank'' Salemme and Peter Poulos for the murder of 
William Bennett. Flemmi, Salemme and Poulos flee the Boston 
area, traveling to Los Angeles, California.\280\

    9-29-69: Francis ``Frank'' Salemme and Stephen Flemmi 
allegedly murder Peter Poulos, in the desert outside of Las 
Vegas. Poulos is shot three times in the head with a .38 
caliber pistol. Poulos could have tied Salemme and Flemmi to 
the William Bennett murder. (See November 1967 entry). Chuck 
Lee, the homicide detective who investigated the Poulos slaying 
and built the case against Flemmi and Salemme learned that 
Poulos was a Boston police informant who decided to flip. 
Someone tipped Flemmi and Salemme off and Poulos was killed. 
The Las Vegas-Review Journal reported, ``It was obvious to Lee 
early on that the investigation was officially being hampered, 
and after a few months the FBI took control of the case.'' 
Despite the fact that the Court issued murder warrants, Lee 
said that `` `everything came to a sudden stop.' '' The local 
police were not allowed to interview the suspects, and there 
was no move to extradite them. (John L. Smith, Police 
Frustrated Over Federal Protection of Slaying Suspects, Las 
Vegas Review-Journal, Oct. 21, 1998; See also John L. Smith, 
Years After His Death, Bit Player in Mob has Chance to Make It 
Big, Las Vegas Review-Journal, Apr. 7, 2002; Indicted Hub Man 
Slain in Las Vegas, Boston Globe, Jan. 31, 1970).\281\

    10-10-69: Indictments are returned against Stephen Flemmi 
and Francis ``Frank'' Salemme for their roles in bombing John 
Fitzgerald's car, severely injuring Fitzgerald. (Commonwealth 
v. Salemme, 323 N.E. 2d 922 (1975)).\282\

    Peter Poulos' body is discovered near Las Vegas, Nevada. 
The identity of the body is unknown at this time. A tentative 
identification was made on January 30, 1970, and a positive 
identification was made on February 2, 1970.\283\

    10-15-69: In a letter from Middlesex County District 
Attorney John Droney to Director Hoover, Droney expresses his 
appreciation for the cooperation his office received from the 
Boston FBI Office in the investigation into the bombing of John 
Fitzgerald's automobile. Droney's letter explicitly states, 
``Through the cooperation of the Boston office, and in 
particular through the efforts of Special Agents James D. 
McKenzie and Floyd I. Clarke, we were able to obtain 
indictments against one Francis ``Frank'' Salemme and one 
Stephen Flemmi, both of whom are major organized crime figures 
in this area. This bombing took place on January 30, 1968, and 
from that day until the present, Special Agents H. Paul Rico 
and Dennis M. Condon have maintained contact with our office 
concerning this incident.'' \284\

    12-13-69: Vincent ``Jimmy'' Flemmi stabs Lawrence Pacino 
and his brother, Leonard Pacino, according to an FBI 
memorandum. The memorandum cites Boston police detective Ed 
Walsh as the source of this information.\285\

                                  1970

    1-8-70: Vincent ``Jimmy'' Flemmi is arrested for assault 
with intent to murder James Abbout. This incident occurred when 
Flemmi accused Abbout of being an informant for the Boston Task 
Force on counterfeit money. Flemmi is subsequently convicted on 
March 20, 1970. (See 3-20-70 entry).\286\

    1-19-70: The Boston FBI reports that Boston police 
detectives suspect that Vincent ``Jimmy'' Flemmi is collecting 
shylock money for his brother, Stephen ``The Rifleman'' Flemmi, 
who along with Francis ``Frank'' Salemme and Peter Poulos are 
currently the subjects of an unlawful flight 
investigation.\287\

    1-30-70: The Las Vegas FBI Office notified the Clark County 
Sheriff's Department that it had received information from the 
Boston FBI Office that the Boston P.D. had established 
tentative identification of the murder victim found near Las 
Vegas on October 10, 1969, as being Peter J. Poulos.\288\

    2-2-70: The unknown murder victim found on October 10, 
1969, near Las Vegas is positively identified as Peter J. 
Poulos using the victim's fingerprints.\289\

    Sergeant Frank Walsh of the Organized Crime Section of the 
Boston Police Department is contacted by the Clark County 
Sheriff's Department regarding the Peter Poulos murder. Walsh 
stated that Poulos, known to be a loan shark and racketeer, was 
wanted by the Boston Police Department, along with Stephen 
Flemmi and Francis ``Frank'' Salemme, for the murder of William 
Bennett. All three were indicted for the Bennett murder on 
September 11, 1969. Flemmi, Salemme and Poulos disappeared from 
Boston on that date. Walsh also indicates that these three men 
are suspected of several more murders in the Boston area. Walsh 
states that it is common knowledge that Flemmi and Salemme 
considered Poulos to be a ``weak link'' and would eventually 
kill him.\290\

    2-3-70: Sergeant Detective Frank Walsh of Boston's 
Organized Crime Section writes a letter to Detective Charles 
Lee of the Clark County Sheriff's Office. On a night prior to 
the September 11, 1969, William Bennett murder indictment, the 
letter states that ``Peter [Poulos] received a telephone call 
from a person who stated to Mrs. Katherine Poulos [Peter's 
mother] that it was very important for Peter to get in touch 
with Steve [presumably Flemmi]. This message was given to Peter 
when he came home on Monday, September 8, 1969[,] and he stated 
to her that he was going to Cape Cod for a couple of weeks 
vacation. He took some clothes in a paper bag and left [in his 
car]. . . . On September 15, 1969, Katherine Poulos notified 
the office of the Organized Crime Section [of the Boston Police 
Department that [Peter's] car was now parked outside of her 
home. . . . She stated that the vehicle was put there sometime 
during the night by person(s) unknown. . . . Further 
examination of the right front fender of the vehicle disclosed 
what appeared to be blood.'' The department chemist determined 
that the blood was human blood. The letter advises that William 
Fopiano is a known criminal who may have been in the Las Vegas 
area recently. The letter concludes, ``There is a strong 
possibility that this man may be involved in this matter[.]'' 
\291\

    2-12-70: Walter T. Barnes and Edward Harrington, attorneys 
for the Department of Justice's Boston Strike Force write a 
memorandum to Henry E. Petersen, Deputy Assistant Attorney 
General. The memorandum opines, ``I think it fair to state that 
it was agreed by all in the Department of Justice that at the 
time [Joseph Barboza] was released from Government protection 
every effort would be made to provide his [sic] with a job and 
an unspecified sum of money. However, in the event it was 
impossible to obtain a job for him because of [Barboza's] 
extensive record (36 years old--17 in prison) and inability to 
do anything, it was agreed that he would be provided additional 
money. This position was made known to [Barboza]. A year has 
passed and we have been unable to provide [Barboza] with a job. 
At the time he was released from protective custody he was 
given only $1,000 in Government funds[.] . . . However, he is 
now almost penniless and feels that he has not been given a 
fair chance to begin a new life. . . . In addition, it should 
be noted that FBI Intelligence indicates that [Barboza] has 
been recognized at his present location by an individual who 
knows some of the Massachusetts hoodlum element. . . . 
[Barboza] is now desperate. He states he is without any money 
and feels that the Government has reneged on its promise to 
provide him with sufficient money. He has indicated that he 
will publicly retract his testimony given in the aforementioned 
cases and will make known to the press that the Government did 
not give him a fair chance to go `straight.' In the opinion of 
the writers if either of the above should occur, the Federal 
Government will receive a severe setback as the [Raymond] 
Patriarca and [Henry] Tameleo cases might be overturned and 
plunge the Government into protracted and acrimonious 
litigation. In addition, informants willing to testify will be 
almost impossible to secure. We recommend that by some manner 
or means [Barboza's] request be honored to the degree possible. 
Of course it would be made perfectly clear to him that such 
money would be all that he would ever receive.'' \292\

    2-13-70: According to Boston SAC James Handley's letter to 
Department of Justice Attorney Walter T. Barnes, since Joseph 
Barboza's re-location, he ``was observed and identified at a 
union hall for the Marine Cooks and Stewards Union. He was 
observed by an individual named Manuel Gonzales, a Portuguese 
from New Bedford, Massachusetts. . . . I also wish to call to 
your attention that in January, 1970, after Gonzales had 
observed and confronted Barboza with redacted section two well 
known `hit' men from the Boston area, Harry Johnson and Allen 
Leavitt Fidler, also known as `Suitcase,' traveled to the San 
Francisco area and, according to informants of this office, 
were supposed to be making the trip to harm someone in that 
area.'' \293\

    2-27-70: Maurice ``Pro'' Lerner's trial for the murders of 
Rudolph Marfeo and Anthony Melei begins.\294\

    3-3-70: Henry E. Petersen, Deputy Assistant Attorney 
General of the Criminal Division, authors a memorandum to 
William Lynch, Chief of the Organized Crime and Racketeering 
Section. With regard to Joseph Barboza, Petersen writes, ``The 
memoranda submitted by Walter Barnes do not in my judgment 
support the expenditure of Nine Thousand Bucks. . . . The 
additional $4,000 requested to make up the total of Nine, 
obviously has no support. I am bothered by the thought on this 
score that Baron, if my recollection is correct, expected a 
$10,000 payment at the time his testimony was concluded.'' 
\295\

    3-9-70: John ``Red'' Kelley takes the stand at the Maurice 
``Pro'' Lerner trial. Under direct examination by Assistant 
Attorney General Richard Israel, Kelley testifies that no law 
officer or any prosecutor of any jurisdiction made any promises 
to Kelley before he testified and no one promised Kelley that 
he would receive any consideration for his testimony. Kelley 
testifies that he was granted immunity from prosecution for 
crimes related to the Marfeo/Melei murders in Rhode Island and 
he hopes ``that my testimony will be in cooperation with and 
brought to the attention of the other jurisdiction 
[Massachusetts] in the final outcome of [the Brink's Robbery] 
case.'' \296\

    3-10-70: Ronald J. Chisholm, attorney for defendant Maurice 
``Pro'' Lerner, cross-examines John ``Red'' Kelley at the 
Rudoph Marfeo and Anthony Melei murder trial. In the exchange, 
Kelley states that Special Agent Paul Rico and Robert E. 
Sheehan ``couldn't promise but they'd bring any testimony that 
I would give to the attention of the proper authorities, that's 
all they said.'' Moreover, without giving any detail, Kelley 
testifies that the Government (presumably the FBI) promised him 
protection. Kelley then adds that there were no other promises, 
``none whatsoever.'' In particular, Kelley states that he was 
not promised a new identity, saying agents of the U.S. 
Government ``didn't promise me anything.'' He also testifies 
that the U.S. Government made ``no promises at all'' to 
relocate Kelley to another part of the world. In addition, 
Kelley tells the Court, ``I refused to testify unless I was 
given immunity'' for his acts in relation to the Marfeo and 
Melei murders.\297\

    Under cross-examination by Robert S. Ciresi, attorney for 
defendant Robert Fairbrothers, John ``Red'' Kelley states that 
he was not being supplied with income from the U.S. 
Government.\298\

    3-11-70: Clark County Sheriff Ralph Lamb sends Clark County 
District Attorney George Franklin a case summary on the Peter 
Poulos murder, which was compiled by Detectives Jim Duggan and 
Charles Lee. The case summary concludes, ``[I]t becomes 
apparent that victim Peter J. Poulos and suspects Stephen J. 
Flemmi and Francis P. Salemme left Boston, Massachusetts on or 
about 9/11/69, traveling to Los Angeles, California. On 9/18/
69, [an apartment] was rented by one of the subjects, using the 
name `Paul J. Andrews.' On or about 9/27/69 victim Poulos and 
suspects Flemmi and Salemme left the apartment in Los Angeles 
en route to Las Vegas. . . . Suspects Flemmi and Salemme shot 
and killed victim Peter J. Poulos leaving his body alongside 
the highway where it was subsequently discovered. This 
Department has been unable to find any evidence to indicate 
that victim Poulos ever arrived at Las Vegas. . . . To date no 
trace of either suspect has been found. . . . [Sgt. Frank 
Walsh] can . . . testify to the fact that [Poulos, Flemmi, and 
Salemme] were, and are now under indictment for murder, and 
that Poulos was a potential witness against them.'' The 
Detectives request that murder warrants and complaints be 
issued for Flemmi and Salemme for the murder of Poulos.\299\

    3-12-70: A warrant for the arrest of Stephen Flemmi and 
Francis ``Frank'' Salemme is issued in Clark County, Nevada. 
Judge Roy Woofter signs the warrant charging Flemmi and Salemme 
for the murder of Peter Poulos.\300\

    3-13-70: Special Agent Paul Rico testifies at the Maurice 
``Pro'' Lerner trial for the murders of Rudolph Marfeo and 
Anthony Melei. Prosecutor Richard Israel conducts the direct 
examination of Rico. The following exchange takes place:

        Q: LNow, in the course of any of your conversations 
        with Mr. Kelley, did you make any promises to him 
        regarding his making statements in your presence, any 
        promises regarding the statements he might have made in 
        your presence?

        A: LI made no promises to him.

        Q: LNow, regarding any testimony which he might give, 
        did you make any promises to him regarding any 
        testimony he might give?

        A: LI made a statement to him.

                                *  *  *

        Q: LYou made certain statements to him?

        A: LYes, I did.

        Q: LRegarding what?

        A: LI told him than any cooperation that he gave to the 
        United States Government will be brought to the 
        attention of the proper authorities.

        Q: LNow, did you make any statements to him regarding 
        testimony that he might give in Rhode Island?

        A: LNo, I did not.

                                *  *  *

        Q: LDid you make any promise or any statements to him 
        as to what might happen if he were to make statements 
        to authorities from Rhode Island?

                                *  *  *

        A: I made no such statements.

    Rico also testifies that he told Kelley that the U.S. 
Government, meaning the U.S. Marshals Service, would give him 
personal security, but Rico did not describe to Kelley the kind 
of personal security and protection that Kelley might expect to 
receive.\301\

    Rico is then cross-examined by Ronald J. Chisholm, attorney 
for defendant Lerner. During the examination, Rico states that 
neither he nor anyone in his presence told Kelley that he would 
be provided with a new identity. Rico also testifies that he 
did not tell Kelley that he would be relocated to another part 
of the world. When asked what members of the U.S. Government 
were going to provide Kelley with personal security, Rico 
responds that the U.S. Marshals Service agreed to provide such 
security. Yet, Rico tells the Court that he spoke with 
``Theodore F. Harrington'' of the Department of Justice--not a 
representative of the U.S. Marshals Service--about Kelley's 
security. Rico also states that he promised Kelley that he 
would bring any cooperation Kelley gave to the attention of the 
proper authorities. The proper authorities Rico was referring 
to were Walter Barnes, of the Strike Force in New England and 
Garret Byrne, Suffolk County District Attorney.\302\

    3-16-70: Vincent ``Jimmy'' Flemmi's trial for assault with 
intent to murder James Abbout begins. Joseph Balliro represents 
Flemmi.\303\

    3-19-70: Vincent ``Jimmy'' Flemmi leaves the courthouse, 
where he is on trial for the James Abbout case, and becomes a 
fugitive.\304\

    3-20-70: Despite his absence, the jury returns a guilty 
verdict against Vincent ``Jimmy'' Flemmi for assault with 
intent to murder James Abbout. Flemmi is apprehended and 
arrested on October 28, 1970. (See 10-28-70 entry).\305\

    3-27-70: Maurice ``Pro'' Lerner is convicted of murdering 
Rudolph Marfeo and Anthony Melei and conspiracy to murder. John 
``Red'' Kelley, an FBI cooperating witness handled by Special 
Agent Paul Rico, provides crucial testimony against Lerner. The 
jury also returns verdicts convicting Robert Fairbrothers, John 
Rossi, Rudolph Sciarra, and Raymond Patriarca only of 
conspiring to murder Marfeo and Melei. These defendants are 
later sentenced to ten years in prison. As for the indictments 
charging these defendants with the murders of Marfeo and Melei, 
the jury is unable to reach a verdict.\306\

    3-30-70: The Boston SAC sends an airtel to Director Hoover 
recommending incentive awards for Special Agents Paul Rico and 
Robert Sheehan ``for their outstanding accomplishments in the 
development of and handling of John J. [``Red''] Kelley.'' 
Kelley was ``the star witness'' in the prosecution of Raymond 
Patriarca, Rudolph Sciarra, Maurice ``Pro'' Lerner, Robert 
Fairbrothers, and John Rossi. Kelley will also be a witness in 
several other Federal cases. According to the airtel, ``The 
handling of Kelley posed numerous problems on a day-to-day 
basis as he has always been a professional thief and `standup 
guy' and the idea of being a witness against many of his 
associates was repulsive to Kelley but all this was overcome by 
the patience, diligence and intellectual approach of SAs Rico 
and Sheehan. Both Rico and Sheehan were in close contact with 
the Attorney General's Office in Providence concerning the 
testimony of Kelley, the preparation of the case and both 
appeared as witnesses in corroboration on the part of Kelley's 
testimony.'' \307\

    3-31-70: In an FBI memorandum to Mr. DeLoach, J.H. Gale 
writes, ``With the murder conspiracy conviction of New England 
Mafia boss Raymond Patriarca and four other racket figures in 
Rhode Island on 3/27/70, it is believed appropriate to bring to 
your attention the truly remarkable record established by SA 
[Paul] Rico in organized crime investigations during recent 
years. The achievements in question primarily involve SA Rico's 
development of high-level organized crime informants and 
witnesses, a field in which he is most adept. SA Rico's 
development of Boston mobster Joseph Barboza, a vicious killer 
and organized crime leader in his own right, set off a chain of 
events which have seen the surfacing of a number of additional 
racket figures in New England as cooperative witnesses during 
the past few years. Making use of compromising information he 
had received from other top echelon informants he had 
previously turned, Rico brought Barboza to the point where he 
testified against Patriarca and two of his La Cosa Nostra (LCN) 
subordinates in a[] . . . [g]ambling case resulting in [the] 
conviction of all three in Boston Federal Court on 3/8/68. . . 
. SA Rico also induced Barboza to testify as the state's key 
witness in Massachusetts in the gang slaying of hoodlum Edward 
Deegan. In this case, Rico was additionally instrumental in 
developing a second witness, attorney John Fitzgerald, 
resulting in the 7/31/68 murder convictions of LCN members 
Henry Tameleo, Ronald Cassesso and Peter Lamone [sic], who were 
sentenced to death; one additional death sentence for another 
hoodlum, and life sentences for two others also convicted in 
this case. Following the above major achievements, Rico was 
instrumental in the development and handling of notorious 
Boston hoodlum John [``Red''] Kelley as an informant and 
witness. Kelley was the state's principal witness in the 
recently concluded trial of Patriarca and four others in Rhode 
Island for the murder of Rudolph Marfeo. Patriarca and four 
others were convicted of murder conspiracy while Maurice 
``Pro'' Lerner, the gunman, was convicted of first-degree 
murder. This is considered an achievement of major dimension 
causing telling disruption at organized crime's top-level in 
New England. At the Director's approval, this has been called 
to the Attorney General's attention by memorandum of 3/31/70. . 
. . Further, SA Rico's development of Boston gang leader 
redacted section as an informant resulted in the obtaining of a 
wealth of information regarding high-level organized crime 
activities in New England including a number of murders. 
redacted section. SA Rico's overall performance has also 
contributed materially to the development redacted section and 
were induced to cooperate following Kelley's defection.'' The 
memorandum states that La Cosa Nostra plotted to kill Rico and 
Kelley in August 1969 ``for the disruption Rico had caused in 
La Cosa Nostra circles through his development of informants 
and witnesses.'' Appropriate precautionary measures were taken 
to prevent harm to Rico. The memorandum recommends the 
following: ``In recognition of SA Rico's superior performance 
which has resulted in the murder convictions of Patriarca and 
four of his racket associates, it is recommended that SA Rico 
be granted an incentive award in an amount to be decided by the 
Administrative Division. SA Rico's efforts have virtually 
decimated the Mafia's top-level structure in New England and 
his proven ability to develop organized crime informants and 
witnesses would be of significant value to the Bureau in an 
area such as Miami, which is his first office of preference.'' 
\308\

    Special Agent Paul Rico's performance rating report for the 
period of April 1, 1969, to March 31, 1970, states the 
following: ``During the rating period, SA Rico has been 
assigned exclusively to the development of criminal informants 
and investigations of LCN [La Cosa Nostra] members and their 
associates. He is considered outstanding in this category and 
is responsible for the development of several PCs and 
informants who have been converted into Government witnesses, 
the most outstanding one of whom is John J. [``Red''] Kelley, 
notorious armored car robber in this country. Through his 
resourcefulness, ingenuity, and aggressiveness, he developed 
Kelley which at this time, has resulted in the conviction of 
Raymond L.S. Patriarca, LCN boss, New England area, and other 
members of the LCN and their close associates. . . . Also 
indicted through the efforts of SA Rico have been Gennaro 
[Jerry] Angiulo, acting boss, LCN, Boston, and other prominent 
hoodlums in this area. His knowledge of duties and the know-how 
of application both in investigative matters and development of 
informants is outstanding. . . . During the rating period, SA 
Rico has handled redacted top echelon criminal informants all 
of whom are considered to be outstanding, and also redacted 
PCs. He is considered outstanding in this regard.'' \309\

    4-1-70: Director Hoover sends a congratulatory letter to 
Special Agent Paul Rico: ``It is with considerable pleasure 
that I commend you and advise that I have approved an incentive 
award of $300.00 for you in recognition of the excellence of 
your services in developing and handling sources of information 
of great importance to the Bureau in the criminal field. A 
check representing this award will be sent to you at a later 
date. It is obvious that you have not only fulfilled your 
duties with a high degree of professional skill but have 
approached your assignments with a dedication that truly serves 
as an inspiration to your associates. I want you to know how 
much I appreciate your valuable contributions to our work which 
have enabled us to fulfill our vitally important obligations.'' 
\310\

    5-4-70: The Boston Globe reports that Boston police 
detective William W. Stuart said last week that he believed 
Henry Tameleo, Louis Greco and Peter Limone were innocent of 
the Edward ``Teddy'' Deegan murder. (Boston Globe, May 4, 
1970).\311\

    6-24-70: A memorandum from Director Hoover to SAC redacted 
attaches a letter dated June 17, 1970, from John E. Fitzgerald, 
Jr. In the letter, Fitzgerald wrote, ``In all my dealings with 
[Paul Rico] I have never found him making unethical promises or 
deals or undertaking committments [sic] which he could not 
fulfill. . . . In closing, although I lost a leg in the so 
called `war against organized crime,' if I had to do it over 
again I would follow the same road, and my motivations would 
largely be the result of the integrity, professionalism, and 
the high traditions of your organization as exemplified in my 
eyes by Paul Rico.'' \312\

    July 1970: Joseph Barboza is told by Dennis Condon that his 
life was in danger on this date (July 1970) while he is in 
California. Based on information furnished to Condon from 
confidential sources of the FBI, Condon concluded that 
Barboza's life was in ``serious jeopardy.'' Condon further 
testifies ``that in January of 1970 we received information 
that two individuals were coming to the San Francisco area to 
either kill or do bodily harm to an individual in this area. We 
did not know at that particular time the identify of the 
intended victim but as a precautionary measure, I did advise 
Mr. Baron about those people coming to the area.'' \313\

    7-5-70: Joseph Barboza kills Clay Wilson.\314\

    7-11-70: While at a friend's (Larry Hughes) house back 
East, Joseph Barboza talks with attorney F. Lee Bailey. Barboza 
testifies at the Clay Wilson murder trial that a retainer was 
paid to Bailey by Frank Davis ``on behalf of Raymond 
Patriarca.'' When Barboza and Bailey are alone, Bailey hands 
Barboza an envelope containing $800 and says, ``Somebody left 
it in my office. I don't know who left it for you.'' Barboza 
and Bailey discuss his ``Mafia testimony'' and that Bailey 
would arrange to see him. Barboza gives Bailey his address and 
telephone number in Santa Rosa, California.

    7-17-70: Joseph Barboza is arrested in New Bedford, 
Massachusetts, on narcotics and firearms charges. Once informed 
of his arrest, the Massachusetts Parole Board revokes his 
parole. Barboza is held on $100,000 bail and taken to the 
Bristol House of Correction after pleading innocent in New 
Bedford Municipal Court. He had been free for 16 months. 
(Informer Baron Arrested, Parole Revoked, Boston Globe, July 
18, 1970; Baron Seized, Held on Arms, Pot Charges, Boston 
Globe, July 17, 1970 ). [While in prison, Barboza apparently 
tells William Geraway about the Clay Wilson murder. Later, 
Geraway is able to recount to police that Barboza said he 
killed Dee Mancini's husband, and that there were two female 
witnesses (one to the killing and one to the burial). See 10-5-
70 entry.] \316\

    7-20-70: According to the Boston Globe, ``Firearms and 
narcotics charges against underworld informer Joseph (Barboza) 
Baron, 37, were dropped yesterday by Dist. Atty. Edmund Dinis 
in a surprise move.'' Before charges were dropped, Dinis said 
federal officials telephoned him and said they were concerned 
with Barboza's welfare and that Barboza has been ``most 
cooperative with them and given them vital testimony.'' The 
article continues, ``When Baron was arrested he told officials 
he came to New Bedford on orders from Federal officials `to 
help restore law and order in the West End,' where there had 
been over a week of racial turmoil.'' An FBI spokesman 
responded, ``Baron is not at the present time, nor has he been 
since March of 1969, under the control of the US government. 
Nor is he used as an emissary.'' The charges against Barboza 
are supposedly dropped because Barboza had no legal 
representation at the arraignment, making it unconstitutional. 
Barboza is taken to the Bristol County House of Correction on a 
parole violation detainer because Barboza violated a provision 
of his parole prohibiting him from ever returning to 
Massachusetts. (Charges Against Baron Dropped, Boston Globe, 
July 21, 1970; see also Charges Against Baron are Dropped, 
Boston Globe, July 20, 1970).\317\

    7-21-70: Joseph Barboza is housed in Massachusetts' Walpole 
State Prison for violating parole. (Prison Officials Fear for 
Baron's Safety, Boston Globe, July 21, 1970).\318\

    From July 21, 1970, until September 25, 1970, Joseph 
Barboza shares the same Walpole cell blocks as William Geraway. 
Informers Hit Joe Baron With Charge of Murder, Boston Globe, 
Oct. 15, 1970.\319\

    7-22-70: Director Hoover writes a memorandum to the 
Attorney General that describes how Joseph Barboza was a 
significant government witness and yet was arrested on July 17, 
1970, in New Bedford, Massachusetts. The memorandum further 
states, `On July 20, 1970, the charges against Barboza were 
nolle-prossed by the District Attorney's Office in that 
Barboza's rights had been violated as he was not represented by 
counsel. Barboza was released; however, the parole board 
revoked his parole and returned him to the Massachusetts 
Correctional Institution, Walpole, Massachusetts, where he is 
supposed to stay until October 5, 1970.'' This memorandum is 
copied to the Deputy Attorney General and the Assistant 
Attorney General of the Criminal Division.\320\

    7-29-70: Jerome Sullivan, a reporter for the Boston Globe 
writes, ``Joseph (Barboza) Baron . . . is recanting his 
testimony which put four men in Death Row at Walpole, two 
others in prison for life, and stuck Cosa Nostra chief Raymond 
L.S. Patriarca in a Federal prison for five years. First 
indication of Baron's turn-around came this morning when 
Attorney Joseph J. Balliro filed a motion for a new trial in 
Suffolk Superior Court for Henry Tameleo[.] Balliro, in filing 
his motion, also presented an affidavit signed by Joseph 
(Barboza) Baron, stating that Baron wants to recant his 
testimony against Tameleo and three others convicted in the 
same murder case, and now wants to tell the truth.'' Joseph 
Barboza's July 28, 1970, affidavit states in pertinent part, 
``That I wish to recant certain portions of my testimony during 
the course of the [Edward ``Teddy'' Deegan] trial insofar as my 
testimony concerned the involvement of Henry Tameleo, Peter J. 
Limone, Joseph L. Salvati and Lewis Grieco [sic] in the killing 
of Teddy Deegan.'' [It is interesting to note that Barboza does 
not suggest recanting his testimony regarding Ronald Cassesso 
and Roy French who were, in fact, participants.] (Jerome 
Sullivan, Baron Admits Perjury in Deegan Murder Trial, Boston 
Globe, July 29, 1970; see 10-16-78 entry).\321\

    7-30-70: According to the Boston Globe, Raymond Patriarca 
attorney Charles Curran ``filed an affidavit by [Joseph 
Barboza] Baron, which asserted that Baron was ready to present 
testimony `which will exonerate' Patriarca, [Henry] Tameleo and 
Ronald Cassesso in the death of William Marfeo.'' (Baron Wants 
to Change Story, Boston Globe, July 30, 1970).\322\

    According to the Boston Globe, Peter Limone files a motion 
for a new trial. Accompanying the motion is ``an affidavit 
signed by police detective William W. Stuart of Mattapan, 
stating that he (Stuart) has information that Limone and three 
co-defendants are innocent of the Deegan killing.'' Henry 
Tameleo filed a similar motion yesterday on the basis that 
Joseph Barboza wants to recant his testimony. (Limone Files 
Appeal of Deegan Slay Conviction, Boston Globe, July 30, 1970). 
[Note: Louis Greco and Ronald Cassesso later file similar 
motions. See Appeal for 4th in Slaying, Boston Globe, Aug. 18, 
1970.]

    8-3-70: The Boston SAC notifies Director Hoover by airtel 
that the Deputy Chief of the Strike Force Edward Harrington met 
with Suffolk County District Attorney Garrett Byrne and 
Assistant District Attorney Jack Zalkind. At this meeting, 
Byrne said the affidavit signed by Barboza and filed with the 
motion for a new trial was not sufficient to warrant a hearing 
as it simply contains a general statement. District Attorney 
Byrne is going to confer with the judge in the Edward ``Teddy'' 
Deegan murder trial, Judge Felix Forte, and request that the 
motion is denied on this basis. The District Attorney also 
plans to confer with John Fitzgerald who testified in the 
Deegan case. [Note: Assistant District Attorney Zalkind meets 
with John Fitzgerald on August 7, 1970. See 8-7-70 entry.] The 
airtel also states, ``Boston informant reports that Baron had 
been seeking $250,000 from the defense on the promise of 
helping them out.'' Attorney Fitzgerald advised that Barboza 
wanted him to contact Joseph Balliro to obtain money from him 
for changing Barboza's testimony. During the last week, 
Attorney F. Lee Bailey called Barboza's wife and told her not 
to pick up a Western Union money order that had been forwarded 
to her because other funds would be sent to her.\323\

    8-7-70: In New York City, Attorney John Fitzgerald, 
Assistant District Attorney Jack Zalkind, and Detective William 
Powers of the Suffolk County District Attorney's Office meet to 
discuss a 1969 meeting in Massachusetts between Fitzgerald, 
Joseph Barboza, and James Southwood, which Channel 5 in Boston 
filmed for the purpose of a television special. According to 
the transcript of the New York City meeting, Barboza claimed to 
Fitzgerald that he had 50 pages of material that if he left 
out, would overturn three cases without Barboza being charged 
with perjury. Barboza also allegedly told Special Agent Paul 
Rico that a guy named Jimmy was missing and buried at the Cape. 
Fitzgerald says Barboza was trying to leave the impression that 
he killed someone. Fitzgerald relates a discussion he had with 
Barboza where Barboza felt he could return to the streets of 
Boston by contacting Joseph Balliro. Barboza said, ``I got 
enough that will convince any Court that I was lying, so we 
will change the testimony and we will pick up a bundle of dough 
and everything will be straighten [sic][.]'' Southwood 
allegedly told Edward Harrington that Barboza was willing to 
say Louis Greco was innocent, which upset Barboza. Barboza said 
his testimony was that Ronald Cassesso and he went to Peter 
Limone, and that Romeo Martin never had any dealings with 
Limone. Later, Barboza supposedly told Harrington that he never 
said any of the men were innocent, according to Special Agent 
Dennis Condon.\324\

    8-20-70: The Boston Globe reports, ``Superior Court Judge 
Joseph Ford signed an application in Suffolk Superior Court 
yesterday authorizing the issuance of a warrant charging 
underworld informer Joseph (Barboza) Baron with violation of 
his probation. The Probation Department of Suffolk is seeking 
to have the probation revoked and have Baron serve a four to 
five year suspended sentence he received on various charges in 
1967.'' (Baron Faces Parole Charge, Boston Globe, Aug. 21, 
1970; see also Edward Counihan, Court Asked to Release Baron 
from Walpole, Boston Globe, Aug. 11, 1970).\325\

    8-25-70: According to the Boston Globe, Attorney F. Lee 
Bailey filed a petition for a hearing on behalf of Joseph 
Barboza. The petition requested that Barboza be allowed to take 
a lie detector test to prove that his testimony in the Edward 
``Teddy'' Deegan murder trial was false. Assistant District 
Attorney Jack Zalkind tells the court that his office is 
against the use of a lie detector test because it is 
inadmissible in court. (Hearing on Baron Test Continued, Boston 
Globe, Aug. 25, 1970).\326\

    A memorandum from Boston redacted to Director redacted 
designated ``urgent'' states, ``Pursuant to a telephonic 
request of Donald Barboza, brother of Joseph Baron, Donald 
Barboza was interviewed late P.M. yesterday and early A.M. 
today. Donald said Baron requested him to contact SA Dennis M. 
Condon and to relate the following to him: He, Baron, is 
scheduled to be transported from MCI, Walpole, Mass., Four 
A.M., August Twentyseventh next, in connection with hearing in 
Superior Court, Boston, that date. Baron wanted SA Condon, 
Walter Barnes, Chief of Strike Force, Boston, and John 
Partington, Deputy USM, Providence, R.I., who was in charge of 
Baron's detail, to meet and talk to him at Five A.M., August 
Twentyseventh next so that F. Lee Bailey would not be aware of 
this contact. Donald Barboza said Baron made statement that 
there would be no polygraph and that he, Baron, was just trying 
to move these people for some money; that his arrest in New 
Bedford, Mass., `screwed up' this move; that attorney Joe 
Balliro `screwed him up' by going into court with the 
affidavits. Baron told his brother to relay the fact that his 
wife has his papers re[garding the] Deegan murder trial and on 
which numerous handwritten notations of Assistant Suffolk 
County District Attorney Zalkind appear, who prosecuted this 
case. Baron also told his brother that F. Lee Bailey assured 
him that the probation violator warrant recently served on him 
would not become effective until the end of his present 
sentence on October Fifth next; that since he will actually be 
released from the parole violation on September Twenty-third, 
next, because of having given blood, the latter warrant will 
not affect his continued incarceration. Barboza told his 
brother that Bailey also assured him that the District Attorney 
in Bristol County could not do anything with the drug and gun 
charges for which he was arrested in July last. Boston Office 
will advise Barnes of Barboza's desire to see him and UACB, SA 
Condon will not see Barboza.'' \327\

    8-27-70: F. Lee Bailey writes a memorandum to Joseph 
Balliro relaying the following information: ``This is a status 
report of the present situation with respect to [Joseph 
Barboza] Baron and his proposed recantation of testimony given 
before the Superior Court in Commonwealth v. French. Although I 
have necessarily excluded a few matters as confidential between 
Mr. Baron and myself, he has authorized me to inform you as to 
the matters described below. As you recall, when I met with 
Baron at his request in New Bedford, he stated that he had felt 
for some time that he should make a direct effort to right the 
injustice which his testimony had caused. He indicated that he 
had been assured all along that (especially in the murder 
cases) a conviction was unlikely, and after the conviction 
occurred he was told to expect that due to trial errors the 
Supreme Court would reverse the cases, and of course there 
would never be a re-trial; therefore, no permanent harm would 
be done to anyone whereas the government would have 
accomplished its primary objection: much publicity about 
prosecuting organized crime. After he learned that the Supreme 
Court affirmed the convictions and discussed this fact with 
many friends, he became persuaded that these men might be 
executed for something they hadn't done and therefore took 
steps on his own to make his feelings known to the victims of 
his testimony. His arrest in New Bedford following my agreement 
to represent him was of course an unanticipated and unfortunate 
intervening factor, and has prevented me from going over 
exhaustively with Baron all of the events that led up to his 
trial testimony and caused it to seem credible. Nonetheless, 
after many hours of conversation with him at Walpole I am 
convinced that I have most of the details of what actually took 
place. It appears that the reports you have described given to 
three different police officers in three different departments 
by persons other than Baron correctly describe the [Edward 
``Teddy''] Deegan killing and the attempt on the life of 
[Anthony] Stathopoulos. It appears that Mr. [Roy] French did in 
fact shoot Deegan, that Mr. [Ronald] Cassesso was present with 
Baron in the car and conspired to kill Stathopoulos but was not 
involved in the Deegan killing, and that [Joseph] Salvati and 
Louis Greco were not present at all. Further, [Henry] Tamelio 
[sic] and [Peter] Lemone [sic] had nothing to do with arranging 
Deegan's murder nor had they any reason to believe that it was 
going to occur. The person sitting in the rear of the 
automobile which the Chelsea Police Captain saw was in fact 
bald and was Vincent Flemmi. Romeo Martin in fact shot Deegan 
but the role ascribed to Greco as the third assailant of Deegan 
in fact involved another man whose last name begins with ``C'' 
as you had earlier suggested to me. All of this information 
will be verified by polygraph test within the next few days, 
but I believe that an additional affidavit from Baron naming 
the actual participants together with a statement by Cassesso, 
who has never testified, would be helpful in corroboration. I 
have had no response to my letter to the Attorney General 
asking for help in writing [sic] the injustice that Baron has 
caused. . . . If the law enforcement authorities are interested 
in correcting the wrongful convictions which were obtained in 
the Superior Court, they have the power to do so and they 
certainly by this time have every reason to believe that a 
terrible mistake has been made. I will do everything I can 
consistent with Baron's legal rights to aid in attaining this 
result. I am very hopeful that before much more time goes by 
someone in authority will recognize the serious 
responsibilities to be faced and confer with me about some 
reasonable and practical means of setting these clients free. 
Until that time there is not very much that I can do directly 
except to try to prevent Baron's continued incarceration. I 
must be frank in saying that because of his past experience he 
has some feeling that he can trade his own freedom (as he did 
before) for the conviction (even if wrongful) of people whom 
the law is out to get.'' \328\

    Santa Rosa's Press Democrat reports that Raymond 
``Patriarca was granted parole by the Rhode Island Parole Board 
after serving five years of a 10-year sentence.'' (Ex-Crime 
Boss Patriarca Paroled in Rhode Island, Press Democrat (Santa 
Rosa, CA), Aug. 27, 1970; see also Patriarca v. State, No. 74-
44-M.P. (Dec. 9, 1974)).\329\

    8-28-70: In a memorandum to James Featherstone, Deputy 
Chief Counsel of the Department of Justice's Organized Crime 
and Racketeering Section, Edward F. Harrington and Walter T. 
Barnes, attorneys with the Organized Crime Section, describe 
their interview with Joseph Barboza conducted that day. In the 
interview, Barboza explains he was offering to recant to obtain 
money from ``the underworld.'' He indicates that he would leave 
the area once he got the money. Barboza states that F. Lee 
Bailey ``made him sign the affidavit.'' According to the 
memorandum, Barboza claims that his Deegan testimony was 
truthful. He says he will not take the lie detector test 
scheduled for August 31, 1970. (See 10-31-78 entry which 
explains that this memo was provided to a court during one of 
Louis Greco's appeals).\330\

    Walter Barnes and Edward Harrington interview Joseph 
Barboza at Walpole State Prison, according to an ``urgent'' 
teletype from Boston redacted to Director redacted. Barboza 
says his performance in court on August 27, 1970, at the last 
habeas corpus proceeding was just an act. He is really still on 
the side of government; he just wants the organization to think 
that he was with them. Barboza says that he was only indicating 
that he would recant because the organization is paying him 
money. The teletype informs that Barboza is extremely disturbed 
about his probation revocation warrant and wants District 
Attorney Garrett Byrne to lift this warrant. Barboza would like 
his wife relocated, and he would like to return to Fort Knox, 
Kentucky. He reiterates that his testimony in the Edward 
``Teddy'' Deegan trial was truthful and a lie detector would 
prove this. He advises that Frank Davis of Rhode Island, a 
close associate of Raymond Patriarca, operates the Hi-Lo 
Construction Company. Davis paid Barboza in connection with 
this recent move on two occasions. The Strike Force is 
considering bringing the Davis matter before a federal grand 
jury in Rhode Island.\331\

    Robert Walsh writes a Boston Globe article on Joseph 
Barboza's appearance in court the day before in a habeas corpus 
hearing: ``Under direct questioning by F. Lee Bailey, Baron's 
lawyer, Baron admitted visiting Massachusetts, despite terms of 
his parole, on five occasions. But he claimed he did so under 
FBI auspices on four of those five occasions. . . . He said 
that, on one occasion, he was asked by Federal agents to `work' 
on a case involving the theft of a $500,000 painting.'' (Robert 
E. Walsh, Baron Returning to Walpole for Week on Parole 
Violation, Boston Globe, Aug. 28, 1970).\332\

    8-31-70: In a letter to Department of Justice attorney 
Walter Barnes, Joseph Barboza states: ``[F. Lee] Bailey said he 
is not bound by the secrecy of Atty. and client relationship. . 
. . Bailey wants me to take a lie detector test Monday, [and] I 
said no because of the fact the guys on death row were taking 
it, which is today, and that I am to[o] upset to take one right 
now, [and] if I did later it would prove affirmative that I was 
telling the truth. . . . I am going to wait till the twelved 
[sic] before I take a lie detector test or the eleventh if I 
take a test! But if Rico was here he'd help me.'' \333\

    September 1970: Lawrence Patrick Hughes' testimony at the 
Clay Wilson murder trial indicates that from September 1970 to 
March 1971, Hughes has about a dozen contacts with John Doyle 
of the Suffolk County District Attorney's Office regarding 
stolen bonds in Joseph Barboza's possession. During one of 
their conversations, Doyle asks Hughes to photocopy the stolen 
bonds.\334\

    9-1-70: According to William Geraway, Joseph Barboza 
receives a letter from attorney F. Lee Bailey summarizing their 
conversations and purportedly describing details of Barboza's 
murders and false testimony. Geraway states in an affidavit 
that Barboza showed the letter to Geraway in prison. Further, 
Geraway claims that Barboza was aware that he was waiving the 
attorney-client privilege by permitting Geraway to read the 
letter.\335\

    Joseph Barboza writes a letter to Walter Barnes and Edward 
Harrington, stating that he received a letter from F. Lee 
Bailey informing Barboza that he will no longer receive legal 
services from Bailey or his associate, Gerald Alch. Barboza 
comments that he is ``not at liberty'' to reveal why Bailey 
made this decision. Barboza also writes that he would like to 
discuss a criminal matter regarding inter-state conspiracy. 
Barboza continues, ``I suggest that I be brought to the Federal 
Bldg. on a writ-of-habeas-copus [sic] [and] have present FBI 
Agent Paul Ricco [sic], FBI Agent Dennis Condon, Special Atty. 
Walter Barns [sic], [and] Asst. U.S. Atty. Ted Harrington 
because I have also other information that concerns them to the 
utmost.'' \336\

    9-2-70: The Boston Globe quotes portions of F. Lee Bailey's 
August 27, 1970, letter to Joseph Balliro. The article states 
that ``the real truth, as Baron's counsel, Bailey, relates it 
in a letter to attorney Balliro, is that the four sentenced to 
death for the Deegan slaying had nothing to do with it.'' 
(Jerome Sullivan, Bailey Says Baron Clears Death Row Four, 
Boston Globe, Sept. 2, 1970).\337\

    F. Lee Bailey files a motion for leave to withdraw as 
Joseph Barboza's counsel in Suffolk Superior Court. Bailey's 
motion states that Barboza ``held a secret meeting with 
attorneys for the United States Department of Justice without 
the knowledge or consent of [Bailey.]'' After this meeting, 
``Barboza refused to take a lie detector test on the Deegan 
killing, as he had promised Bailey he would. He also claimed he 
had not understood his [July 28, 1971] affidavit offering to 
recant parts of his Deegan trial testimony when he signed it.'' 
Bailey claims that both Barboza's refusal to take the lie 
detector test and his secret meeting with federal authorities 
violated their agreement. (Motion for Leave to Withdraw as 
Counsel, Baron v. Moore (Sept. 2, 1970); Alan Jehlen, Baron 
Reportedly Fluctuates on Whether Grieco [sic] was Involved in 
Murder, Peabody Times, Apr. 14, 1971; see also Robert E. Walsh, 
Baron Letters May Be Key to Death Row, Boston Globe, Sept. 3, 
1970).\338\

    9-3-70: The Boston Globe writes, ``Some `interesting 
material' is contained in three letters which Joseph Barboza 
wrote to Suffolk County Dist. Atty. Garrett [sic] H. Byrne[.] 
Byrne, questioned about the letters this morning, said he could 
not reveal their contents but acknowledged their receipt and 
said the letters along with a report from Federal officials who 
talked to Baron, contained `some interesting material.' '' 
(Robert E. Walsh, Baron Letters May be Key to Death Row, Boston 
Globe, Sept. 3, 1970).\339\

    9-14-70: Maurice ``Pro'' Lerner is sentenced to consecutive 
life sentences for the murders of Rudolph Marfeo and Anthony 
Melei, in addition to a ten-year sentence for conspiracy to 
murder.\340\

    9-21-70: The Boston SAC advises Director Hoover by airtel: 
``[Joseph Barboza] Baron's parole violation time expires on 9/
23/70. Baron [is] being brought into Suffolk Superior Court on 
that date to be arraigned on Probation Violation charges. 
Suffolk County District Attorney plans to have the Probation 
Violation proceedings continued pending the outcome of motions 
filed for new trial in the [Edward ``Teddy''] Deegan murder 
case, so as to insure Baron's presence in this area. District 
Attorney contemplates confining Baron in a local county house 
of correction. Indications are that Baron will be indicted on 
[a] gun charge in Bristol County stemming from his arrest on 
gun charges in New Bedford, Mass. on 7/17/70.'' \341\

    9-28-70: In a letter to Edward Harrington, Joseph Barboza 
pleads, ``Ted, when you [and] Walter came down to see me, you 
[and] Walter asked me not to do something [and] I didn't. How 
long can the little money I bled out of those creeps last, 
what'll happen to my wife [and] babies then? Bailey, said I'll 
come running to him in the end, I never will!! . . . That's all 
I want is that job, to be moved to a new location [and] new 
I.D. [and] I'll be out of your hair [and] Walters completely! 
I'll never complain again.'' \342\

    10-1-70: Santa Rosa police receive two letters from two 
Massachusetts state prisoners, William Geraway and Lawrence 
Wood, about the Clay Wilson murder.\343\

    10-5-70: The Boston SAC informs Director Hoover by airtel, 
``Enclosed is a copy of [a] memo [by] SA Dennis M. Condon 
containing a letter received from Geraway. . . . San Francisco 
[FBI Office] subsequently advised that the Chief of Police from 
Santa Rosa and the Assistant District Attorney will be in 
Boston on 10/6/70, to interview [William] Geraway and 
[Lawrence] Wood.'' \344\

    In a memorandum from Special Agent Dennis Condon to the 
Boston SAC, Condon writes, ``On 10/5/70, the San Francisco 
Office advised telephonically of the following letter received 
by Chief of Police, Santa Rosa, in Santa Rosa, California, on 
10/1/70 and was mailed from South Walpole, Massachusetts on 9/
29/70.'' Relevant portions of William Geraway's letter follow: 
``A former Boston loanshark and `hit' man from the Mafia was 
living in your city recently. He is now in custody here but 
will return to your city upon release from here. While in Santa 
Rosa, he murdered a man and buried the body with the help of a 
female. Two witnesses were within 50 feet when the man, Joseph 
Barboza Baron, killed the victim. I know from Baron what the 
victim was wearing, how many times he was shot and why, and who 
the witnesses were. I know this because he wanted me to move 
the body if my appeal should come through soon since he is 
afraid the female will eventually divulge the whereabouts of 
the body. Please send a detective or Attorney General's 
representative to this prison immediately along with a 
polygraph expert. Another man of this unit, Lawrence Wood, has 
knowledge and is willing to appear before a Grand Jury there 
after we convince you of the facts in an institutional 
interview--in keeping with their attitude of secrecy and 
cooperation, the Department of Corrections will make us 
available as witnesses there. We will give you two eyewitnesses 
in the location of the body. . . . Interview Lawrence Wood and 
myself, me first[.]'' Condon also notes that Chuck Hiner, 
Supervisor of the FBI, San Francisco Office, advised that the 
Chief in Santa Rosa called William Debham of the Massachusetts 
State Police, who said that he would give Geraway and Wood a 
polygraph test. Hiner said that the Chief in Santa Rosa was 
concerned since one of Barboza's friends has been missing for a 
couple of months.\345\

    Lieutenant William Bergin of the Massachusetts State Police 
obtains affidavits from William Geraway and Lawrence Wood 
averring that Joseph Barboza killed an unidentified individual 
in Santa Rosa, California in early July 1970. The affidavits 
state that a woman named Paulette, who lives with Dee (believed 
to be Dee Mancini), knows the location of the body and 
supposedly helped bury it. California officials feel that if 
Geraway and Wood's information is accurate, the deceased could 
be either Raymond Pinole or Clay Wilson, Santa Rosa associates 
of Barboza. Director Hoover is informed of these affidavits in 
an airtel from the Boston SAC October 6, 1970.\346\

    10-6-70: Two Santa Rosa investigators interview William 
Geraway and Lawrence Wood at the Massachusetts State Prison 
about their letters discussing the Clay Wilson murder.\347\

    The Boston SAC notifies Director Hoover by airtel that the 
Chief of the Santa Rosa Police Department, D. Flohr, and 
Assistant District Attorney of Sonoma County, Edward Cameron, 
will interview William Geraway and Lawrence Wood at Walpole 
State Prison on this date.\348\

    10-8-70: According to a teletype from the Boston FBI Office 
to Director Hoover, the Chief of the Santa Rosa Police 
Department, Melvin Flohr, and Edwin Cameron of the Sonoma 
County District Attorney's Office left Boston this morning to 
return to Santa Rosa, California. William Geraway and Lawrence 
Wood furnished affidavits implicating Joseph Barboza of a 
murder in Santa Rosa in early July 1970. The victim is believed 
to be Dee Mancini, Clay Wilson or Raymond Pinole. An eighteen-
year-old female named Paulette, who lived with Dee Mancini, 
allegedly helped bury the body. The teletype also warns that 
Geraway has a reputation for furnishing false information.\349\

    10-12-70: Santa Rosa police find the buried body of Clay 
Wilson.\350\

    Special Agent Ahlstrom and Lieutenant Brown of the Sonoma 
County Sheriff's Office contact Dee Wilson who denies any 
knowledge of her husband Clay's murder.\351\

    10-13-70: In a teletype, the San Francisco FBI Office 
notifies Director Hoover of the following: ``Chief of Police 
Melvin Flohr, Santa Rosa, Calif., just advised that Paulette 
Ramos, Santa Rosa, under questioning by local authorities, 
disclosed that Joseph Baron shot and killed Clay Wilson, local 
Santa Rosa hoodlum, several months ago. Ramos admitted 
assisting Baron with disposal of [the] body by burying in 
wooded area several miles outside Santa Rosa. Ramos led local 
authorities to said area and a body has been recovered. Chief 
Flohr states body being examined today; however, due to badly 
decomposed condition, positive identification has not been 
made.'' \352\

    In a memorandum from Gerald E. McDowell to File, McDowell 
states that Joseph Barboza made a collect call to Walter 
Barnes, and McDowell made notes of their conversation. 
According to McDowell, Barboza states the following: ` ``The 
only lie detector test I ever agreed to take had to do with my 
gun charge.' '' Barboza also adds, ``As far as the Deegan trial 
coming up I stand on the transcript as being the gospel 
truth.'' \353\

    10-15-70: Norfolk County District Attorney George Burke 
holds a press conference where he says the Clay Wilson murder 
came to his attention about three weeks ago when he was 
contacted by two inmates in Walpole State Prison. (Bony 
Saludes, S[anta] R[osa] Murder Charge for Gangland Informer, 
Press Democrat (Santa Rosa, CA), Oct. 16, 1970; see also Bony 
Saludes, S[anta] R[osa] Murder Charge for Gangland Informer, 
Press Democrat (Santa Rosa, CA), Oct. 15, 1970. Joseph Barboza 
reportedly telephones Sonoma County District Attorney Kiernan 
Hyland from his Barnstable prison cell to discuss the Clay 
Wilson murder case. While Hyland does not disclose the content 
of the conversation, he said Barboza apparently was on a 
``fishing expedition,'' trying to learn what the authorities 
had against him.\354\

    A teletype from the Boston FBI Office to Director Hoover 
and the San Francisco Office reads, ``Joseph Baron 
telephonically contacted Boston office of FBI this A.M. He said 
he had been in telephonic contact with his wife who told him 
she had been contacted at her home by two police officers who 
informed her that the body of Clay Wilson had been recovered in 
that area, that he was a prime suspect and that his residence 
was searched. Baron alleged that he had a good relationship 
with Clay Wilson and that he was being `framed.' It is felt 
that the San Francisco Office should notify local authorities 
in Santa Rosa that Baron, through telephonic conversation with 
his wife, is now aware of the recovery of Clay Wilson's body 
and the fact that he is considered a prime suspect. Baron is 
still being held in the Barnstable County Jail, Barnstable, 
Mass., in lieu of [$100,000] bail for possession of a gun and 
has a detainer on him as a probation violator. If murder 
process obtained relative to him, it is felt that [the] Sheriff 
of the Barnstable County Jail should be promptly notified.'' 
\355\

    Joseph Barboza tells an FBI agent that he took trips back 
to Boston.\356\

    10-16-70: A teletype from the San Francisco FBI Office to 
Director Hoover and the Boston Office informs that Dee Mancini 
witnessed Joseph Barboza shoot Clay Wilson in the presence of 
Paulette Ramos.\357\

    10-22-70: Lieutenant Brown of the Sonoma County Sheriff's 
Office completes a police report on the Clay Wilson 
murder.\358\

    10-28-70: Vincent ``Jimmy'' Flemmi is arrested. He was 
convicted on December 1, 1970, in Suffolk Superior Court for 
attempted murder and subsequently sentenced to fourteen to 
eighteen years at the Walpole State Prison.\359\

    10-30-70: The Boston FBI sends Director Hoover a teletype 
advising, ``Lawrence Wood, inmate, MSP at Walpole, who, with 
inmate William Garaway [sic], provided affidavit implicating 
[Joseph Barboza] Baron in [Clay Wilson] murder, sent word to 
State Police that he wanted to be taken out of Walpole on a 
ruse and talk to SP and FBI. This was accomplished and Wood 
provided the following information: Data he provided 
re[garding] Baron's story of murder in California accurate. 
However, at request of Garaway [sic], he has provided defense 
in [the Edward ``Teddy''] Deegan murder trial, Suffolk County, 
Mass., four affidavits, not yet signed. First affidavit 
pertains to Baron's statements that he did not know what word 
recant meant. Wood said this affidavit is true; that Baron did 
[not] know what word meant. Second affidavit concerns Baron 
allegedly telling him that he testified falsely re[garding] 
Deegan murder trial, as well as other miscellaneous data 
concerning Baron's custodial detention by U.S. Government. Wood 
said facts provided by Baron re[garding] his handling by 
Government accurate but that facts re[garding] Baron allegedly 
admitting he testified falsely re[garding] Deegan murder trial 
not true; that Baron never told him this story but facts 
dictated to him by Garaway [sic]. Third affidavit concerns data 
Baron allegedly told Wood that all information he testified to 
in federal trial of Raymond Patriarca flase [sic]; that data 
provided to him for testimony via coaching of federal agents, 
specific names not set forth. Wood said this is all false, that 
Baron never told him this; that this data also provided to him 
for affidavit by Garaway [sic]. Fourth affidavit alleges Baron 
told him that authorities, not specified, brought Anthony 
Stathopoulos to him so that he, Baron, could tell Stathopoulos 
what he should testify about. Wood said again this is not true 
but facts provided to him by Garaway [sic] for affidavit. Wood 
claims Garaway [sic] is to receive [$35,000] from `Office,' he, 
Wood, [$25,000]; that Garaway [sic] told him Jerry Angiulo (LCN 
Head, Boston) will spend a million dollars to tip over the 
Deegan case, realizing this is the last hope of the `Office' to 
bail themselves out. Wood has had no personal contact with 
anyone re[garding] this plan other than Garaway [sic]; claimed 
Garaway [sic] in process of putting together a lengthy 
affidavit in which Garaway [sic] will allege Baron told him he 
lied re[garding] Deegan and Patriarca cases, specifying FBI 
agents, U.S. Attorney, Task Force Attorneys and Suffolk County 
Officials as being responsible for this testimony.'' \360\

    11-2-70: The FBI interviews Lawrence Wood at Walpole State 
Prison. Joseph Barboza told Wood the following information: (1) 
the federal government promised Barboza $20,000 but did not 
give it to him; (2) federal officials gave Barboza alcohol and 
marijuana at Gloucester, Massachusetts; (3) the affidavit 
William Geraway provided to Lieutenant Bergen of the 
Massachusetts State Police regarding the Clay Wilson murder was 
true; (4) Barboza wanted to kill Paulette Ramos and Dee Wilson; 
(5) Barboza said that he killed two other individuals on the 
West Coast; (6) Barboza admitted killing Frankie Balliro and 
New Bedford Police Chief Frank Durfee; (7) Wood said that he 
was in the process of providing information about the Frank 
Durfee murder to the Massachusetts State Police and the New 
Bedford Police; (8) Barboza, confided that he killed Carlton 
Eaton; (9) Barboza told Wood ``that he personally whacked out 
six people since he had been released by the United States 
Government''; and (10) [Barboza provided Geraway with specific 
details about 2 murders at the Mickey Mouse club.] \361\

    11-5-70: Edward Harrington, Attorney in Charge of the 
Organized Crime and Racketeering Section in Boston, writes a 
memorandum to James W. Featherstone, Deputy Chief of the 
Organized Crime and Racketeering Section at the Department of 
Justice. The memorandum states that: Walpole State Prison 
inmates William Geraway and Lawrence Woods told the Santa Rosa, 
California, Chief of Police that Joseph Barboza told them that 
Barboza murdered someone in Santa Rosa. Through attorney Ronald 
Chisholm, Geraway has had Woods create false affidavits 
claiming that Barboza told Woods that he did not testify 
truthfully at the Edward ``Teddy'' Deegan and William Marfeo 
murder trials. Woods now says that Barboza never talked to him 
about the Deegan and Marfeo cases, but Barboza did discuss the 
Clay Wilson murder. According to the memorandum, 
``[i]nformation received from a witness now in the protective 
custody of [the Suffolk County District Attorney's Office] 
indicates that [Barboza] had tried to obtain $500,000 from the 
organization in this area with the promise of recanting his 
testimony. This witness has furnished information about a 
meeting between [Barboza] and F. Lee Bailey where Bailey gave 
[Barboza] $800 and told him that `the poeple' [sic] had agreed 
to the $500,000 but that he, Bailey, would not act as the 
intermediary.'' Barboza dropped F. Lee Bailey and ``would not 
go through for the organization.'' The memorandum provides 
background information indicating that Geraway has lied to law 
enforcement in the past regarding capital cases. In conclusion, 
the memorandum states, ``Since [Barboza] has now done a turn-
about, drop[ped] F. Lee Bailey and refused to go through for 
the organization, in order to upset the Deegan murder 
convictions and the Patriarca [William Marfeo murder] case, his 
wife and children could now be in danger as a result of the 
organization.'' \362\

    11-9-70: William Geraway signs an affidavit stating in 
relevant part: ``[Joseph Barboza] Baron admitted to me that 
five out of the six men he gave testimony against, four of whom 
are on death row, were innocent, and he stated that [F. Lee] 
Bailey and [Gerald] Alch knew many details of this. The men he 
named as being innocent are Henry Tameleo, Peter Limone, Ronald 
Casseso [sic], Louis Grieco [sic] and Joseph Salvati. Baron 
admitted that a federal case resulting in convictions against 
Tameleo, Casseso [sic] and Raymond Patriarca [for the murder of 
William Marfeo] was also based upon perjured testimony, and 
that this, too, was known to Bailey's law firm.'' Geraway 
further states that on September 1, 1970, a ten-page letter 
from Bailey was delivered to Barboza, and Barboza allowed 
Geraway to read the letter, effectively waiving the attorney-
client privilege. Geraway claims that ``Bailey said that . . . 
Baron had admitted to committing perjury against [Jerry] 
Angiulo, [Raymond] Patriarca and four men on death row.'' 
Geraway also states in his affidavit that Bailey said, 
``Innocent men's lives have been destroyed by your testimony.'' 
The affidavit continues, ``Bailey pleaded with Baron to come 
forth for once in his life and tell the truth, just because 
it's right[.]'' \363\

    11-13-70: Edward J. Harrington Jr., as the Chief Public 
Defender for Massachusetts, writes a letter to the Public 
Defender of Sacramento County. [Note: Chief Public Defender 
Edward J. Harrington Jr. should not be confused with Attorney 
in Charge of the Boston's Organized Crime and Racketeering 
Section Edward F. Harrington.] Harrington undercuts William 
Geraway and Lawrence Wood's credibility, informing the Public 
Defender that Geraway was called a ``chronic liar'' in court. 
Harrington suggests that California further investigate the 
allegations before extraditing Barboza.\364\

    11-16-70: In a memorandum concerning Lawrence Hughes, 
Special Agent Dennis Condon notifies Edward Harrington, 
Attorney in Charge of Boston's Organized Crime and Racketeering 
Section, that Hughes has been kept in the protective custody of 
the Suffolk County District Attorney's Office as a potential 
witness for the last two months. The Suffolk County District 
Attorney's Office is requesting assistance in finding Hughes 
employment.\365\

    Edward Harrington, Attorney in Charge of Boston's Organized 
Crime and Racketeering Section, writes a letter to Gerald Shur 
of the Department of Justice's Criminal Division regarding 
Lawrence Hughes. Harrington's letter states, ``It is requested 
that employment be procured for Lawrence P. Hughes. Mr. 
Lawrence P. Hughes . . . has been kept in protective custody by 
the Suffolk County District Attorney's Office as a potential 
witness for the last two months. Hughes furnished information 
relative to a meeting in the woods in the Freetown, 
Massachusetts area between Joseph [Barboza] Baron and Frank 
Davis, an associate of Raymond L.S. Patriarca, relative to 
negotiations for a change of testimony on the part of Baron to 
release the organized crime figures that he had testified 
against. Hughes also was present when F. Lee Bailey turned over 
$800 to Baron and told him (Baron), `The people would pay the 
$500,000 but he would not be the intermediary.' Hughes will 
testify to this in a hearing relating to a motion for a new 
trial which has been filed by six Cosa Nostra members who had 
previously been convicted for the first-degree murder of Boston 
gangster Edward Deegan. . . . Although tried in the state 
court, the conviction resulted from the joint cooperation of 
federal and state authorities in Massachusetts. The Deegan 
murder case, one of the most significant organized crime 
convictions in New England, resulted in four other defendants 
being sentenced to death and the two other defendants being 
sentenced to life imprisonment. Although tried in the state 
court, the conviction resulted from the joint cooperation of 
federal and state authorities in Massachusetts . . . The 
Suffolk County District Attorney's Office, which has been 
extremely cooperative with the Strike Force, is requesting 
Strike Force assistance in obtaining employment for Hughes 
until this matter is resolved.'' \366\

    11-18-70: Judge Felix Forte of Suffolk County Superior 
Court dismisses motions for a new trial in the Edward ``Teddy'' 
Deegan murder case, according to an airtel from the Boston SAC 
to Director Hoover.\367\ Five defendants were seeking new 
trials: Peter Limone, Henry Tameleo, Ronald Cassesso, Louis 
Greco, and Joseph Salvati. The sixth defendant, Roy French, did 
not seek a new trial. See 5 Denied Retrials in Gang Slaying, 
Boston Globe, Nov. 20, 1970.\368\

    December 1970: Lawrence Patrick Hughes (a.k.a. Larry Brown) 
and his wife meet with Special Agent Dennis Condon, and 
Assistant District Attorneys Jack Zalkind, and John Doyle in 
Dedham, Massachusetts, to discuss relocating Hughes to Texas, 
according to Hughes' testimony at the Clay Wilson murder 
trial.\369\

    12-1-70: The Boston SAC informs Director Hoover by 
memorandum that an investigation disclosed that Joseph Badway, 
a close associate of Raymond Patriarca, was involved in 
meetings discussing Joseph Barboza changing his testimony to 
effect the release of Patriarca and other La Cosa Nostra (LCN) 
members in exchange for a large sum of money. [The majority of 
this memorandum has been redacted.] \370\

    Vincent ``Jimmy'' Flemmi is convicted in Suffolk Superior 
Court for attempted murder. He is subsequently sentenced to 14 
to 18 years at Walpole State Prison.\371\

    12-3-70: An airtel from the Boston SAC to Director Hoover 
apprises Hoover that ``Lt. Det. William Bergin, Mass. State 
Police, attached to Norfolk County DA's Office, and assigned to 
handle MCI, Walpole, Mass., advises he received two affidavits 
from inmate William Geraway, dated 11/24/70. Geraway alleges 
Attorney Ronald Chisholm has furnished him $150, then $200 and 
a $395 watch, as well as a promise of $35,000 to furnish 
affidavits and testify in court relative to statements made to 
Geraway by [Baron] about innocence of individuals convicted on 
Baron testimony. Geraway alleges that Baron did make such 
statements but he, Geraway, was not aware that he could not 
ethically accept these things. Admits at instigation of 
Attorney Ronald Chisholm, who was in contact with Jerry 
Angiulo, he, Geraway, was to `fill in' inmate Lawrence Wood 
with information provided by Baron to Geraway so that Wood 
could also submit affidavits.'' In addition, the airtel informs 
that Geraway wanted to meet with Edward Harrington, but 
Harrington will not meet with Geraway since he is a ``self-
admitted liar.'' \372\

    12-23-70: Director Hoover notifies the Boston SAC in a 
memorandum regarding Boston of the following: ``By return mail 
both Boston and San Francisco advise the Bureau concerning any 
prosecution pending against the subject. Also include details 
as to the stage to which the prosecutive steps have 
progressed.'' A copy of this memorandum is sent to the San 
Francisco Office.\373\

    12-28-70: In an airtel, the Boston SAC informs Director 
Hoover: ``[Joseph Barboza] Baron has been indicted in Bristol 
County on gun carrying charges, armed assault and possession of 
marijuana. No trial date has been set and he is held in 
$100,000 bail. He is also being held for Suffolk County 
authorities for Probation Violation. He is currently in custody 
in the Hampden County Jail in Springfield, Mass. A request for 
his removal to California has been received by Governor of 
Mass. from California authorities to face a murder charge in 
Sonoma County, California.'' \374\

                                  1971

    1-5-71: Anthony Stathopoulos executes an affidavit that 
states in part: ``Officer [John] Doyle told me that [Joseph 
Barboza] Baron had told him that [Louis] Grieco [sic] was in 
the alley shooting [Edward ``Teddy''] Deegan. Someone from the 
District Attorney's staff had told me the seating arrangement 
of the defendants in the courtroom before I testified. On 
September 8, 1967, I was taken by Boston police officers to the 
County Jail at Barnstable where I had a talk with Joseph Baron. 
We talked about the events of March 12, 1965, and about 
testimony that both he and I were going to give before a grand 
jury about that night. I told Baron that I wasn't sure that 
Charles Moore had set up the shooting so that, since I wasn't 
sure, I would not want to involve him. I asked Baron about 
[Vincent ``Jimmy''] Flemmi because Baron, had told me in 
Charles Street Jail that he, Baron could straighten me out with 
Flemmi. Baron told me that he was going to keep Flemmi out of 
it because he said that Flemmi was a friend of his and the only 
one who treated him decently. Before the trial in 1968, I 
talked with Mr. Zalkind about the lawyers for the defendants 
wanting to talk with me before the trial. I thought that I 
would so that I would know what kind of questions they would 
ask me when I was on the witness stand. Mr. Zalkind told me 
that I shouldn't do this because someone was trying to kill me. 
Since the trial I learned from Mr. Bailey about police reports 
and I talked with Mr. Zalkind about the reports. The reports 
were attached together and the first was headed `John Doyle's 
office' and related to the events of September 8, 1967, and the 
second related to certain statements made by Officer Robson 
about talks with me in June and July of 1967 [see 6-22-67 
entry]. Mr. Zalkind informed me, in August or September of 
1970, to the best of my memory, that the second report had been 
delivered to Mr. Zalkind by Officer Doyle sometime after the 
trial was over and that Mr. Doyle believed that a copy of the 
second report had been delivered to one of the lawyers for the 
defendants by a police officer. I also talked with Officer 
Doyle who had some papers in his hand. He said that this was 
what the defense lawyers were talking about. He read parts of 
it to me. He asked me if parts were accurate and I agreed with 
him.'' \375\

    1-12-71: The Assistant Attorney-in-Charge of the Department 
of Justice's San Francisco Office, Phillip Michael, writes a 
memorandum to Edward Harrington. Michael informs Harrington 
that he had a lengthy conversation with Sonoma County District 
Attorney Kiernan Hyland on January 11, 1971. Michael told 
Hyland that the Department of Justice had no desire to 
interfere with Joseph Barboza's pending murder prosecution. 
However, the Department of Justice wanted to ``satisfy 
ourselves, (1) that Barboza was not being framed, and (2) that 
Barboza was represented by competent counsel. . . . Hyland 
believes Barboza became involved with Clay Wilson, the victim, 
in connection with stolen non-negotiable bonds Barboza was 
attempting to sell. Wilson was a known criminal operator in 
Santa Rosa who apparently attempted to cheat Barboza, not 
knowing the character or propensities of Barboza. Barboza also 
became quite friendly with Wilson's attractive wife, who is a 
known user of hard narcotics.'' According to the memorandum, 
Hyland told Michael that the first information they received 
about the murder came from Massachusetts prisoners, who 
provided ``vague, sketchy and inaccurate'' information, yet 
enough to stimulate the investigation. The prisoners did not 
know the location of the body and other crucial information. 
Michael comments, ``Hyland sees no organized crime 
ramifications to this crime,'' because everybody involved were 
just local and known to local law enforcement for years. Hyland 
also does not believe the women were persuaded to frame 
Barboza. Michael informs Harrington that Hyland discussed this 
matter frankly and invited Michael to review his files. Michael 
advised Hyland that an attorney from the Boston Strike Force 
might contact him, which caused him no concern. The memorandum 
concludes, ``Let me know if you wish me to make any new contact 
with Hyland or assist you further in this matter.'' \376\

    2-10-71: The Governor of Massachusetts signs extradition 
papers on Joseph Barboza for the State of California. [This 
information is contained in an airtel from the Boston SAC to 
Director Hoover.] \377\

    2-22-71: A Santa Rosa Press Democrat article reports that a 
Massachusetts judge denies Joseph Barboza's request to fight 
extradition to California for the Clay Wilson murder. 
Massachusetts Judge Denies Baron Block to Extradition, Press 
Democrat (Santa Rosa, CA), Feb. 22, 1971.\378\

    According to an airtel from the Boston SAC to Director 
Hoover, Joseph Barboza waives extradition and is turned over to 
California authorities for removal to California.\379\

    2-24-71: Joseph Barboza is due to arrive in California to 
stand trial for the Clay Wilson murder. (Bony Saludes, Two 
Deputies Returning with Accused Murderer, Press Democrat (Santa 
Rosa, CA), Feb. 23, 1971).\380\

    2-25-71: The Boston Herald Traveler reports, ``Federal 
authorities sought [Joseph Barboza] Baron's parole as a reward 
for his cooperation[.] . . . [A]t the request of local and 
federal officials, the State Parole Board, in a most unusual 
move, scheduled a parole hearing for Baron at the Charles St. 
jail[.]'' The parole hearing was held in March 1969, and 
Barboza was granted parole with the following stipulations: 
Baron was to be released into the custody of Walter Barnes of 
the Justice Department, and Baron was not to return to 
Massachusetts without the parole board's permission. (Thomas C. 
Gallagher, Was Baron's Parole Legal?, Boston Herald-Traveler, 
Feb. 28, 1971.) \381\

    3-1-71: Joseph Barboza pleads not guilty to the murder of 
Clay Wilson.\382\

    Spring 1971: According to a July 11, 1995, affidavit by 
Joseph Barboza's former biographer James Southwood, ``[I]n the 
spring of 1971, Mr. Barboza said: `Louis Greco wasn't in the 
alley!' I have previously made this known to Mr. Louis Greco's 
then attorney. To this end, Mr. Barboza apparently sent a 
message to Raymond Patriarca, boss of the New England Mob, who 
was presently in jail as a result of Mr. Barboza's testimony, 
that the writer, James Southwood, was in possession of the 
Grand Jury minutes of the so-called `Teddy Deegan Murder' case. 
Among those convicted in this case was Louis Greco. Mr. Barboza 
told me that the Grand Jury minutes would prove that he lied in 
the courtroom. He instructed me to return the Grand Jury 
minutes to Attorney Joseph Balliro. To the best of my 
knowledge, the Barboza copy of the Grand Jury minutes was given 
to Attorney Balliro in the summer of 1971.'' \383\

    3-4-71: Edward Harrington, Chief Public Defender for 
Bristol-Dukes-Nantucket Counties, writes to Marteen Miller 
Public Defender of Sonoma County. Harrington informs Miller 
that he has been representing Joseph Barboza. The letter 
apprises that the alleged murder date, time and place is of 
``great concern to us in Massachusetts.'' Harrington states, 
``[W]e came within an eyelash of establishing that he was in 
Massachusetts at about the time of the alleged murder.'' 
Harrington also undercuts Geraway and Woods' credibility 
stating, ``it is my opinion that Garraway [sic] and Woods are 
playing a game with the California authorities for the sole 
purpose of going to California on a vacation.'' \384\

    3-7-71: Joseph Barboza informs Edward Harrington by letter 
that he was arraigned on March 1 and appointed a public 
defender named Marteen Miller. Barboza writes that Miller 
informed him that he would see Harrington in a day or two. 
Barboza then pleads, ``You promised me you'd be down two weeks 
after I left. . . . [P]lease come down like you promised me, 
this can throw my case wide open[.]'' \385\

    3-23-71: Edward ``Ted'' Harrington, Attorney in Charge of 
the Organized Crime and Racketeering Section in Boston, writes 
a memorandum to James Featherstone, Deputy Chief of the 
Organized Crime and Racketeering Section. Harrington notifies 
Featherstone of his trip to California: ``The purpose of this 
trip is to confer with former government witness, Joseph 
[Barboza] Baron, presently imprisoned pending a charge of first 
degree murder[.] In keeping with the government's obligation to 
Baron, I have assured Baron that this office would take all 
proper steps to insure that he receives a fair and impartial 
trial on his pending murder charge. This obligation must be 
kept in view of the fact that many law enforcement officials in 
the Boston area consider that the pending murder charge has 
been concocted by the underworld as a means of retaliating 
against Baron. This belief is supported by the fact that the 
murder investigation was initiated by information provided by 
cell mates of Baron in a Massachusetts prison who advised state 
authorities that Baron had admitted to them of his involvement 
in this murder. These same cell mates subsequently advised the 
same state authorities that they have been receiving monies 
from Attorney Ronald Chisholm, syndicate lawyer in the Boston 
area. . . . I have been informed that he intends to call me as 
a witness in his behalf. This trip to confer with Baron is 
important to the interests of the government in that it is a 
fulfillment of this office's commitments to do all within its 
power to insure that Baron suffers no harm as a result of his 
cooperation with the federal government. The writer will do 
nothing to attempt to dissuade the prosecution from bringing 
its case but will alert them of the possibility that the murder 
is a Mafia frame. The fulfillment of this obligation is also in 
the practical interests of the government as Baron may 
otherwise determine that the government has failed him in his 
time of need and, it is my judgment, that he will then 
retaliate against the government by submitting false affidavits 
to the effect that his testimony in the Patriarca and Deegan 
cases was in fact false, and thus tarnish those most 
significant prosecutions.'' \386\

    3-25-71: Edward F. Harrington, U.S. Attorney in Charge of 
the Organized Crime Strike Force visits Joseph Barboza in 
prison in California. Harrington also reportedly visits with 
Barboza's attorney, Marteen Miller, District Attorney Kiernan 
Hyland, and Sheriff Don Striepeke. As Harrington leaves 
California, he says, ``I just made a courtesy call. I just 
happened to be in town.'' According to the Press Democrat, 
Harrington has a good rapport with Barboza and has communicated 
with him on underworld matters for about four years. Miller 
says he and Harrington discussed Barboza, but not the Clay 
Wilson case. District Attorney Hyland states that Harrington 
made no requests of him. (Bony Saludes, Special U.S. Agent 
Visits The Baron, Press Democrat (Santa Rosa, CA), Mar. 26, 
1971).\387\

    Director Hoover writes a letter to Sheriff of Sonoma County 
Don Striepeke thanking him for writing a letter commending FBI 
agents Dennis Condon, James Scanlan, and Albert Rose in 
connection with the extradition of Joseph Barboza.\388\

    3-26-71: The State of California formally charges Joseph 
Barboza for the murder of Clay Wilson.\389\

    3-27-71: In a letter from Barboza to Ted Harrington, 
Barboza writes, ``[I]f I still have my sanity by the time trial 
come around[,] I'll see you Denny [Condon], [John] Doyle and 
Paul [Rico].'' \390\

    3-29-71: William Geraway's affidavit states, ``[O]ne of the 
men against whom [Barboza] gave perjured testimony was a man 
named Joseph Salvati[.] That Salvati was entirely innocent of 
participation or complicity in the crime[.] That he had 
testified at trial that when a witness or witnesses had 
described one of the men in the getaway vehicle as bald or 
balding, he stated that this man was Joseph Salvati, when in 
reality it was a man named Joseph Romeo Martin[.] He said his 
motive for placing Salvati on the scene of the murder was a 
personal feud[.] Baron stated that Salvati had no part in the 
crime whatsoever, nor any knowledge that it was to happen.'' 
\391\

    3-31-71: In a memorandum to James Featherstone, Deputy 
Chief of the Organized Crime and Racketeering Section, Edward 
``Ted'' Harrington, Attorney in Charge of Boston's Organized 
Crime and Racketeering Section, summarizes his meeting in 
California regarding Joseph Barboza. Harrington states that he 
met with Sonoma County District Attorney Kiernan Hyland on 
March 25, 1971, and advised him that the Department of Justice 
was not attempting to interfere with his prosecution of Barboza 
for the Clay Wilson murder. Rather, Harrington was fulfilling 
his promise to Barboza to advise the District Attorney's Office 
of the possibility that Barboza was being framed for the Wilson 
murder in retaliation for Barboza's cooperation with the 
government in major organized crime prosecutions. Harrington 
also informs Featherstone that he conferred with Chief Public 
Defender Marteen Miller and told him about the possibility of a 
frame. In addition, Harrington told Miller that Dennis Condon, 
Paul Rico and Suffolk County Investigator John Doyle were 
available to testify on behalf of Barboza, and ``they possess 
information which would tend to discredit the veracity of 
prospective state witnesses Garroway [sic] and Wood.'' While 
speaking to Barboza at the Sonoma County Jail, Harrington 
writes that Barboza ``told me that the underworld would take no 
steps to overturn the [Edward ``Teddy''] Deegan murder 
conviction until he was convicted of the pending murder charge, 
at which time the underworld believed that he (Baron) would be 
willing to file an affidavit that he gave false testimony at 
the Deegan trial in return for monies which he would then need 
to support his wife and children while he served a term of life 
imprisonment.'' \392\

    4-14-71: Alan Jehlen writes an article in the Peabody Times 
(Essex County Newspapers) entitled ``Was Louis Grieco [sic] 
framed by Joe Baron?'' The article reports, ``There are strong 
indications that underworld informer Joseph (Barboza) Baron, 
the star government witness at the [Deegan murder] trial, may 
have lied.'' \393\

    A Boston Globe article about the Clay Wilson trial in 
California states, ``The situation [of Joseph Barboza on trial 
for murder in California] is `delicate' for the government 
because Baron reportedly has told them that if they don't get 
him off the hook in the California murder he will blow the 
whistle on how he cooperated with them in the Deegan case.'' 
(Jerome Sullivan, Informer Baron to Switch Story?, Boston 
Globe, Apr. 14, 1971).\394\

    4-16-71: The Peabody Times (Essex County Newspapers) 
reports that Boston Detective William W. Stuart swore in an 
affidavit that he gave evidence to John Doyle, Chief 
Investigator for the Suffolk County District Attorney's Office, 
that Louis Greco, Peter Limone, Henry Tameleo, and Joseph 
Salvati were innocent of the Edward ``Teddy'' Deegan murder. 
Doyle, however, did not care, saying the men were probably 
guilty of other crimes. Stuart's affidavit states that Edward 
``Wimpy'' Bennett told him an account similar to Joseph 
Barboza's trial testimony, but with different participants. 
(Alan Jehlen, Byrne had Evidence of Grieco's [sic] Innocence, 
Peabody Times, Apr. 16, 1971).\395\

    In another Peabody Times (Essex County Newspapers) article, 
William Geraway reportedly told Suffolk County District 
Attorney Garrett Byrne about four murders that Joseph Barboza 
told Geraway about in prison. Byrne did not respond. Geraway 
then gave Norfolk County District Attorney George G. Burke 
information about another murder Barboza committed recently, 
which led to Barboza's arrest for the Clay Wilson murder. (Alan 
Jehlen, `The Taking of a Life is a Serious Matter,' Peabody 
Times, Apr. 16, 1971).\396\

    4-20-71: Raymond Patriarca files a Motion to Vacate in U.S. 
District Court in Boston with affidavits from William Geraway, 
according to an airtel from the Boston SAC to Director Hoover 
dated 4/30/71.\397\

    4-30-71: The Boston SAC informs Director Hoover by airtel 
that since the filing of Raymond Patriarca's ``Motion to 
Vacate,'' Walpole inmate William Geraway advised that he was 
furnishing a false affidavit for Ronald Cassesso in an attempt 
to free Cassesso in the Edward ``Teddy'' Deegan murder. In 
return, Geraway was supposed to receive $10,000, given by 
Cassesso's relative to Geraway's sister on the evening of 4/29/
71. After the meeting, Geraway's sister turned over the money 
to Norfolk County authorities. Attorney Edward Harrington, who 
is handling the Raymond Patriarca motion, is fully aware of 
those developments.\398\

    5-13-71: James ``Whitey'' Bulger is opened as an informant 
by Special Agent Dennis Condon. Bulger is closed on 9-10-71 due 
to ``unproductivity.'' \399\

    6-4-71: A Press Democrat article states that two FBI agents 
visited Joseph Barboza in his California prison cell last week. 
The agents returned to the East Coast with affidavits signed by 
Barboza affirming his testimony, which resulted in the 
convictions of several Mafia figures in 1968.\400\

    6-9-71: The Peabody Times (Essex County Newspapers) reports 
that according to inmate Kenneth Landers, Anthony Stathopoulos 
testified that Louis Greco was at the Edward ``Teddy'' Deegan 
murder scene out of fear for his life, believing that Roy 
French would kill him. Stathopoulos testified for the state to 
put French safely behind bars. (Alan Jehlen, Two Support 
Innocence of Convicted Killer, Peabody Times, June 9, 
1971).\401\

    A Peabody Times article discusses a letter F. Lee Bailey 
sent to Joseph Barboza in prison which summarized their 
conversations. The letter includes Barboza's admission that he 
killed more than twenty people, and that Barboza's testimony 
against Raymond Patriarca, Jerry Angiulo, and the Edward 
``Teddy'' Deegan defendants was false. According to Bailey, 
Barboza showed the letter to a fellow inmate while in prison, 
which may have broken the attorney-client privilege on 
everything Barboza said to Bailey, including the names of 
officials with whom Barboza said he worked out the false 
testimony. Bailey declined to release the letter without a 
court ruling, but Bailey said William Geraway's affidavit about 
the contents of the letter was accurate. The article further 
states that Barboza told Geraway that he included Joseph 
Salvati in the Deegan murder because Salvati owed him $400. 
After members of the Justice Department's ``Strike Force'' on 
Organized Crime, Walters and Harrington, visited Barboza in 
prison, he refused to recant his testimony or take a lie 
detector test as he promised Bailey. Bailey then withdrew as 
Barboza's counsel. Outraged by Bailey's withdrawal, Barboza 
threatened Bailey's family. Bailey also said he saw two police 
reports by three reliable informants which were fairly 
consistent with each other and with Barboza's statements at 
Walpole State Prison, but very different from Barboza's trial 
testimony. (Alan Jehlen, Two Say Greco Innocent of Deegan 
Murder, Peabody Times, June 9, 1971).\402\

    8-2-71: Director Hoover informs the Attorney General by 
memorandum that Boston Police Commissioner Edmund McNamara has 
requested that he be allowed to review the transcripts of the 
electronic surveillance on Raymond Patriarca. Further, during 
the 1968 trial of Patriarca, ``logs of the FBI electronic 
surveillance were made available to the Court for in camera 
inspection. It appears that the newspapers then acquired copies 
of this material.'' \403\ (See also Richard Connolly, The Story 
of the Patriarca Transcripts, Boston Globe, Sept. 21, 
1971).\404\

    8-3-71: By memorandum, Director Hoover notifies the 
Attorney General that the Boston Office has received a letter 
from Suffolk County District Attorney Garrett Byrne requesting 
copies of all references in the Raymond Patriarca surveillance 
to incidents and people in Suffolk County. A note on the 
memorandum reads, ``District Attorney Garrett H. Byrne has been 
cooperative with the FBI in matters of mutual interest. His 
office handled the successful prosecution in State Court of the 
perpetrators of the robbery of Brinks, Inc., which occurred in 
Boston, 1/17/50, the basic evidence having been developed by 
FBI investigation.'' \405\

    8-6-71: Assistant Attorney General of the Criminal 
Division, Will Wilson, writes a memorandum to Director Hoover 
in response to the Director's request for advice as to whether 
Boston Police Commissioner Edmund McNamara should be allowed to 
review the transcripts of the electronic surveillance on 
Raymond Patriarca. Wilson writes, ``It is our view that 
Commissioner McNamara's request should be declined.'' The 
memorandum also states, ``We have uniformly declined requests 
from state and local investigative and prosecutive agencies for 
transcripts of unauthorized electronic surveillances involving 
members of organized crime. Strict adherence to this policy is 
particularly necessary where, as here, a question of law may 
exist as to the use which may be made of such information by 
such agencies and where future state prosecutions involving the 
subjects of such electronic surveillance may be jeopardized as 
a result of its disclosure and use.'' \406\

    8-10-71: Will Wilson, Assistant Attorney General of the 
Criminal Division advises Director Hoover that Suffolk County 
District Attorney Garrett Byrne be denied access to all 
references in the transcripts of the Raymond Patriarca 
electronic surveillance to incidents and people in Suffolk 
County. Wilson states, ``It is our view that District Attorney 
Byrne's request should be declined for the same reasons set 
forth in my memorandum to you dated August 6, 1971,'' 
expressing our view that a similar request by Boston Police 
Commissioner Edmund L. McNamara should be denied. (See 8-6-71 
entry).\407\

    8-11-71: An airtel from Director Hoover to the Boston SAC 
states, ``[A]ttached is a copy of a letter from Will Wilson, 
Assistant Attorney General, Criminal Division, dated August 10, 
1971 . . . concerning the request of District Attorney Garrett 
H. Byrne, Suffolk County, Massachusetts, that he be allowed to 
obtain copies of all materials contained in the transcripts of 
the electronic surveillance maintained on Raymond L.S. 
Patriarca. The Boston office should be certain that both 
District Attorney Byrne and Police Commissioner McNamara are 
told that this is the instruction from Assistant Attorney 
General Wilson that their request for this electronic 
surveillance material be declined.'' \408\

    9-10-71: James ``Whitey'' Bulger is closed as an informant 
due to ``unproductivity.'' John Connolly later reopens Bulger 
on 9-18-75.\409\

    9-15-71: The Boston SAC informs Director Hoover by airtel 
that the Boston FBI Office received two letters, dated 9/10/71 
and 9/13/71, from Lawrence Wood, an inmate at Walpole. Wood 
complains that he is being abused by members of ``the 
organization.'' He also states that Joseph Barboza is innocent 
of the Clay Wilson murder, and he is being framed by the Mafia. 
Wood states that a man from Rhode Island and Boston committed 
the murder and that mafia attorney Ronald Chisholm paid off a 
woman witness. The airtel states that Wood's 9/13/71 letter 
``has serious overtones of suicide[.]'' \410\

    9-21-71: In a letter from William Geraway to Suffolk County 
District Attorney Garrett Byrne, Geraway states, ``(If you had 
submitted Baron to a polygraph, a number of men would not be on 
death row and/or in prison today, but of course you couldn't do 
that because your subordinates, WITH YOUR KNOWLEDGE, were 
rehearsing with him his perjured testimony.) The cases smell so 
badly that their odor is beginning to reach even the most 
secluded public nostrils. . . . Please keep one thing in mind, 
all you can do to me, all the government can do, is keep me in 
prison the rest of my life for a crime I didn't commit. If that 
is the price for seeing that the men on the [Edward ``Teddy''] 
Deegan murder receive fair treatment and that Baron is 
convicted of murder, then let it be.'' \411\

    9-22-71: The Sonoma County District Attorney requests that 
William Geraway be brought from Walpole State Prison in 
Massachusetts to testify in the Clay Wilson murder trial.\412\

    9-27-71: Joseph Barboza's attorney, Marteen Miller, 
requests that prisoner Lawrence Wood be brought to California 
to testify on Barboza's behalf in the Clay Wilson murder trial. 
Wood, a fellow inmate with Barboza and Geraway, initially 
implicated Barboza in the murder and later retracted his 
statement. (See 9-15-71 entry).\413\

    10-13-71: Edward Harrington reportedly visits Joseph 
Barboza in prison in California. Greg Evans, investigator for 
Marteen Miller, Barboza's attorney, reportedly picks Harrington 
up at the airport. Harrington also meets with District Attorney 
Kiernan Hyland, Assistant District Attorney John W. Hawkes, and 
Sheriff Don Striepeke. When asked the purpose of his visit by a 
reporter, Harrington replies ``no comment.'' Harrington says 
his purpose for being in California was the Organized Crime 
Task Force's interest in some recent bookies arrested in San 
Francisco. (Bony Saludes, U.S. Lawyer Visits Baron, Press 
Democrat (Santa Rosa, CA), Oct. 14, 1971).\414\

    10-18-71: Edward Harrington writes a memorandum to File 
regarding his trip to California. The memorandum notes that 
``on October 13, 1971, I spoke with Assistant District Attorney 
John Hawkes and advised him that I was in Santa Rosa. . . . The 
[Sonoma County] Sheriff also said that I had previously told 
the District Attorney that if [Joseph Barboza] Baron were 
convicted on the pending murder charge that I would get him off 
with a light sentence. I denied that I had ever made this 
statement to the District Attorney. . . . The Public Defender 
wanted Special Agent [Dennis] Condon and me to testify for the 
defense with specific reference to the reason for Baron's 
relocation to the Santa Rosa, California, area and to the fact 
that Baron sought, without success, to receive permission to 
carry a gun while he was in California from federal 
authorities. The Public Defender also asked me to request John 
Doyle of the Suffolk County District Attorney's Office to 
testify on behalf of the defense with respect to the 
credibility of prospective state witness William Geraway. On 
October 14, 1971, I received permission from the Sheriff of 
Sonoma County to speak with Baron[.] . . . I made [it] clear to 
Baron that both the FBI and the Department of Justice were 
doing all within their power to insure that Baron received a 
fair and impartial trial.'' \415\

    10-19-71: The Clay Wilson murder trial in California 
begins.\416\

    10-24-71: The Press Democrat reports, ``Public Defender 
Marteen Miller disclosed Friday he will call as a defense 
witness Edward Francis Harrington, attorney in charge of the 
U.S. crime task force for the Justice Department. Mr. 
Harrington's planned appearance is not unexpected since he 
visited the 39-year-old New Bedford, Mass., man twice in the 
county jail--Oct. 13 and last March 25. Mr. Miller's 
announcement confirmed speculation the Justice Department is 
trying to help Mr. Baron, one of its top informants against 
Mafia figures on the East Coast. . . . Mr. Miller said he plans 
to call Mr. Harrington and two FBI agents from the East to 
support Mr. Baron's contention he killed Mr. Wilson in self 
defense. He said the government officials, among other things, 
will explain why Mr. Baron carried a gun in spite of the fact 
he was on parole from Massachusetts and it was illegal for him 
to carry guns.'' (Bony Saludes, The Defense Strategy: Mafia 
Planned to Kill Baron, Press Democrat (Santa Rosa, CA), Oct. 
24, 1971).\417\

    10-26-71: Sonoma County District Attorney Kiernan R. Hyland 
writes the following to Director Hoover: ``The enclosed copy of 
a news article which appeared in our local Sunday paper 
indicates that the defense intends to call two FBI agents from 
the East as witnesses for the Baron. This is disconcerting for 
the prosecution because it presents a picture of a house 
divided against itself. The murder for which we are prosecuting 
the Baron has nothing to do with his Mafia connections. When 
and if FBI agents testify as defense witnesses, it would be 
appreciated that they do me the courtesy of contacting me first 
and allowing me to interview them concerning their possible 
testimony.'' The article Hyland encloses states that Public 
Defender Marteen Miller will call Edward Harrington and two FBI 
agents from the East to support Barboza's contentions that he 
killed Clay Wilson in self-defense. [Bony Saludes, The Defense 
Strategy; Mafia Planned to Kill Baron, Press Democrat (Santa 
Rosa, CA), Oct. 24, 1971.] \418\

    Sonoma County District Attorney Kiernan Hyland writes an 
identical letter to U.S. Attorney General John Mitchell. Hyland 
states that the defense's motion to call Edward ``Ted'' 
Harrington ``is disconcerting for the prosecution because it 
presents a picture of a house divided against itself. The 
murder for which we are prosecuting the Baron has nothing to do 
with his Mafia connections. When and if Mr. Harrington 
testifies as a defense witness, it would be appreciated if he 
would do me the courtesy of contacting me first and allowing me 
to interview him concerning his possible testimony.'' \419\

    11-8-71: Special Agent Paul Rico is subpoenaed to testify 
for Joseph Barboza in the Clay Wilson murder trial on November 
18, 1991.\420\

    11-12-71: In the Clay Wilson murder trial, FBI Agent 
Frederick Wallace's testimony for the prosecution is 
stipulated.\421\

    11-15-71: Edward Harrington, Attorney in Charge of Boston's 
Organized Crime and Racketeering Section, writes a memorandum 
to James Featherstone, Deputy Chief of the Organized Crime and 
Racketeering Section. The memorandum is a response to 
Featherstone's request to set forth the testimony expected from 
Special Agents Rico and Condon and [Harrington] on behalf of 
Joseph Barboza in the Clay Wilson murder trial. Harrington 
states, ``It is my judgment that the federal officials involved 
should respond to Baron's subpoena as it is essential that the 
government should fulfill its commitment to Baron to do all 
within its power to insure that he suffers no harm as a result 
of his cooperation with the federal government.'' Harrington 
also states that the defense wants him to testify to the extent 
of Barboza's cooperation with the federal government, the names 
and stature of the individuals convicted by his testimony, and 
the steps taken by the federal government to ensure Barboza's 
safety. The defense wants Condon to testify as an expert 
witness regarding organized crime in the New England area, and 
about secret underworld movement during the spring and summer 
of 1970 to set up Barboza to be killed. Likewise, the defense 
wants Rico to testify as an expert in organized crime in the 
New England area and about information he received from the 
Spring to Winter of 1969 regarding the underworld's plans and 
movements to kill Barboza.\422\

    11-17-71: An FBI Teletype from Director Hoover to the 
Boston and Miami SACs directs Special Agents Dennis Condon and 
Paul Rico to comply with subpoenas requiring their appearance 
at Joseph Barboza's murder trial. Since Department of Justice 
Attorney Edward Harrington will also testify in this trial, he 
will be in the courtroom to protect Rico and Condon's 
interests.\423\

    11-18-71: William Geraway testifies in the Clay Wilson 
murder trial. [Geraway testifies for about two days.] \424\

    11-21-71: Lieutenant Ed Maybrun of the Sonoma County 
Sheriff's Office receives a call from ``Mr. Lawrence W. Brown'' 
of New Bedford, Massachusetts (supposed to be Lawrence Hughes). 
Brown (Hughes) says that after reading the newspapers he 
believes he has some items that police in California were 
looking for in the Joseph Barboza trial. Brown says he received 
some bonds from Barboza, and he had 100 certified copies. The 
bottom of the report indicates that the FBI apparently received 
a copy of this police report.\425\

    11-29-71: Edward F. Harrington, Attorney in Charge of 
Boston's Organized Crime and Racketeering Section, notifies 
James Featherstone, Deputy Chief of the Organized Crime and 
Racketeering Section, of the upcoming testimony in the Clay 
Wilson murder trial by Paul Rico, Dennis Condon, and Edward 
Harrington. Harrington states that he will testify as to the 
names of the underworld figures against whom Joseph Barboza 
testified, steps taken by the Federal Government to protect 
Barboza, that the government changed Barboza's name to Bentley 
and relocated him to California, and that Harrington denied 
Barboza's request to carry a gun for his protection. Harrington 
further states that Rico and Condon will testify that they both 
advised Barboza while he was in protective custody in 
Massachusetts that they had received information that the La 
Cosa Nostra (LCN) was attempting to locate and kill Barboza 
prior to his testifying for the government. Harrington's 
memorandum further states that Rico will testify that on 
February 3, 1970, he advised Barboza that the LCN knew he was 
in Massachusetts and that two individuals were going to do a 
``hit'' on possibly Barboza. Rico advised Barboza to 
immediately leave the Massachusetts area and return to 
California. Harrington further states that Condon will testify 
that he advised Barboza that in January 1970 two well known 
``hit men'' from the Boston area, Harry Johnson and Allan 
Fidler, traveled to the San Francisco area, possibly to kill 
Barboza. Harrington also states that Condon and Rico will 
testify that William Geraway is considered by law enforcement 
as a ``congenital liar.'' \426\

    12-1/2-71: Lawrence Hughes testifies in the Clay Wilson 
trial (the defense attempted to suppress Hughes' testimony). 
Hughes testifies that he gave photocopies of bonds and stock 
certificates to an FBI agent (Sheehan). Hughes called the 
Sonoma County Sheriff's Office to tell them about the existence 
of the bonds. Hughes was told that the Sonoma County DA would 
call him back; instead, the FBI called Hughes. The FBI asked 
Hughes why he didn't come forward about the bonds, and Hughes 
told them because Harrington's office said they wanted to pass 
the bonds on to California. Hughes got this impression from 
Doyle. Hughes read in the newspaper that there were $150,000 to 
$300,00 worth of bonds important to the Clay Wilson murder that 
were missing. Hughes didn't understand because in March 1971 
the FBI told him to get a copy of the bonds and then they said 
they didn't want the bonds. In November or December 1970, 
Hughes met with Jack Zalkind (and maybe John Doyle also) and 
told Zalkind of Barboza's comment about laying a guy's wife an 
hour after burying him. Zalkind told Hughes that if it's true 
that Barboza said that, Hughes should keep his mouth shut and 
not get involved. Hughes was asked by his brother to go see Joe 
Balliro to sign an affidavit saying that 3 or 4 men in jail for 
the Deegan murder were innocent. Hughes heard Barboza himself 
say the men were innocent, but Hughes refused to sign the 
affidavit. According to Hughes, Barboza contacted ``them'' and 
said that he had lied in the Deegan case, and he would recant 
his testimony for $500,000. Hughes said it was not the case 
that ``they'' contacted Barboza and asked him to recant or come 
forward and say he lied.\427\

    12-2-71: An FBI Teletype dated February 2, 1971, from the 
San Francisco Office to Director Hoover and the Boston FBI 
Office apprises that Dennis Condon, Paul Rico and Edward 
Harrington were interviewed by District Attorney Kiernan Hyland 
and members of his staff regarding their possible testimony in 
the Clay Wilson murder trial. The teletype reads, ``Hyland 
advised that Hughes testified that in July, 1970, Baron 
provided him with access to bonds stolen in California (the 
State's theory is that Baron killed Wilson as a result of an 
argument over the disposition of these bonds) and that Baron 
allegedly admitted to Hughes that he, Baron, had slept with 
Wilson's wife one hour after he had killed Wilson.'' District 
Attorney Kiernan Hyland ``implied that Hughes also told the FBI 
[previously] that Baron had possession of the aforementioned 
bonds.'' The February 2, 1971, teletype refers to a previous 
teletype dated November 24, 1970, from the Boston FBI Office to 
the San Francisco FBI Office. The previous teletype ``set[] 
forth information provided by Hughes to the FBI at the time of 
this interview on [November 24, 1970], at New Bedford, 
Massachusetts. Pertinent information contained in referenced 
teletype was previously made available by FBI, San Francisco, 
to Sonoma County District Attorney's Office. Just prior to 
using Hughes as a prosecution witness, the District Attorney 
turned over to defense counsel the substance of the referenced 
teletype. Referenced teletype had set forth therein that Hughes 
had been in contact with Boston Office of the FBI in September 
[1970], and had not made any statements re[garding] any 
knowledge of Baron's involvement in California homicide. The 
February 2, 1971, teletype continues, ``As the Bureau is aware, 
Hughes, after his contact with the FBI in September of [1970], 
was put in touch with Suffolk County District Attorney's 
Office, as his information had a bearing on the Organization's 
attempts to overturn the [Edward ``Teddy''] Deegan murder case 
in which Baron had testified. . . . District Attorney Hyland 
states that there was no question in his mind that Hughes was 
sent out from the Boston area to solidify the case against 
Baron. Strike Force Attorney is of opinion that Hughes has been 
corrupted by LCN [La Cosa Nostra] and instigated to furnish 
false testimony. In interview of SAs Condon, Rico, and Strike 
Force Attorney Harrington by public defender, he requested the 
results of the FBI interview in September [1970] of Hughes and 
identity of agent who conducted the interview. Strike Force 
Attorney advised public defender that SA Condon had interviewed 
Hughes but could not testify concerning interview without 
obtaining a grant of authority. Strike Force Attorneys from 
Boston, Massachusetts, have this date requested that SA 
Condon's grant of authority be expanded to include that fact 
that on September [23, 1970], he interviewed Lawrence Hughes 
with SA David Divan. At this time Hughes told him about the 
alleged meeting between Bailey and Baron in July [1970], at 
which time the figure of [$500,000] was agreed upon for a 
change of testimony, and an earlier meeting between Baron and 
Frank Davis, close associate of Raymond Patriarca and others, 
in May of [1970]. But Hughes failed to give any information 
concerning Baron's involvement with stolen bonds or the murder. 
Strike Force Attorneys feel strongly that in the best interest 
of the government, this request for testimony should be 
granted. . . . Defense also calling John Doyle, Chief 
Investigator, Suffolk County District Attorney's Office, 
Boston, Massachusetts, as Doyle has been in constant touch with 
Hughes since September [1970] and never received any 
information from Hughes relative to Baron's alleged admission 
of involvement in California murder.'' (See also Bony Saludes, 
The Baron Murder Trial, A Surprise Witness, Press Democrat 
(Santa Rosa, CA), Dec. 2, 1971).\428\

    An authorization letter stamped December 2, 1971, from the 
U.S. Attorney General John Mitchell to Special Agent Paul Rico 
authorizes Rico to testify in the Clay Wilson murder trial 
``concerning the following facts and their surrounding 
circumstances: (1) That when [Joseph] Barboza was in a 
protective status in Massachusetts awaiting call as a witness 
you advised him that efforts were being made by criminal 
elements to locate him for the purpose of killing him before 
his appearance as a witness; and (2) On or about February 3, 
1970, you advised Barboza to leave the Massachusetts area 
immediately because of a potential threat to his life. This 
authorization is subject to the following requirements: (1) You 
may not disclose any information which might result in the 
identification of a confidential informant or source of 
information; (2) You may not identify any of the places where 
Barboza was held in protective status; (3) You may not disclose 
any other information or produce any material acquired as a 
result of your official duties or because of your official 
status; and (4) Any information concerning material in 
Department of Justice files may not be provided without express 
authority from the Department of Justice.'' \429\

    An authorization letter stamped December 2, 1971, from the 
U.S. Attorney General John Mitchell to Special Agent Dennis M. 
Condon authorizes Condon to testify in the Clay Wilson murder 
trial ``concerning the following facts and their surrounding 
circumstances: (1) That when Barboza was in a protective status 
in Massachusetts awaiting call as a witness you advised him 
that efforts were being made by criminal elements to locate him 
for the purpose of killing him prior to his appearance as a 
witness; and (2) That on or about January, 1970, Harry Johnson 
and Allan Fidler traveled from the Boston area to the San 
Francisco area, that they traveled extensively in the northern 
California area, and that they were apprehended and the 
circumstances surrounding their apprehension, detention and 
identification by local police, as well as the facts concerning 
these events of which you advised Barboza. This authorization 
is subject to the following requirements: (1) You may not 
disclose any information which might result in the 
identification of a confidential informant or source of 
information; (2) You may not identify any of the places where 
Barboza was held in protective status; (3) You may not disclose 
any other information or produce any material acquired as a 
result of your official duties or because of your official 
status; and (4) Any information concerning material in 
Department of Justice files may not be provided without express 
authority from the Department of Justice.'' \430\

    An authorization letter stamped December 2, 1971, and 
memorandum from the U.S. Attorney General to Edward F. 
Harrington authorizes Harrington to testify in the Clay Wilson 
murder trial concerning the following facts: (1) The names of 
the persons against whom Barboza testified in federal and state 
court; (2) Barboza was maintained in a protective status by the 
United States; (3) The government relocated Barboza to 
California under a changed identity; (4) The government 
assisted Barboza in entering a cooking school; (5) Barboza 
requested authorization to carry a gun and authorization was 
not obtained. The memorandum listed the following restrictions: 
(1) You may not identify any of the places where Barbosa [sic] 
was held in protective status; (2) You may not disclose any of 
the techniques employed in effecting Barbosa's [sic] change in 
identity; (3) You may not disclose any other information or 
produce any material acquired as a result of the performance of 
your official duties or because of your official status; and 
(4) Any information concerning material in Department of 
Justice files may not be provided without express authorization 
from the Department of Justice.'' \431\

    12-3-71: Joseph Barboza testifies in his own defense in the 
Clay Wilson murder case in California: ``They [the Feds] told 
me I was to be called Joe Wilson.'' Barboza was relocated from 
Louisville, Kentucky, to Santa Rosa, California, in 1969 
because the Mafia was after him. Barboza went back east to try 
to dispose of some stolen bonds and had a clandestine meeting 
in the woods with a group of men--Frank Davis, Ralph Keating, 
Donald Barboza, Leonard Hughes, Herbert Jesus, and James 
Southwood, a reporter. Barboza told them he was going to recant 
his testimony in exchange for money. Barboza said he lost his 
address book which contained names of FBI, Santa Rosa police, 
US Marshals, Justice Department, special attorneys for the 
Justice Department, state police, etc. Barboza talked to Ronald 
Cassesso and Henry Tameleo and discussed his testimony in the 
Edward ``Teddy'' Deegan case. Barboza got $1000 per month from 
the Office for a couple of months, and then the money stopped. 
Barboza saw Bailey 3 or 4 times at Walpole in regards to 
recanting his testimony. That is why Barboza was being paid. 
Barboza signed an affidavit saying he would recant his 
testimony, but he never did recant. Barboza later told Bailey 
he would not recant. He and Bailey had no more conversations 
after that. Barboza was told by the Justice Department not to 
carry guns, and if he were caught, they would not help him. 
Barboza was arrested on gun charges on 7/17/70 in 
Massachusetts. (See 7-17-70 entry). However, those charges were 
dropped on 7/21/20 by District Attorney Dinnis. Dinnis said 
that before charges were dropped, federal officials telephoned 
him and said they were concerned with Barboza's welfare and 
that Barboza has been cooperative with them and given them 
vital testimony. (See 7-21-70 entry).\432\

    On cross examination in the Clay Wilson trial, Joseph 
Barboza admits to signing an affidavit saying he would recant 
portions of his [Edward ``Teddy''] Deegan testimony, but he 
never did recant his testimony. Barboza also says the Mafia was 
paying him to recant, but that he was just ``fooling'' the 
Mafia. Barboza testifies that he told federal authorities on 
September 17, 1971, that he had no intention of recanting his 
Deegan testimony.\433\

    The Press Democrat reports that Edward Harrington has 
visited Joseph Barboza twice at the county jail since Barboza 
was extradited from Massachusetts. (Bony Saludes, U.S. Mafia 
Battle Told in Santa Rosa Court, Press Democrat (Santa Rosa, 
CA), Dec. 3, 1971).\434\

    12-6-71: Interrogatories are filed for Jack Zalkind in the 
Clay Wilson murder trial, which Zalkind later answers by 
telephone.\435\

    12-7-71: In a memorandum from Henry Petersen, Acting 
Assistant Attorney General of the Criminal Division, to 
Attorney General John Mitchell, Petersen attaches a memorandum 
and a copy of the FBI report of the interview with Lawrence 
Patrick Hughes. The attached memorandum ``requests the Attorney 
General's authorization to permit Special Agent Dennis M. 
Condon to include certain additional matters in his testimony 
in a criminal case.'' \436\

    Attorney General John Mitchell writes a letter to Dennis 
Condon expanding the extent of Condon's testimony at the Clay 
Wilson murder trial to the following: (1) You interviewed 
Lawrence Hughes on Sept. 23, 1970 with Agent Divan; (2) the 
interview took place in a FBI vehicle in the parking lot of the 
VA hospital in Brockton, Mass; (3) the length of the interview; 
(4) the interview related to the Winter of 1969 to present; (5) 
Hughes gave no information about Barboza's involvement with 
stolen bonds or the Wilson murder.\437\

    Henry E. Petersen, Acting Assistant Attorney General of the 
Criminal Division notifies Director Hoover by memorandum of 
testimony by an FBI agent in the State of California v. Joseph 
Barboza. Petersen writes, ``Attached for your information is a 
copy of a communication from the Attorney General to Agent 
Dennis M. Condon enlarging the scope of the testimony which he 
is authorized to provide at the Barboza trial.'' The attached 
letter from the Attorney General to Condon expands the 
authority extended to Condon to testify at the Clay Wilson 
murder trial. (See entry above).\438\

    12-8-71: Edward Harrington, Paul Rico, and Dennis Condon 
testify in Joseph Barboza's defense at the Clay Wilson trial in 
California. Harrington testifies that Barboza was a federal 
government witness in cases brought against Raymond Patriarca, 
Henry Tameleo, Ronald Cassesso, and others starting in 1968. 
The government's ``security arrangements'' with Barboza began 
prior to his giving testimony and approximately a year after he 
ceased testifying. Barboza was released from protective custody 
in March 1969. Harrington was not asked about visiting Barboza 
in prison in California in March 1971. According to Dennis 
Condon's testimony, a ``confidential source'' informed Condon 
that Barboza's ``life was in serious jeopardy.'' Condon 
testifies that he discussed this with Barboza in January 1970. 
When asked if he knew whether Barboza was negotiating with the 
Mafia to change his testimony in the Edward ``Teddy'' Deegan 
case, Condon replies, ``I would have to respectfully decline to 
answer that question, sir, on the basis of instructions from 
the Attorney General of the United States.'' Prosecutor Hyland 
responds, ``We'll respect Mr. Condon's statement.'' (See 12-2-
71 entry). Paul Rico testifies that he knew of attempts on 
Barboza's life. Rico informed Barboza that during the 1968 
trials, the Mafia blew up Attorney John Fitzgerald's car to 
``point out the seriousness of their efforts.'' Rico says he 
last talked to Barboza in April 1970 in Massachusetts. Rico 
denies that Barboza indicated to him that Barboza was setting 
up negotiations with the Mafia. (See 12-2-71 entry). (See also 
Bony Saludes, Baron Admits Mafia Tie--But Not to Being 
`Enforcer' Press Democrat (Santa Rosa, CA), Dec. 8, 1971).\439\

    According to a Press Democrat article, Barboza testifies 
that he sent word to the Mafia through his long-time New 
Bedford friend, Leonard Hughes, that he would change his 
William Marfeo and Edward ``Teddy'' Deegan testimony in 
exchange for $500,000. But Barboza says he never intended to 
recant. It is not clear if the Mafia contacted Barboza to 
recant or if Barboza contacted the Mafia. (Bony Saludes, Baron 
Admits Mafia Tie--But Not to Being an `Enforcer,' Press 
Democrat (Santa Rosa, CA), Dec. 8, 1971).\440\

    A memorandum from Edward F. Harrington, Attorney in Charge 
of the Boston Strike Force, to James Featherstone, Deputy Chief 
of the Organized Crime and Racketeering Section, states, ``On 
today's date, Attorney Harrington and Special Agents Dennis 
Condon and Paul Rico appeared before Superior Court Judge 
Murphy in voir dire, at which time the judge decided that the 
area of testimony to be given by the three Federal witnesses 
would be in conformity with the Attorney General's grant of 
authority.'' \441\

    12-9-71: The Press Democrat reports that Edward Harrington 
and two FBI Special Agents, Paul Rico and Dennis Condon, 
confirmed in court that Joseph Barboza was an important 
government witness against the Mafia, which endangered his 
life. Earlier in the trial, District Attorney Marteen Miller 
said he would call these witnesses to explain why Barboza 
carried a gun. Harrington testified that Barboza was the chief 
witness in a successful Massachusetts prosecution of six Mafia 
members for the Edward ``Teddy'' Deegan murder. Harrington also 
said Barboza was a witness for the March 1968 prosecution of 
Raymond Patriarca. Harrington confirmed that security 
arrangements were made for Barboza prior to and for a year 
after he was a prosecution witness. Harrington said the 
government's policy was not to inform local authorities that a 
relocated witness was in their community. District Attorney 
Miller's investigator, Greg Evans, testified that William 
Geraway told him that Geraway received the information about 
Barboza killing Clay Wilson from Ronald Cassesso. (Bony 
Saludes, U.S. Agents Tell of Baron, Press Democrat (Santa Rosa, 
CA), Dec. 9, 1971).\442\

    12-10-71: John Fitzgerald testifies on Joseph Barboza's 
behalf in the Clay Wilson murder trial. The Press Democrat 
reports that Fitzgerald testified for the sole purpose of 
impeaching Geraway, saying he knew Geraway and called him a 
``pathological liar.'' The Press Democrat also reports that 
Jack Zalkind answered interrogatory questions by phone in the 
judge's chambers. Zalkind replied ``no'' when asked if Lawrence 
Hughes told Zalkind about Barboza's statement about having 
sexual intercourse with murder victim Clay Wilson's wife an 
hour after burying Wilson. Zalkind did admit, though, that he 
spoke to Hughes and that Hughes was in protective custody in 
1970 and 1971. Zalkind then requested copies of the testimony 
of Geraway, Hughes, and Barboza, but did not state why he 
wanted them. See Bony Saludes, Baron's Ex-Attorney Takes Stand, 
Press Democrat (Santa Rosa, CA), Dec. 10, 1971;\443\ see also 
Sonoma County Court Record.\444\

    12-13-71: Joseph Barboza pleads guilty to the second degree 
murder of Clay Wilson.\445\

    12-14-71: An FBI teletype from the San Francisco FBI Office 
to Director Hoover and the Boston and New York FBI Offices 
states, ``[Barboza] changed his plea from not guilty to guilty 
in local court to second degree murder and was subsequently 
ordered to confinement at Vacaville, California, for 
preconfinement examination. Final sentence date to be set. 
Investigation continuing.'' \446\

    Joseph Barboza is sentenced to five years to life for the 
murder of Clay Wilson.\447\

    12-31-71: Joseph Barboza sends a letter to Edward 
Harrington at the Federal Building on Congress Street in 
Boston, Massachusetts.\448\

                                  1972

    1972: Joseph Barboza and author Bob Patterson sign a 
contract to collaborate on a book called In and Outside the 
Family. Barboza is obligated to supply documents, memos, and 
photographs to Patterson. James Chalmas (aka Theodore Sharliss) 
is under written contract with Barboza to pay advances to 
Patterson.\449\ In his book, Strike Force, Organized Crime and 
the Government, Clark R. Mollenhoff writes in relevant part the 
following regarding the Raymond Patriarca tapes: ``The Federal 
Bureau of Investigation bugged the office of New England's 
crime boss, Raymond Patriarca, from March 1962 until July 1965. 
Monitoring of conversations . . . was stopped on orders from 
President Lyndon Johnson who told the public he was against 
obtaining evidence in this way. . . . The Johnson 
Administration's decision to assure `fair play' for Fred Black, 
Jr., had repercussions throughout the country. Since by 
disclosing the complete bugging file on Black the Department of 
Justice had enabled him to avoid a federal prison term, it had 
to apply the same rule now in similar cases. . . . The decision 
threatened to overturn the conviction of Louis (The Fox) 
Taglianetti, who had been convicted of federal income-tax 
evasion in 1966. . . . Under the new `Black' rule, Taglianetti 
had to be given access to any government information that dealt 
even remotely with him while he was under investigation. In May 
1967, Justice Department lawyers delivered the airtels of the 
bug in the Patriarca office to Chief Judge Edward Day of the 
United States District Court in Providence. Judge Day reviewed 
them all, and concluded that only ten had to be made available 
to Taglianetti and his lawyers. Those ten airtels appeared in 
the federal court record, and a tremor went through the East 
Coast Cosa Nostra and the entire political-criminal world of 
New England. (p.119-20). . . . Many of the conversations 
related to gangland murder victims: Samuel Lindenbaum and 
Steven Hughes in Middleton, Massachusetts; Joseph Francione, 
gunned down in Revere; and Henry Reddington, killed in his 
Weymouth home. Patriarca was told `Joe Barboza of East Boston' 
killed Francione. (p. 123). . . . The so-called `Taglianetti 
logs' were made public by Judge Day on May 19, 1967. . . . On 
June 20, 1967, a federal grand jury indicted Patriarca on 
charges that he and two others had conspired to engineer the 
murder of William Marfeo over a competitive gambling enterprise 
Marfeo was running. . . . Named as a coconspirator, but not as 
a defendant, was the man they had tried to hire in 1965 as the 
`hit man' to kill Marfeo. Joseph (Barboza) Baron, named in the 
tapes by [Henry] Tameleo as the man who had murdered Joseph 
Francione, had decided to cooperate with the Attorney General's 
office in April, immediately before the revelation that 
Patriarca's office had been bugged. (p. 124). . . . The tapes 
gave federal and local investigators reason to join forces in 
developing the Joseph (Barboza) Baron testimony. So long as the 
case originated from Baron's discussion and not from the FBI 
eavesdropping it could be used to prosecute. Baron voluntarily 
furnished a statement to agents of the FBI in April of 1967 
concerning the offense in 1965. (p. 125). . . . Bob Blakey had 
been a Special Prosecutor in the Organized Crime and 
Racketeering Section of the Justice Department from August 
1960, until June 1964. He declared that the Taglianetti airtels 
were far and above the best information that he had obtained. 
[I read] . . . investigation reports that were the product of 
the use of normal investigative methods. There is just simply 
no comparison in the two kinds of reports. In light of this, I 
find it nothing short of incredible that Mr. Clark and others 
would seriously suggest that the use of electronic-surveillance 
techniques is ``neither effective nor highly productive. (p. 
129). Louis the Fox thought he was sly when he had his lawyers 
request the disclosure of all FBI eavesdropping records. (p. 
130). . . . Though the bugging of Patriarca's headquarters in 
Providence had taken place when the results were not admissible 
evidence in state or federal courts, the revelation of the ten 
airtels in connection with Taglianetti's income-tax case 
produced the example that Professor Blakey needed to 
demonstrate that Ramsey Clark didn't know what he was talking 
about.'' (p. 131). Clark R. Mollenhoff, Strike Force: Organized 
Crime and the Government 120, 123-25, 129-31 (1972).\450\

    1-7-72: Edward Harrington writes Joseph Barboza a letter 
promising, ``I'll call Gary to see about his recalling the 
probation violation warrant. I'm sure he'll do it. After the 
warrant is revoked, I don't think you'll have any trouble being 
eligible for a decent program to present to the Parole Board.'' 
\451\

    1-10-72: Joseph Barboza sends a letter to Special Agent 
Dennis Condon at the FBI Building in Boston, 
Massachusetts.\452\

    1-11-72: Joseph Barboza receives a letter from the 
Department of Justice in Washington, D.C.\453\

    1-14-72: In a letter to William Geraway, Detective Sergeant 
Tim Brown of the Sonoma County Sheriff's Office thanks Geraway 
for his assistance in the Clay Wilson murder trial and 
describes the details Geraway provided about the murder.\454\

    1-16-72: Barboza sends a letter to District Attorney 
Garrett Byrne at the Suffolk County District Attorney's Office 
in Boston, Massachusetts.

    1-17-72: William Geraway drafts a letter to Kiernan Hyland 
the Sonoma County District Attorney. Geraway states that he 
``had to practically force Mr. Fahey to call Mr. Bailey'' and 
that Detective Sergeant Tim Brown threatened to return Geraway 
to Massachusetts without testifying because Geraway refused to 
go for a ride with him over a route Geraway knew from 
memory.\455\

    1-19-72: Edward Harrington, Attorney in Charge of Boston's 
Organized Crime and Racketeering Section, sends a letter to 
Lois Eggers, Correctional Counselor at the California Medical 
Facility in Vacaville. Harrington informs Eggers, ``It is the 
United States Government's desire that the State of California 
place Bentely [sic] [Joseph Barboza] in a constructive 
correction program designed for his ultimate release as a 
contributing member of society. . . . The government also 
requests that Bentely's [sic] significant contribution to law 
enforcement in the organized crime field be weighed when his 
eligibility for parole is considered.'' \456\

    1-21-72: The California Department of Corrections prepares 
a Cumulative Case Summary stating that before the Clay Wilson 
murder, Barboza ``claims that he had protective custody through 
the FBI, constantly carried a gun and wore a bullet-proof 
vest.'' \457\

    1-25-72: California Department of Corrections Counselor 
Albert Ng comments, ``A figure in the New England area 
underworld, his activities there are unknown, but his value as 
a witness is attested by a letter from U.S. Department of 
Justice, organized crime and racketeering action [sic], dated 
1-19-72. [Barboza] is making a satisfactory adjustment in RGC 
general population. So far, he has not indicated any desire for 
protective custody. Request for CMF for his transfer to fill 
work/crew position #902 in bakery is noted. In view of the 
complexity in this case, [Barboza] is a marginal work/crew 
candidate. Accordingly to 4th termer status, age 40, ineligible 
for camp or minimum custody, he is also suitable for Folsom. To 
either CMF as `H' or Folsom.'' \458\

    1-28-72: William Geraway sends a letter to Attorney General 
John Mitchell. According to the letter, ``FBI Agent Dennis 
Condon told Det. Sgt. Tim Brown that Baron is `The most 
dangerous man on the East Coast.' '' \459\

    Joseph Barboza sends a letter to Edward Harrington at the 
U.S. Post Office and Courthouse in Boston, Massachusetts. 
Barboza also sends a letter to Special Agent Dennis Condon at 
the FBI in Boston.\460\

    By memorandum, Edward Harrington, Attorney in Charge of 
Boston's Organized Crime and Racketeering Section, notifies 
Gerald Shur of the Department of Justice's Criminal Division 
that Barboza has advised Harrington that he will be eligible 
for parole in four years. Per Barboza's request, Harrington 
asks whether the Department of Justice would be willing to 
attempt to find employment for him once he is paroled. 
Harrington writes, ``The development of Joseph Barboza as a 
government witness was the single most important factor in the 
government's successful drive against organized crime in the 
New England area. It would be in the best interest of the 
United States to maintain a continued concern for the personal 
problems of an individual who has contributed so greatly to the 
government's campaign against organized crime.'' \461\

    2-1-72: The California Department of Corrections approves 
Joseph Barboza's transfer. The document states, ``Folsom 
transfer endorsed as most appropriate in light of all case 
factors. . . . [Barboza] is designated a SPECIAL CASE-
DEPARTMENTAL-NOTORIETY because he is of special interest to the 
United States Department of Justice, Boston Field Office, 
Organized Crime and Racketeering Section. They request 
notification by telephone of any unusual developments in this 
case. FBI Agents [Edward] Ted Harrington and Dennis Condon. 
[Note: Harrington is the Attorney in Charge of Boston's 
Organized Crime and Racketeering Section, not an FBI agent.] 
This interest stems from subject's testifying against the Mafia 
in the first successful prosecution of a top Mafia Chief.'' The 
transfer was recommended by Correctional Counselor Albert Ng 
and approved by Associate Superintendent James A. Kane.\462\

    2-7-72: Edward F. Harrington, Attorney in Charge of 
Boston's Organized Crime and Racketeering Section, writes a 
letter to Raymond Procunier, Director of the California 
Department of Corrections. The letter states, ``This is to 
advise you that [Barboza] . . . is an individual whose 
development as a witness on behalf of the United States 
Government was the most important breakthrough in the 
government's campaign against organized crime in the New 
England area. . . . [Barboza's] personal security could be a 
matter of some concern for your department[.] It is requested 
that the possibility of underworld retaliation against 
[Barboza] for his cooperative effort on behalf of the United 
States Government be a factor considered by you in determining 
the appropriate facility for his incarceration.'' \463\

    2-14-72: William Geraway's affidavit reads, ``He [Barboza] 
is aware, and letters he wrote from this prison affirm that 
awareness, that the Justice Department would like very much to 
see him killed, thereby placing blame on alleged mafia members 
and removing for all time both a threat and an embarrassment. . 
. . It is my understanding that Attorney Bailey was to be 
called as a prosecution witness, and with the rebuttal case 
available to them, why the prosecution allowed a [second] 
degree pleading remains a mystery.'' \464\

    2-25-72: The Correctional Counselor at the California 
Correctional Institution at Tehachapi, T.R. Fahey, writes a 
letter to Edward Harrington. Fahey advises that Joseph Barboza 
was transferred from the California Medical Facility at 
Vacaville to Tehachapi on 2-18-72. He appeared before the 
screening committee on February 22, 1972, and made some 
comments that Fahey believes would interest Harrington. Fahey 
writes that Barboza claimed that he was offered $500,000 to 
change his testimony in Federal Court, and was considering this 
offer so his wife would not have to live on welfare. Fahey 
further states that Barboza also said that changing his 
testimony would require legal maneuvers since his testimony in 
court was true. Fahey relays this information to Harrington in 
case Barboza attempts to change his prior testimony.\465\

    March 1972: FBI Supervisory Special Agent John Morris is 
assigned to the Boston FBI Office until approximately November 
1991.\466\

    3-7-72: Attorney General Robert Quinn writes a letter to 
Massachusetts State Senator Joseph Ward regarding allegations 
made by William Geraway to Senator Ward about Barboza. Quinn 
writes that he inquired into the allegations and was told 
investigations (presumably about Barboza) were underway by the 
District Attorneys of Suffolk and Norfolk Counties, and the 
FBI. Therefore, Quinn writes, ``to avoid any interference with 
current investigations, no direct action has been undertaken by 
this office with regard to Mr. Geraway's allegations.'' \467\

    3-8-72: A letter from Edward Harrington, Attorney in Charge 
of the Boston Strike Force, to T.R. Fahey, Correctional 
Counselor of the California Department of Corrections states in 
relevant part: ``Thank you for your letter dated February 25, 
1972[,] relating to Joseph [Barboza's] conversation with 
members of your screening committee. This information is of 
great value to the federal government. . . . I greatly 
appreciate your taking the time to keep us informed of this 
matter.'' \468\

    5-2-72: FBI Director J. Edgar Hoover dies.

    5-17-72: In a letter from Edward Harrington to Joseph 
Barboza, Harrington states that he received Barboza's letter 
dated May 7, 1972, and indicates that he will be ``very happy'' 
to talk to the person writing Barboza's book. Harrington 
promises to introduce the writer to ``other individuals who 
would have background information relating to your career.'' 
\469\

    5-24-72: Joseph Barboza testifies before Representative 
Claude Pepper's Select Committee on Crime about organized 
crime's involvement in sports, specifically horse racing. 
Barboza reportedly testified under heavy guard because he had 
been given special protection since his testimony against 
Raymond Patriarca.\470\

    The Boston FBI Office advises the Acting Director by 
teletype that Edward Harrington advises the FBI that Joseph 
Barboza is in Washington D.C. on subpoena from Claude Pepper's 
Select Committee and is to appear before the Committee the 
following day, Thursday, May 25. The teletype states, ``Baron 
will reportedly give testimony re[garding] race fixing and 
organized crime. Justice Department was not aware of Baron's 
subpoena and is not in agreement with his appearance before 
[the] Committee.'' \471\

    5-26/29-72: U. S. House of Representatives investigator Roy 
Bedell conducts an interview of Joseph Barboza, a part of which 
was recorded. Barboza describes the Edward ``Teddy'' Deegan 
murder in detail and makes no mention of Joseph Salvati.\472\

    6-1-72: A Montana state prison report states: ``Rec'ed from 
U.S. Marshall [sic] Wash D.C. PC will receive all PC 
Privileges. `Any questions' concerning this man will be 
referred to Lt. King.'' [The word ``confidential'' is crossed 
out.] \473\

    6-2-72: A letter from R.E. Coyle, Assistant Director, Law 
Enforcement Liaison, California Department of Corrections, to 
Chris Nolde, Associate Counsel, Select Committee on Crime, 
states in relevant part: ``[P]rior to [Barboza's] transfer to 
Washington, he alerted other inmates at the institution where 
he was housed that he was en route to Washington to testify.'' 
The letter continues, because of Barboza's ``inability to keep 
his identity and activities limited, . . . I [must] take very 
stringent action to insure his protection. . . . Effective this 
date, I have directed that he is a protective custody case. . . 
. He will not under any circumstances come in contact with 
other inmates.'' \474\

    6-4-72: Raymond Patriarca is found not guilty at a second 
jury trial of charges alleging he was an Accessory to Murder. 
During the trial, John ``Red'' Kelley again testified about the 
alleged meeting that took place in front of the Gaslight 
Restaurant.\475\

    6-13-72: Joseph Barboza receives a letter from Edward 
``Ted'' Harrington.\476\

    In a letter from Joseph Barboza to Marteen Miller, Barboza 
says that the writer of his book will interview Edward 
Harrington, Dennis Condon, John Doyle, Col. Walter Stone, 
Superintendent of the Rhode Island State Police and others who 
have consented.\477\

    6-15-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington at the U.S. Post Office and Courthouse in Boston, 
Massachusetts.\478\

    6-16-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington at the U.S. Post Office and Courthouse in Boston, 
Massachusetts.\479\

    6-19-72: Edward Harrington's letter to Joseph Barboza 
states, ``You are well aware, I know, that there is no 
requirement for you to testify in any new cases in order for 
the Dept. of Justice to bring to the attention of the Parole 
Board at the appropriate time the contribution which you have 
already made to the government's campaign against organized 
crime.'' \480\

    6-20-72: A memorandum from Folsom State Prison, Represa, 
Associate Warden H. Morphis, to the Visitor Processing Officer 
grants ``approval to Mr. and Mrs. Sharliss of San Francisco to 
visit [Barboza].'' \481\

    6-21-72: In a letter from Joseph Barboza to a friend, 
Barboza shows his gratitude for her work on putting together 
his biography. He writes, ``But if in some way through this 
book that it should cause and add to the public awareness of 
the diabolical menacing foothold which the mafia is embracing 
this country so that at least one person will stand up and 
fight then your work . . . and my endeavorments [sic] will not 
entirely in the least be in vain!'' \482\

    6-22-72: A letter from William Geraway to Joseph Barboza 
says that policeman Bill Stuart ``gave a police report to Gerry 
[Angiulo] on Romeo Martin giving him information on the [Edward 
``Teddy''] Deegan murder; Gerry then ordered Romeo killed[.]'' 
\483\

    6-28-72: Joseph Barboza receives a letter from the 
Department of Justice in Washington, DC.\484\

    6-29-72: Joseph Barboza sends a letter to Special Agent 
Dennis Condon.\485\

    July 1972: According to William Geraway, in July of 1972, 
Congressional Investigator Roy Bedell from the Select Committee 
on Crime, visits him at the state prison in Walpole. Geraway 
claims that it was clear to him that Bedell ``intended to 
utilize the interviews as a screen to get into the record from 
me 3 points which would allow Joseph Barboza Baron freedom: 1) 
That Baron had killed Wilson in self-defense, which is absurd; 
2) That Baron's testimony against men in Massachusetts had not 
been perjury; 3) To get into the record from my own lips that 
Baron does not have a second body in Sonoma County.'' (See 
William Geraway Affidavit, Feb. 13, 1973).\486\

    7-2-72: Joseph Barboza describes sending items to ``the 
Greek'' in a letter to Greg Evans.\487\

    7-5-72: Joseph Barboza receives a letter from the 
Department of Justice.\488\

    7-7-72: Joseph Barboza receives a letter from U.S. 
Department of Justice, Section of Organized Crime in Boston, 
Massachusetts.\489\

    7-9-72: Folsom State Prison Correctional Lieutenant F. Gaul 
writes a memorandum to J. Campoy, Correctional Captain. The 
memorandum informs that Mr. Sharliss came to visit Joseph 
Barboza and was denied entry because of lack of personal 
identification. Mr. Sharliss was extremely agitated and hostile 
towards the Corrections Lieutenant. Sharliss even tacitly 
threatened the Lieutenant, explicitly stating that he ``would 
be sorry [that he] did not show [Sharliss] more respect and 
courtesy and take more responsibility on my own.'' \490\

    7-10-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington, which was returned to Barboza.\491\

    7-18-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington.\492\

    7-24-72: A letter from Joseph Barboza to a friend, states 
that ``I learned to cook Chinese food while cooking aboard ship 
to the orient and I know a lot of secrets to their cooking. But 
I hurt my back in Kowloon [and] collected $18,500, strange how 
well my back feels now?'' [Note: This probably indicates that 
Barboza faked the injury.] \493\

    7-28-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington.\494\

    8-4-72: Joseph Barboza sends a letter to Special Agent 
Dennis Condon.\495\

    Joseph Barboza's letter to a friend states that there have 
been over six attempts on his life.\496\

    8-5-72: A letter from Joseph Barboza to a friend states 
that Ted Sharliss ``will always let you [Barboza's friend] use 
a car to come and visit.'' Barboza tells her that he wrote 
Sharliss and told him to give a copy of the manuscript of 
Barboza's book to her. Barboza also tells his friend that he 
told Sharliss that he could not stand ``evasiveness and being 
undependable'' and wanted to ``clear the air'' with him and 
``strengthen our friendship.'' Barboza also tells his friend 
that he told Sharliss that he would give him 25% of his book's 
profits, speculating that would be around $200,000. He also 
states that he told Sharliss that he ``wanted to see him 
because somebody admitted to perjury in my case, so that it 
would be best and was for the best he [sic] hadn't gone to N.Y. 
. . . now that this [sic] as been brought to light.'' Later he 
states that he has to ``watch that the Mafia and lawyers like 
F. Lee Bailey, Joe Balliro, Ronnie Chisholm don't try to 
influence them behind our backs or try to frighten him. Believe 
me I know what I am talking about! Marteen Miller and Greg 
Evans have the transcripts and are overly knowledgeable on the 
case which they will supply. I hope?'' \497\

    8-9-72: The Supervising Officer of the California State 
Prison at Folsom in Represa, California, states in a memorandum 
to J. Campoy, Correctional Captain, that ``Greg Evans attorney 
from Sonoma County came to the institution this date, for an 
interview with [Barboza]. The interview took place in the 
Adjustment Center starting at 1150 and terminating at 1405.'' 
\498\

    8-10-72: Joseph Barboza writes to a friend that he received 
a letter from Washington and the earliest he will be returning 
to Washington to testify before Claude Pepper's Committee is 
September 10th. Barboza also tells the friend that Ted Sharliss 
is an informant. Barboza tells the friend that she is the ``top 
one in my book of trust'' and that ``Ted [Sharliss] is my 
friend with love but its mixed with ulterior motives. I know 
what I am talking about!'' Barboza further tells her that he 
has been writing to a guard in a county jail back east for six 
years.\499\

    8-14-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington in Boston.\500\

    8-15-72: Joseph Barboza sends a letter to Detective John 
Doyle in Boston, Massachusetts.\501\

    In a letter to a friend, Joseph Barboza tells her about two 
phone calls he received today--one from D.C. and the other from 
Boston. The call from Boston was from a man from D.C. Barboza 
tells her that the news he received from the two individuals 
was ``tremendous.'' Barboza writes, ``The man in Boston was 
with the guy who wrote the confessions and it turned out 
powerful, too powerful for words in this letter, as to the 
other call it was powerful too, I suggest you get up here 
somehow. If you don't tomorrow because in two weeks I'll be 
gone I won't know for sure till Friday. The news today I 
received was so far out, I am in a trance over it! I am going 
to have to write the Codfish and see if I can get him up here 
as soon as he can [sic] it is rather urgent. If he doesn't come 
up here than [sic] I'll know he is purposely avoiding me for an 
avid reason.'' \502\

    8-22-72: In a letter from Joseph Barboza to Dennis Condon 
and Edward ``Ted'' Harrington, Barboza states, ``But the fear 
of others concern is the [Romeo] Martin case, and Stewart's 
police report to Jerry [Angiulo] on the [Edward ``Teddy''] 
Deegan matter[.]'' \503\

    8-23-72: Joseph Barboza sends a letter to Special Agent 
Dennis Condon in Boston.\504\

    8-24-72: Joseph Barboza sends a letter to Edward ``Ted'' 
Harrington at Congress Street in Boston.\505\

    8-31-72: A letter from Edward ``Ted'' Harrington to Joseph 
Barboza states, ``Responding to your August 22, 1972, letter. I 
am not only unaware of the contents of Geraway's alleged 
confession, but was even unaware of its very existence. 
However, I am informed that District Attorney Burke is planning 
to use Geraway as a witness against Cassesso for the attempted 
bribe of Geraway, and District Attorney Byrne is still holding 
Geraway in reserve as a witness pending any future legal 
developments in the Deegan case. I would suggest that you might 
consult with your Attorney Miller in California and determine 
whether to file a motion for a new trial in your case based on 
Geraway's newly discovered testimony, depending on your joint 
assessment of its weight. As far as the federal government is 
concerned, it appears that Geraway's allegations relate 
strictly to state matters. As I have previously stated, your 
cooperation with the federal government will be brought to the 
attention of California Parole Authorities at the appropriate 
time.'' A handwritten note at the bottom reads, ``Copy sent to 
D. Condon on 8/31.'' \506\

    9-7-72: A letter from Joseph Barboza to a friend regarding 
Edward ``Ted'' Harrington states, ``I received a letter today 
from one of our big brothers back East. Tell Greg that Ted 
Harrington wrote me and said that Suffolk County DA has Geraway 
who will testify that Ronnie Cassesso tried to bribe him on the 
Deegan case and he told me some other very good news about the 
future. Yes I am going to Washington in December or January. Do 
you want to meet me there[.] [My friend], in that letter from 
back East I got today, the man said the Government would bring 
it to the Parole Board's attention the great service I did the 
government. I should have a lot of people speaking up for me so 
that my chances look much better than average.'' \507\

    9-8-72: Joseph Barboza receives a letter from Edward 
Harrington regarding filing a motion for a new trial.\508\

    9-9-72: Joseph Barboza sends a letter to Edward Harrington, 
replying to Harrington's letter of September 8, 1972.\509\

    9-11-72: Montana state prison notes that California asked 
that they place Joseph Barboza in one of its camps ``as quietly 
as possible.'' \510\

    9-15-72: Joseph Barboza sends a letter to Dennis Condon in 
Boston. He also sends a letter to Roy Bedell, Staff 
Investigator for the U.S. House of Representatives Select 
Committee on Crime.\511\

    9-29-72: Joseph Barboza sends a letter to Greg Evans, 
Investigator for the Sonoma County Public Defender's Office. 
The letter is described as ``legal informative.'' \512\

    10-17-72: In a letter from Edward ``Ted'' Harrington to 
Joseph Barboza, Harrington writes, ``[L]ast week the District 
Attorney of Norfolk County returned an indictment against 
Ronald Cassesso and his aunt in the attempt to bribe you with 
respect to your testimony in the Deegan murder case. Geraway 
was the state's witness in this matter. It would appear that 
Geraway is again cooperating with state authorities and you 
might consider whether his testimony would be of value in your 
own case.'' \513\

    10-27-72: Joseph Barboza's personal property is transferred 
to Folsom State Prison in California from Eel River 
Conservation Camp #31. An item listed in the property transfer 
receipt includes an RCA 2-Track Tape Player. An item listed on 
Barboza's Inmate Property Card includes one Trial 
Transcript.\514\

    10-30-72: Joseph Barboza is transferred to Montana State 
Prison in Deer Lodge, Montana. Items listed as Barboza's 
personal property include: one RCA cassette recorder, three 
cassette tapes and one legal trial transcript. The clothing 
receipt form indicates that the prison received from Barboza 
one RCA cassette recorder and four cassette tapes and turned 
them over to the store. A shipping order indicates that Barboza 
requested that all his personal clothing in the possession of 
the institution, which most likely includes all of the items 
listed on the clothing receipt form, be sent to his friend in 
San Francisco, California.\515\

    11-1-72: Joseph Barboza writes in a letter to a friend: 
``[Greg Evans] will convey to you some information he is trying 
to seek from the head of the Federal Task Force Ted Harrington 
in regards to Counter Part and Massachusetts this is very 
important! I hope Greg told you what he is doing for me and 
gave you the info he gave me at Folsom!!!!'' \516\

    11-2-72: Joseph Barboza requests the following people be 
allowed to visit and correspond with him in Montana State 
Prison: Ted Sharliss and his wife; Greg Evans; Edward 
Harrington; and Dennis Condon.\517\

    A letter from Joseph Barboza to a friend regarding Edward 
``Ted'' Harrington states, ``Did you send Greg a photo stat of 
that news clipping? Tell him to send you the letter from Ted 
Harrington and make sure he photo stated a copy for himself! 
Also to inform you about the answer he received from Boston 
regarding Nepco's hold, ask him to explain that to you.'' \518\

    11-3-72: Joseph Barboza sends a close friend four cassette 
tapes and a recorder.\519\

    11-9-72: Joseph Barboza writes a letter to a friend 
regarding his book stating, ``You did not tell me what you 
thought about what Patterson wrote so far. How is [it]? I would 
like a copy right away. Also who did Paterson see back East--
Colonel Stone? Harrington? Condon? Doyle? Who besides Brandt?'' 
\520\

    11-13-72: Joseph Barboza's letter to a friend regarding his 
belongings states, ``So you haven't gotten my belongings yet 
that I sent you. Well you will and please list what was sent 
you, I have my reasons. Give the Greek back his electric razor, 
I never used it. Give the pants and white shirt to some stumble 
bum, Folsom gave me those to wear! Blah! Keep the yellow jacket 
and blue one. Here is a clipping my brother sent me, I am 
inserting the clipping with this letter.'' Barboza also 
explains that ``the part of the manuscript that was stolen was 
the part that I gave Ted that was typed up, I do not have the 
rest, that was handwritten because I gave it to you through Ted 
to type up. I also have the same amount hand written in a vault 
in Washington, D.C.'' Later he also tells the friend that 
``I've now wrote to Coyle in Sacramento, Greg, Bodell in Wash., 
Harrington in Boston, Colonel Stone in Rhode Island, let's see 
if I get any news. I am most anxious to hear what Doubleday's 
offer was since they have had the book 1 week now.'' \521\

    11-14-72: Greg Evans, investigator for the Sonoma County 
Public Defender's Office, requests permission from the Montana 
State Prison to correspond with Barboza.\522\

    11-15-72: In a letter to Greg Evans, Joseph Barboza writes 
that he received a letter from Edward ``Ted'' Harrington the 
previous day. Barboza states, ``He'll tell you what he actually 
means by calling him.'' \523\

    11-16-72: A letter from Joseph Barboza to a close friend 
states, ``Who are these friends of Ted's that he [h]as told 
about me and who is this Harry that g[a]ve you a late call, I 
want [h]is last name. I have my reasons. Forget about the call 
to Bedell, I'll handle it myself. I mean this and I want to 
hear no more about it. . . . You mentioned a blurb by some Dude 
from back East. WHAT DUDE? Ted [Sharliss's] friends and the 
cops were concerned that if something hot was going to happen 
at the Hosp. What friends [h]as he been talking to? And what 
[h]as he been telling them? I suspect what added to the cause 
of me being here is what he says on his phone. I don't want him 
mentioning my name on his phone and to be introducing you to 
people as my friend like white guy with the rings. I am 
trembling right now because I have been called a liar, and also 
a lot of crap is going on out there that is making me sick to 
my stomach! Patterson, his misses and all those so called 
righteous citizens who look down their noses at me because they 
consider themselves true citizens of society. They sure are and 
they stink! All trying to take their best shot because of the 
money involved in the Book. [H]as it ever dawned on you that 
the most Ted ever did for me concerns the Book where he has an 
end, everything else he [h]as stalled and lied about. Everybody 
has a price tag, well I don't and I am sick of the Book and 
you'll hear how sick I am of the book very shortly by what I am 
going to do!'' \524\

    11-21-72: (Mrs. Joseph Barboza) requests permission from 
the Montana State Prison to correspond with Barboza. She lists 
her address as ``To Special Agent Dennis Condon--FBI Bldg. 
Boston, MA.'' As her character references, Mrs. Barboza lists 
Dennis Condon and Edward Harrington.\525\

    12-5-72: Regina Sharliss, wife of Ted Sharliss, requests 
permission from the Montana State Prison to correspond with 
Joseph Barboza. As a character reference, Regina Sharliss lists 
FBI Special Agent Bernard Feeney in the San Francisco 
Office.\526\

    12-12-72: Joseph Barboza's letter to a friend states that 
he has ``[g]ot a feeling nothing will get off the ground on 
this Book till at least Feb. Looks like the powers to be are 
having their way. Just so happens a court matter concerning the 
Deegan murder and those convicted come up about that time.'' 
Barboza also directs his friend to call Edward ``Ted'' 
Harrington at 617-223-3390.\527\

    12-13-72: A letter from Joseph Barboza to a friend states, 
``I wrote Greg Castnite and told him to call you concerning the 
incident I had here and that you would tell him. Lets hope he 
calls Honey. I'll be sending you back the manuscript within the 
next couple of days. I'll send it to the office I don't like 
the idea of it laying in your mail box all day. Well tomorrow 
will be 1 year ago I was sentenced, also I waited 15 months for 
trial, that is 27 months, also another 3 months in jail back 
East that's 30 months I have been in. When I see the Parole 
Board in May I'll have 35 months in and in our jurisprudent 
society only 17 months will count. Now if it happened in 
Montana I would fully understand this thought of thinking. 
Smile. I just missed by something like 80 days when the law 
went into effect after I got sentenced, in March 1st 1972 and 
law passed granting all jail time awaiting trial would count, 
only to March 1st, it was not retroactive preceding that. But 
letters were written to Sacramento by Marteen Miller and 
letters from Sacramento stated that they would consider very 
seriously those additional 15 months when determining my 
parole. I found this out while I was at Folsom [.] This year 
I've spent from the Santa Rosa Jail, to Vacaville, to 
Tehachapie, to Wash., to Folsom, to Eel River to here. Of all 
of them, this is the worse situation I've been in. . . . I do 
want Ted Harrington and Colonel Stone to add something to the 
Book; they know what they are talking about. Give Patterson, 
Harrington's telephone number and tell him to call him for a 
statement, and Colonel Stone. These two people especially Stone 
are well known in New England. It will enhance the sale of the 
Book around there. Get this [my friend], its your book too!!'' 
\528\

    12-14-72: Francis ``Frank'' Salemme is apprehended in New 
York City by FBI Special Agent John Connolly. (Commonwealth v. 
Salemme, 323 N.E. 2d 922 (1975).\529\

    A letter from Joseph Barboza to a close friend states, ``I 
wrote to Ted Harrington and asked him to write something like 
Claude Pepper did. I am sure if he does it will be much better 
and much more knowledgeable! I am sure he will. Got to keep 
plugging Honey, if we are going to get this thing done right.'' 
\530\

    12-21-72: Special Agent John Connolly is recommended to 
receive a group incentive award for his effort in identifying 
Francis ``Frank'' Salemme, a badly wanted fugitive, whom 
Connolly and two other agents ``observed walking on a street in 
New York City.'' \531\

    12-26-72: Joseph Barboza's letter to a close friend states, 
``Well, it looks like the book [h]as to be shelved until I get 
home. I am not going to say anything more about it. A lot of 
plans have to be postponed until I do get the Book going. But 
time will work itself out. I'll be coming out broke so we'll 
have to plan and adjust to it until I get his Book going on my 
own. . . . Yes, the same guy named Geraway who testified 
against me in Santa Rosa and who later wrote that he was bribed 
to do it, is testifying against some people convicted in the 
Deegan trial, who bribed him and told him to say that I told 
him I lied on the Deegan trial.'' \532\

    12-27-72: Edward ``Ted'' Harrington informs Joseph Barboza 
by letter: ``I will be very happy to meet with your ghost 
writer and provide him background on you and your dealings with 
the organization here in New England and your significance as 
the first government witness to testify against the 
organization in this area. . . . I will be quite happy to write 
some remarks in the preface extolling your contribution to law 
enforcement in the organized crime field.'' \533\

                                  1973

    1973: Joseph Barboza submits lists of people with whom he 
has correspondence privileges at the Montana State Prison in 
Deer Lodge, Montana, including Edward ``Ted'' Harrington, 
Dennis Condon, Greg Evans, a friend, and his wife. His wife is 
listed in the care of FBI Special Agent Dennis Condon.\534\

    Vincent Teresa writes in his book, My Life in the Mafia, 
the following about Joseph Salvati: ``One of the first to go 
was a guy named Edward Teddy Deegan. Deegan was with the 
McLaughlin group. He and two of his friends, Harold Hannon and 
Wilfred Delaney, had been holding up some of [Jerry] Angiulos' 
bookmakers, and it was costing the Office a lot of money. . . . 
On March 12,1965, Barboza hit him on orders from Pete Limone, 
Angiulo's right arm. . . . There was one bad thing about that 
hit. Two guys went to jail for murder that had nothing to do 
with setting it up: [Henry] Tameleo and Joe the Horse Salvucci 
[sic][.] . . . Tameleo didn't authorize the hit. Barboza said 
Tameleo did, but that wasn't true, according to Tameleo. 
Tameleo said he found out about it the next morning when he 
read it in a newspaper. I don't know if he was telling the 
truth, but I guess in a way it's justice. Tameleo set up a lot 
of other people and got away with it. The guy I really feel 
sorry for is Joe the Horse. He wasn't a bad guy, and he was 
just a flunky. What Barboza did wasn't right. After that, 
Barboza became the top gun for the McLeans and the Office. He 
handled more hits than any one guy during the war. On October 
20, 1965, he and Chico [Joseph] Amico caught Punchy McLaughlin 
alone at the Spring Street Metropolitan Transit Authority turn-
around in West Roxbury. Punchy had been shot twice before 
during the war, in November 1964 and in August 1965, but he'd 
survived both. He didn't survive this one. Barboza cut him down 
for good.'' \535\

    Vincent Teresa also writes that Barboza ``handled more than 
twenty-three murders, most of them on his own--I mean, they 
weren't ordered by the Office. Romeo Martin is a typical 
example of what I mean.'' Regarding the Romeo Martin murder, 
Teresa says, ``This was in 1965 [sic--1966], in July. I'd been 
out all day with Castucci and Romeo playing golf. Romeo was 
planning to leave for Florida the next day with his wife. He'd 
just gotten married and was going to Florida for sort of a 
honeymoon. After we'd played golf, I told Romeo to come over to 
the Ebbtide for a steak dinner and a couple of drinks. While 
we're talking, he said that he and Barboza, after busting up a 
club, had had an argument. He said he'd shaken the owner down 
for more money than he was supposed to and had held out on 
Barboza. Barboza had found out and threatened to kill him. . . 
. When he went outside, Barboza and Cassesso were waiting for 
him. They grabbed him. Took him someplace, and pumped five 
slugs into him before dumping his body. When the cops found 
him, [Henry] Tameleo blew his top at me. . . . [H]e said[,] Why 
didn't you get a hold of Joe and stop it?' . . . [I responded,] 
Christ, Henry [Tameleo], they were supposed to be friends. Who 
knows this animal is going to kill him? That's how treacherous 
Barboza was. The slightest thing, the slightest word and he'd 
want to kill you.'' \536\

    Teresa also comments that ``Barboza was a stone killer with 
a terrible temper.'' \537\

    Vincent Teresa writes in his book, My Life In The Mafia, 
the following: ``McLean had his own mob, but he had some 
friends that worked on the fringes with the Office, like Joe 
Barboza, Steve [The Rifleman] Flemmi, and his brother, Vinnie 
the Butcher [Vincent ``Jimmy'' Flemmi]. Vinnie got that 
nickname because he got his kicks out of cutting his victims 
up.'' \538\

    Vincent Teresa writes in his book, My Life In The Mafia, 
the following: ``Barboza went into the club [searching for a 
member of the McLaughin mob named Ray DiStasio] and caught 
DiStasio cold. The trouble was, a poor slob named John B. 
O'Neil, who had a bunch of kids, walked in to get a pack of 
cigarettes. Barboza killed them both because he didn't want any 
witnesses. DiStasio got two in the back of the head and O'Neil 
got three. It was a shame. I mean, this O'Neil was a family 
man--he had nothing to do with the mob. Barboza should have 
waited. That's why he was so dangerous. He was unpredictable. 
When he tasted blood, everyone in his way got it.'' \539\

    Vincent Teresa writes in his book, My Life In The Mafia, 
the following: ``Then there was one by Vinnie the Butcher. He 
killed a guy called Francis Regis Benjamin was a holdup artist 
who was also a friend of some of the McLaughlin mob. Anyhow, 
Vinnie and Benjamin got into an argument at Walter's Lounge. 
The Butcher got a hold of a gun--it was a cop's gun--and shot 
Benjamin. He took the body out to a housing project in South 
Boston, cut the head off, and cut up the rest of the body.'' 
\540\

    Vincent Teresa writes in his book, My Life In The Mafia, 
that Barboza went to Joseph Francione's apartment as a favor 
for his friend, Johnny Bullets. Francione had cut Bullets out 
of a deal, so Barboza shot Francione through the back of the 
head.\541\

    Vincent Teresa writes in his book, My Life In The Mafia, 
that ``Barboza and Chico Amico knew Hughes and Lindenbaum were 
heading for Lawrence to take over some numbers and lottery 
action'' and ``dropped Hughes and Lindenbaum right in their 
seats.'' \542\

    Vincent Teresa writes in his book, My Life In The Mafia, 
that Barboza was not a made member and he did not ``live by the 
same rules that made people do.'' He further stated that 
``[Barboza] killed for the hell of it whenever he lost his 
temper.'' \543\

    Vincent Teresa writes in his book, My Life In The Mafia, 
the following: ``In 1962 the Federal Bureau of Investigation 
slipped an illegal electronic bug into [Raymond Patriarca's] 
office on Atwells Avenue in Providence. Between 1962 and 1965, 
the FBI listened daily to Patriarca's conversations with such 
men as Henry Tameleo and Vincent Teresa. And on October 6, 
1966, the mortal blow was struck. It was on that date that 
Joseph (The Animal) Barboza and three colleagues were arrested 
by police in the heart of Boston. In Barboza's car, police 
found a fully loaded Army M-1 rifle and a .45 caliber pistol. 
The law then began applying a squeeze that was to force 
Patriarca to make fatal mistakes. Barboza was a violent, 
uncontrollable enforcer [.]'' \544\

    Vincent Teresa writes in his book, My Life In The Mafia, 
that the story that has been going around about the two 
individuals, Thomas DePrisco and Tashe [Arthur] Bratsos, who 
supposedly raised seventy thousand dollars for Barboza's bail, 
was not true. According to Teresa, DePrisco and Bratsos went 
all over Boston shaking down bookies and nightclubs to raise 
the bail Barboza needed. The last place they went on the 
shakedown trail was the 416 Lounge, also called the Nite Lite 
Cafe. They entered the Lounge like ``Gangbusters'' and asked 
for money to help Barboza out. The patrons, who included Larry 
Baiona, [sic] Ralphie Chong, Joe Black, and Phil Waggenheim, 
refused to help. DePrisco and Bratsos then proceeded to hold 
them up with a gun and demanded them to empty their pockets, 
stating, ``We'll take what we want.'' DePrisco and Bratsos were 
then killed and ``the mob took [only $12,000] from their 
pockets,'' not [$70,000]. Teresa continues, ``Now what Baiona, 
[sic] Chong and Waggenheim didn't know was that there was a 
police informer in the place, a guy by the name of Joe Lanzi. 
He was a bartender and part-time owner of the Four Corners bar 
and he was in the joint at the time Bratsos and DePrisco came 
barging in.'' Teresa further states, ``Then on April 18, 1967, 
they caught up with the informer, Lanzi. Three of [Jerry] 
Angiulo's enforcers--Benjamin DeChristoforo, Carmine Gagliardi, 
and Frank Oreto--were driving through Medford at four in the 
morning. In the front seat of their car was Lanzi, who they'd 
just shot.'' Once Barboza heard about what was going on, ``He 
got a message to Chico [Joseph] Amico, who was his closest 
friend, and gave him orders to whack out Waggenheim. The mob 
found out, and they hit Chico right outside Alfonso's Broken 
Hearts Club, where he'd been trying to put an arm on some 
people to help Barboza. Barboza went wild when he heard what 
happened. He called Patriarca a fag, and he promised he'd hit 
everyone in sight for killing Chico. . . . [Henry] Tameleo 
said, `[G]o see Butch [Frank Miceli of the New Jersey 
assassination squad] and get a supply of shotguns and rifles. 
Barboza's got to get hit.'' Teresa also writes, ``It wasn't 
long after that that Barboza found out he was going to be 
killed. I guess [District Attorney] Byrne told him, and two FBI 
agents who were working on him, Paul Rico and Dennis Condon, 
told him. They convinced him that Patriarca had double-crossed 
him and was going to have him killed. Barboza was frantic. He 
didn't want to die, and he didn't want to be an informer. He 
hated informers.'' \545\

    Vincent Teresa writes in his book, My Life In The Mafia, 
that Raymond Patriarca told him and Henry Tameleo that Joseph 
Barboza is ``gonna get killed in or out of the can.'' Patriarca 
continued, ``You send the word to him--and that's all there is 
to it.'' \546\

    Vincent Teresa writes in his book, My Life In The Mafia, 
that after he listened to Raymond Patriarca's tirade regarding 
Joseph Barboza, Teresa told Barboza's friend Al that Patriarca 
said, ``[W]herever [Barboza] is, he's gonna get it. That's all 
I can tell you. Now you can tell Joe.'' According to Teresa, 
``About a week later the FBI agents met with Barboza again, and 
he began talking. What the hell could the guy do? Patriarca had 
shoved his back to the wall. It was the dumbest play Patriarca 
ever made. If he'd done what [Henry] Tameleo wanted him to do--
convinced Barboza everything was forgiven and then, when he got 
out of jail, whacked him, there wouldn't have been any trouble. 
But when Barboza started talking, there was hell to pay. First 
Barboza claimed that Patriarca, Tameleo and Ronnie Cassesso had 
conspired with him to kill Willie Marfeo. That was true.'' As a 
result of Barboza's testimony, ``They were all convicted, even 
though the actual murder was handled by the New Jersey 
assassination squad. Barboza wasn't through talking, though. He 
accused Tameleo, Cassesso, Roy French [an Angiulo enforcer], 
Lou Grieco [sic], Pete Limone, and Joe the Horse Salvucci [sic] 
of planning and carrying out the Teddy Deegan murder. I told 
you before how that was done. . . . I still don't think Tameleo 
was in on that one. . . . Joe the Horse was just an innocent 
sucker who Barboza didn't like, but he's doing life because of 
what Barboza said. He never had anything to do with the hit.'' 
\547\

    Vincent Teresa writes in his book, My Life In The Mafia, 
the following regarding Barboza's involvement in the Witness 
Protection Program: ``The FBI, unable to handle the job alone, 
called in an elite, trusted contingent of sixteen deputy U.S. 
marshals, headed by Deputy Marshal John Partington, an 
experienced law officer with the highest credentials. For the 
next sixteen months, the marshals would have the task of living 
with Barboza and his family, keeping them safe and in a proper 
frame of mind for the trials that were to come. During those 
sixteen months, Hoover would often call personally to determine 
how the Barboza protection detail was progressing and what 
problems were faced.'' \548\

    Vincent Teresa writes in his book, My Life In The Mafia, 
the following regarding John Partington of the U.S. Marshal's 
Service: ``Partington was the man in charge of 95 percent of 
all the protection details the deputies moved me on, whether it 
was to New England or Florida, New York or Washington. He's 
what they call a security specialist, and there are only ten 
like him in the country. He headed the detail that protected 
Joe Barboza long before the federal government ever came up 
with the Witness Protection Program. He lived for sixteen 
months with Barboza, day and night. . . . He's protected every 
top mob witness from Barboza to [John] Red Kelley to me and 
Bobby Daddieco as well as scores of others.'' \549\

    1-14-73: Joseph Barboza's letter to Greg Evans states that 
he received a few letters from Edward Harrington and that he 
also received a phone call from Congressional lawyer Chris 
Nolde. He also writes that he received a couple of letters from 
Roy Bedell.\550\

    1-19-73: In a letter from Edward ``Ted'' Harrington to 
Joseph Barboza, Harrington lists 57 individuals who are either 
killed or missing. Harrington provides the information because 
it ``might be valuable to [Barboza] in the preparation of [his] 
book.'' \551\

    2-7-73: Edward Harrington requests permission from the 
Montana State Prison to correspond with Joseph Barboza. 
Harrington lists John Kehoe and Garrett Byrne as his character 
references. Harrington states that he has known Barboza for six 
years, since 1967. Harrington lists his occupation as Criminal 
Attorney for the Department of Justice and his address as 
Washington, DC.\552\

    2-20-73: FBI Special Agent John J. Connolly, Jr., is 
assigned to the Boston FBI Office, where he stays until 
December 1990.\553\

    2-27-73: Edward ``Ted'' Harrington writes in a letter to 
Joseph Barboza: ``Even though I am going to be in private 
practice, do not hesitate to ask me for my assistance to aid 
you in obtaining a better life in the future.'' \554\

    3-15-73: In a letter from Barboza's friend to Edward 
``Ted'' Harrington, Barboza's friend writes, ``On March 8th, 
Joe [Barboza] had a visit from a Bill Terry of the FBI who 
questioned Joe about the stocks and bonds. After a long 
conversation, he was asked that should a trial come up 
concerning the bonds, would Joe testify. Joe had told him he 
would have to check with you.'' \555\

    3-18-73: In a letter to Greg Evans, Joseph Barboza states 
that he was disappointed Marteen Miller and Edward ``Ted'' 
Harrington would not be able to appear before the Parole Board 
on his behalf. He further says that ``the FBI came here to see 
me on the stocks and bonds[.]'' Barboza also indicates, ``There 
is also a Washington D.C. report in the files concerning an 
investigation made on Geraway.'' He also states that ``Ted H. 
is leaving the Dept. at the end of this month. That's another 
setback for me when I see the Board.'' \556\

    3-20-73: In a letter from Ted Harrington to the California 
Board of Parole, Harrington brings Barboza's cooperation with 
the U.S. Government to the Board's attention. Harrington 
further states that one of the reasons John J. ``Red'' Kelley 
and Vincent Teresa cooperated as government witnesses was 
because Barboza broke the ``code of silence'' and survived the 
underworld's reprisal.\557\

    3-21-73: Joseph Barboza's letter to Greg Evans indicates 
that Colonel Stone promised Barboza a letter. He requests that 
Evans ask Edward ``Ted'' Harrington to ask Stone about the 
letter. He also indicates that Roy Bedell was going to write a 
letter and ``submit his investigative findings and report 
concerning Geraway[.]'' \558\

    3-28-73: Edward ``Ted'' Harrington's letter to Joseph 
Barboza states, ``I have written to the California Board of 
Parole advising them of your contribution to the federal effort 
against organized crime and asking the Board to take it into 
consideration when deeming whether to grant you parole. . . . 
Because it would constitute a conflict of interest under 
federal law, I will be unable to be your attorney with respect 
to negotiations over your book; but be assured that I will do 
what I can to aid you in getting your book published. I am in 
the process of speaking with all those whom you requested in 
order that they might also send letters to the Parole Board in 
your behalf.'' \559\

    4-16-73: A letter from Alice Darr, California Department of 
Corrections, to Roger W. Crist, Warden of Montana State Prison, 
reads, ``On March 13, 1973, I requested a progress report as 
Mr. Bentley's case is scheduled for review by the California 
Adult Authority sometime during the week of April 30, 1973.'' 
\560\

    4-19-73: A letter from Glen Darty, Florida State Attorney 
to William Geraway acknowledges Geraway's appearance as a 
voluntary witness for the State of Florida during the 1967 
murder trial State v. John Sweet.\561\

    5-9-73: A letter from the Records Officer of the California 
State Prison at Folsom to the Warden at the Deer Lodge, Montana 
State Prison states that Joseph Barboza's case ``was reviewed 
by the California Adult Authority on April 30, 1973, and was 
referred to their Administrative Officer, Joseph Spangler, to 
prepare a request to the Montana Parole Authorities to conduct 
a parole hearing. You should be hearing from Mr. Spangler in 
the near future.'' \562\

    5-14-73: Joseph Barboza writes in a letter to Greg Evans 
that Roy Bedell was investigating William Geraway. Barboza 
states, ``I gather his cooperation will include his findings of 
Mr. Geraway.'' \563\

    5-24-73: In a letter from Joseph Barboza to Greg Evans, 
Barboza tells Evans that he does not understand why the State 
of Montana will make the parole decision. Barboza writes, ``Ted 
Harrington said he definitely would come if I wanted him and I 
do want him[.]'' \564\

    5-26-73: Joseph Barboza writes to Greg Evans and tells him 
that Edward ``Ted'' Harrington told him in a letter that he 
would appear before the California or Montana Parole Board if 
necessary. Roy Bedell also said he would cooperate.\565\

    6-1-73: Edward F. Harrington writes in a letter to Robert 
Miles, Director of the Parole Board, Montana State Prison at 
Deer Lodge: ``I have been requested by Joseph Bentley, who will 
appear before the Montana Parole Board on June 26, 1973, to 
testify as a witness in his behalf. I am the former Attorney in 
Charge of the Department of Justice's Organized Crime Strike 
Force for New England and am extremely knowledgeable of 
Bentley's contribution to law enforcement in its efforts 
against organized crime. Bentley was the chief federal 
government witness in the prosecution which resulted in the 
conviction of Raymond L. Patriarca . . . Henry Tameleo . . . 
and Ronald Cassesso[.] He was also the chief State of 
Massachusetts witness in the Boston gangland murder trial of 
Edward Deegan . . . which resulted in the conviction of first-
degree murder of six major underworld figures, including . . . 
Joseph Silvati [sic][.] The conviction of Patriarca is 
considered by knowledgeable law enforcement officials to have 
been the most important organized crime case in the history of 
New England law enforcement. Government witnesses John J. `Red' 
Kelley, alleged mastermind of the Plymouth mail robbery, and 
Vincent C. Teresa, who were developed by the United States 
subsequent to Bentley and whose testimony resulted in the 
conviction of many major syndicate leaders in the New England 
area have advised that one of the reasons that they decided to 
cooperate with the federal government was on account of the 
fact that Bentley had first broken the syndicate's `code of 
silence' and had survived the underworld's reprisal. Bentley's 
defection from the organized underworld and his decision to 
become a government witness against his former associates 
constitutes the single most important factor in the success of 
the federal government's campaign against organized crime in 
the New England area. Bentley's significant contribution to law 
enforcement as the pivotal figure in the government's effort to 
combat organized crime should be weighed when his eligibility 
for parole is considered. Please advise me if the appearance of 
witnesses before the Montana Parole Board is in conformity with 
your practices.'' \566\

    6-11-73: The Francis ``Frank'' Salemme trial begins. The 
trial ends on June 15, 1973, with Salemme being convicted. 
(Commonwealth v. Salemme, 323 N.E. 2d 922 (1975)).\567\

    6-13-73: In a memorandum from Gerald E. McDowell, Attorney 
in Charge of the Boston Field Office, to James J. Featherstone, 
Deputy Chief, Organized Crime and Racketeering Section, 
McDowell writes regarding the Parole Hearing for Joseph 
Barboza: ``[I]t is crucial that the Department favorably act 
upon this request. While I have taken a conservative position 
on the matter of Ted's compensation--limiting the request to 
reimbursement of travel expenses and per diem--Ted is in 
private practice and could use the fee.'' According to 
McDowell, since Barboza's parole will probably be denied, it 
needs to be clear to him that his continued incarceration is 
his fault rather than any lack of diligence by the Department 
of Justice to bring the fact of his cooperation to the Board's 
attention. It is best not to give Barboza the impression that 
the Department of Justice has abandoned him in light of the 
fact that La Cosa Nostra (LCN) has continually pressured 
Barboza to change his Edward ``Teddy'' Deegan testimony, in 
order to free major LCN figures. The memorandum continues, 
``While the government has evidence which would eventually 
blunt the LCN attempt to get Barboza to perjure himself, on 
behalf of [Henry] Tameleo and [Peter] Limone,'' this would 
involve us in long, expensive court hearings, which would do no 
good. Ted Harrington is the ``best equipped to represent us in 
a careful responsible manner'' at the hearing since he has 
maintained complete familiarity with Barboza's situation over 
the years.\568\

    William B. Lynch, Chief of the Organized Crime and 
Racketeering Section, writes a memorandum to Henry E. Petersen, 
Assistant Attorney General of the Criminal Division, entitled 
``Recommendation that Ted Harrington be appointed a Special 
Attorney (without compensation) to represent the department at 
parole hearing.'' The memorandum states that Barboza is a 
former government witness and is incarcerated in the Montana 
State Penitentiary. The California authorities transferred him 
to Montana to serve out his sentence since California could not 
guarantee his safety. Barboza is due to have a parole hearing 
soon. Although Barboza will not likely be paroled, ``It is my 
judgment that a representative of the Dept. appear at the 
hearing to give a factual account of Barboza's cooperation in 
state and federal prosecutions against the leaders of New 
England's Organized Crime family[.]'' \569\

    6-19-73: Joseph Barboza writes a letter to Greg Evans 
stating that he received a letter from Roy Bedell on June 18, 
1973. Bedell told Barboza that he was writing a letter on 
Barboza's behalf to California. Barboza says he testified 
before Congress as a favor to ``Colonel Stone who promised 
emphatically to write a letter to the Board for me.'' \570\

    6-22-73: A memorandum from A.J. Mehrens of the Montana 
Board of Pardons to Joseph Barboza states that there is nothing 
in Barboza's file indicating that Joseph Spangler or anyone 
from the California Adult Authority gave Montana permission to 
bring Barboza before the Montana Board of Pardons for parole 
consideration. Further, the memorandum indicates that even if 
Montana receives notification that Barboza is eligible to come 
before the Montana Board, the Montana Board will also have to 
approve his parole.\571\

    6-29-73: A letter from Bobby C. Miles, Director of the 
Montana Board of Pardons, to Joseph Spangler, Administrative 
Officer of the California Adult Authority, ``We have been 
besieged by telephone calls and letters (copies enclosed) 
requesting the Montana Parole Board to hold a parole hearing 
for Mr. Bentley (Barboza). . . . [W]e cannot and will not hear 
his case unless your agency initiates the request under the 
Western Interstate Corrections Compact.'' \572\

    7-16-73: A letter from Raymond Brown, Chairman of the 
California Adult Authority, and written by Joseph A. Spangler, 
Administrative Assistant, to Bobby Miles, Director of the 
Montana Board of Pardons states, ``[Y]ou will be receiving a 
request for your Board to hear [Joseph Barboza] in a parole 
consideration hearing.'' Brown promises to provide the criminal 
and social history of Barboza. He notes that Barboza is a 
fourth termer and was committed less than two years ago for 
second-degree murder. His prior convictions include: robbery by 
force, assault with a deadly weapon, kidnapping, etc. He later 
escaped prison and became involved in attempted auto theft and 
assault with a deadly weapon. The letter states, ``We would 
appreciate your Board granting a hearing to [Barboza] when they 
meet on July 31st or August 1st, which will eliminate the 
necessity for [Barboza] being transferred to California for a 
hearing before the Adult Authority,'' which he is legally 
entitled to under California law.\573\

    7-19-73: A letter from Barboza's friend to Ted Harrington 
states, ``Joe called me last night and informed he will be 
seeing the Parole Board in Montana[.] . . . Joe asked me to get 
hold of you, and to ask you to try and reach John Fitzgerald 
with the news.'' In a postscript, Barboza's friend states that 
she ``[u]nderstand[s] the book is progressing, and that you met 
with Hank [Messick].'' \574\

    7-20-73: The Rhode Island Supreme Court sustains Raymond 
Patriarca's conviction of conspiracy to murder Rudolph Marfeo. 
(State v. Patriarca, 308 A.2d 300 (R.I. 1973)).\575\

    7-24-73: A memorandum from Henry Petersen, Assistant 
Attorney General of the Criminal Division to Attorney General 
Elliot L. Richardson, states in relevant part: ``Barboza is due 
to have a parole hearing before the Montana Board of Pardons, 
Deer Lodge, Montana, on July 31, 1973. . . . The Department has 
had an understanding with Barboza that at such time as he 
becomes eligible for parole, the Department would bring to the 
attention of the authorities the fact of his cooperation with 
the Department of Justice as a witness against major organized 
crime figures in New England. Barboza has requested that Edward 
F. Harrington be the witness at the hearing.'' According to the 
memorandum, Harrington, Rico and Condon were responsible for 
developing Barboza as a successful witness. Barboza probably 
will not be paroled. We will take no position on the 
desirability of his parole. Petersen informs, ``It is important 
that it be clear to Barboza . . . that his continued 
incarceration is his own fault, rather than due to the 
Department's failure to keep its promise to bring the facts of 
his past cooperation to the attention of the Parole Board.'' 
\576\

    7-31-73: The Rhode Island Supreme Court denies Maurice 
``Pro'' Lerner's motion for a new trial and affirms each 
conviction and sentence. State v. Lerner, 308 A.2d 324, 330 
(R.I. 1973).\577\

    At the request of the California Adult Authority, Joseph 
Barboza has a hearing before the Montana Parole Board. The 
Montana Parole Board recommends that Barboza be granted parole. 
The California Adult Authority will now hold its own hearing on 
Barboza's parole request. Edward F. Harrington testifies on 
Barboza's behalf. (The Baron May Get Parole, Press Democrat 
(Santa Rosa, CA), Sept. 4, 1973; Richard Connolly, Baron Asks 
Parole From Life Sentence, Boston Globe, Aug. 30, 1973).\578\

    The Rhode Island Supreme Court affirms the convictions of 
Robert E. Fairbrothers, John Rossi and Rudolph Sciarra. State 
v. Fairbrothers, 112 R.I. 100 (R.I. 1973).\579\

    Joseph Barboza writes a letter to Greg Evans stating, ``How 
can I ever thank you and Marty for what you two and Ted H. did 
for me today. Words can never even begin to express what I 
feel[.] . . . The Parole Board said this is the fastest hearing 
in the history of Montana . . . I didn't even say one word! 
Except thank you and floated out in a dream that I never 
thought would come, truthfully! You, Marty and Ted H. made this 
all come true. Nobody did I ever owe so much to!'' He says he 
and Evans have to speak.\580\

    8-24-73: In a letter to Greg Evans, Joseph Barboza writes 
that Edward ``Ted'' Harrington moved and a letter to him was 
returned. Barboza says it is ``rather important for many 
reasons'' that he contact Harrington. He asks Evans for help in 
achieving this goal.\581\

    8-30-73: The Boston Globe reveals that Joseph Barboza was 
``in protective custody at the State Prison in Deer Lodge, 
Mont. He was moved from a California prison after his life was 
threatened.'' The article also states that Barboza is seeking 
parole from his life sentence. Richard Connolly, Barboza Asks 
Parole From Life Sentence, Boston Globe, Aug. 30, 1973.\582\

    8-31-73: The Boston Herald reveals that Joseph Barboza is 
``in protective custody in Montana.'' (Baron in Parole Plea for 
1970 Cal. Murder, Boston Herald, Aug. 31, 1973; see also Rick 
Foote, Prisoner Fears For Life, Warden Ponders Transfer, 
Montana Standard, Sept. 1, 1973).\583\

    9-6-73: In a letter from Joseph Barboza to Greg Evans, 
Barboza expresses a great deal of self-pity. He says he 
realized he is going back to Folsom State Prison, and states, 
``one week today since the story broke [.]'' [Barboza is 
referring to articles in the Boston Globe, 8-30-73, and the 
Boston Herald, 8-31-73, indicating that he is now in protective 
custody at the state prison in Deer Lodge, Montana. See 8-31-73 
entry.] He also says that he was ``on the brink of realizing my 
goal and I woke up one morning and there it is all gone and 
taken away from me in the form of the newspapers.'' He also 
says that after noting that he will be going back to Folsom, 
``I do realize I must open my case but how I will proceed in my 
case I have not decided yet, I do realize in regards to my 
case, I must make sure that I be my own man. When the case is 
in court and I am on the stand, I will cause a scandal that 
will be nationwide.'' He goes on to say that ``before I do 
start my case I will contact attorney Joseph Balliro, of 
Boston, and have a long interview with him. Through that 
interview I am sure that I will tighten up my defense quite 
considerably. Barboza continues, ``I have never sat down with 
you and told you many things but believe me only one person out 
of all the people back in Boston involved in law did not forget 
me after they reaped in the political gains, security and 
rewards that I caused them so that today as they abandoned me, 
reneged on promises, they leave me alone to fight the revenge 
of the Mafia.'' Barboza later says, ``I am going to pull the 
covers on some very righteous appearing people and believe me 
of all of the words I have ever spoken to you I hold all the 
pieces to cause it!'' Barboza then makes a strong statement 
indicating he will move forward with his plan.\584\

    10-25-73: A letter from Joseph Balliro to the Clark County 
Sheriff's Office states that Francis ``Frank'' Salemme is 
currently incarcerated at Walpole serving a sentence imposed 
several months ago. The letter states that this a formal 
notification of his whereabouts and his demand that he be taken 
to Nevada for trial in connection with the complaint made 
against him for the murder of Peter Poulos. Balliro writes, ``I 
would also call to your attention that the warrant of arrest 
from your County has been lodged against Mr. Salemme here in 
the Commonwealth of Massachusetts since January 31, 1973, and 
that no further action has been taken against him by the State 
of Nevada.'' \585\

    10-26-73: R.E. Coyle from California Department of 
Corrections writes to Joseph Barboza: ``Hopefully, one of these 
days that thick skull of yours will be penetrated and you will 
understand most of us want to make sure you survive so that you 
will once again be a free man. At the present time, I don't 
have any information regarding your California release. . . . I 
note in the letter you say you're very depressed and under 
great pressure.'' \586\

    11-19-73: A letter from Joseph Barboza to Greg Evans states 
that Barboza expresses extreme frustration at not getting out 
of prison. He states, ``When all this fails, I still have a 
case to open up in court. A case that would blow up into a 
proportion and magnitude beyond your wildest imagination.'' 
\587\

    11-26-73: Joseph Barboza's letter to Greg Evans reads, 
``Received a letter from Ted Harrington just recently in which 
he said he wrote Spangler about my case and on my behalf.'' 
\588\

    12-17-73: Joseph Barboza is reportedly involved in an 
incident at the Deer Lodge Prison in Montana where a guard's 
jaw was broken. (The Baron in Prison Fracas, Press Democrat 
(Santa Rosa, CA), Dec. 18, 1973; see also Montana State Prison 
Rule Infraction Report).\589\

                                  1974

    1974: Stephen ``The Rifleman'' Flemmi returns to Boston on 
Special Agent Paul Rico's advice after being a fugitive since 
1969 for the Fitzgerald car bombing. As Rico promised, Flemmi 
was released on bail and the attempted murder charges against 
him were dropped. (U.S. v. Salemme, 91 F.Supp. 2d 141 (D. Mass. 
1999; see also 9-11-69 entry).\590\

    1-2-74: A letter from Barboza's close friend to Ted 
Harrington states in relevant part: ``I'm glad you put me in 
contact with [Hank Messick]. Believe it or not, they are going 
to dedicate the book to you.'' According to Barboza's friend, 
Joseph Barboza has been in touch with his brother to contact 
some people back East, including Dennis Condon. Also, Barboza 
is getting in contact with Joseph Balliro.\591\

    1-9-74: Joseph Barboza writes to a friend: ``Hey baby, This 
is very important! You must write Ted H[arrington], Denny 
[Condon], each in Boston. Then you must write the Attorney 
General Israel marked confidential and personal and also 
Colonel Stone Superintendent of the State Police, State Police 
Headquarters Rhode Island. In each letter that you type to A.G. 
Israel State House Rhode Island and to Colonel Stone do not 
sign your name, but tell them these letters can be verified by 
Ted H[arrington] and FBI Special Agent Denny Condon. Tell them 
I would like to see the 4 of them together before California 
takes any action on my case. I wish to discuss with them about 
Romeo Martin concerning Raymond Patriarca, Jerry Angiulo, Henry 
Tameleo, Ronnie Cassesso and Chico Amico and Bill Stewart. It 
concerns a police report and the Blue Bunny! Then I will wait 
until Ted H[arrington] and Denny contact you and if there is no 
response then I will have a letter sent to the Providence 
Journal and Record American.'' \592\

    1-14-74: A Joseph Barboza letter to a friend states, 
``Honey by now you got those letters concerning Israel [and] 
Stone. I want you to call from Carson's office, and he can put 
Denny [Condon] on the line for you too. Once Israel hears you 
want to talk to Stone on the phone his boss Israel will get him 
for you. I want the 4 together to see me Denny, Ted 
H[arrington], Israel and Stone. This is vitally important if 
you got the other letters I explained what to say to Carson and 
from him to do after all he wouldn't want to obstruct justice 
in a capital case!( [Smiley face in original]. . . . If you 
still don't understand the Israel, Stone, Ted H. Denny matter 
concerning Romeo Martin or didn't get the letter, tell me I'll 
write right away because this is important remember Israel and 
Stone shall not know your name stress it to Carson and for him 
to stress it to Ted H. and Denny not to let Israel or Stone 
know. But don't let them in anyway stop you from delivering 
that message to Israel the A.G. of Rhode Island. Let the ole 
man deal, he knows their games dislikes and horrors after 7 
years I should. . . . Don't take all those legal matters 
lightly, especially blackie and the cover blown, also we still 
haven't heard from Santa Clara still yet. I hope not until we 
get Israel all souped up! Glad to hear Denny wrote you, yes he 
has the most class but has viper blood in him too! . . . So 
glad to hear you disturbed the----so well [blank line in 
original]. Wait till you go in the Romeo and Israel bay! HAH.'' 
\593\

    1-23-74: A memorandum from the Boston Special Agent in 
Charge to the Director of the FBI attaches a ``copy of a letter 
received by SA Dennis M. Condon from a female acquaintance of 
Baron [Barboza] in San Francisco, California[.] . . . A copy of 
this letter has been made available to Attorney Gerald 
McDowell, Boston Strike Force, U.S. Dept. of Justice; Attorney 
Edward F. Harrington, former head of the Strike Force; Attorney 
General Richard Israel, Rhode Island; and Col. Walter Stone, 
Superintendent, Rhode Island State Police, to comply with 
Baron's request re Israel and Stone. Mr. McDowell and Mr. 
Harrington had previously advised that Baron's credibility as a 
witness had been seriously diminished by events that have 
transpired in regard to him since his testimony in Federal and 
State Courts in 1968 and this is also the opinion of 
authorities in the Organized Crime Section of the Justice 
Department at Washington, D.C. . . . Boston sees no useful 
purpose in interview of [Barboza] at this time and events 
referred to by him occurred prior to his testimony in 1968. It 
is felt that this is another effort on part of [Barboza] to 
obtain Government support in bid for parole. Strike Force will 
not consider any future prosecutions based on [Barboza] 
testimony.'' \594\

    1-28-74: A letter from Joseph Barboza to Greg Evans says he 
is in transit back to California because he broke a guard's 
jaw. He also says Special Agents Paul Rico and Dennis Condon, 
along with an FBI agent from Montana, will testify at a new 
trial ``concerning the bonds and stocks.'' \595\

    1-29-74: According to an airtel from the Butte SAC to the 
FBI Director, Joseph Barboza is interviewed at his request by 
the FBI at the Missoula County Jail in Missoula, Montana, where 
he is completing his incarceration for a second-degree murder 
conviction in California. According to the memorandum, ``Baron 
advised that he desired the Justice Department be informed of 
the fact that he is willing to furnish new testimony against 
Raymond Patriarca and his henchmen concerning the murder of 
Romeo Martin, who was shot and killed in July, 1966. He stated 
that his motives for doing this were that he has a grudge 
against Patriarca and his lieutenants and wishes them to remain 
in jail and also because of the fact that Patriarca and the 
`New England Family' have a contract for his death outstanding 
in the amount of $100,000.00.'' Barboza states that Romeo 
Martin was shot and killed for two reasons: First, Martin 
furnished information to Suffolk County, Massachusetts, 
Detective Billy Stewart, who was on Patriarca's payroll, 
concerning the shooting and death of Edward ``Teddy'' Deegan; 
and, Second, prior to providing information regarding the 
Deegan murder, Martin attempted to buy into and control a penny 
arcade in which Patriarca was interested, without advising his 
lieutenant or Patriarca. Barboza claims to have set up Martin, 
with William Geraway's assistance, by advising him by telephone 
that Martin was to meet with Ronald Cassesso and Joseph Dimico. 
Barboza further claims that his ``assignment during [the 
Martin] murder was to drive a back-up car, and immediately 
prior to the meeting, he made the last phone call to Martin 
giving him the time of the meeting and thus setting him up.'' 
Barboza stated that ``the murder was ordered by Raymond 
Patriarca, and the plans for it were formulated by his 
lieutenants, Henry [Tameleo] and Jerry [Angiulo].'' Barboza 
also indicates that he is afraid of being returned to 
California in light of the contract Patriarca has issued for 
him. Barboza also states that he wants Rhode Island Attorney 
General Israel, who was actively investigating the Martin 
murder to receive the foregoing information.\596\

    2-1-74: Joseph Barboza is transferred back to California 
from Montana after striking a prison guard. Barboza is in San 
Quentin, California, by February 2, 1974. (See Airtel Memo from 
SAC, Boston to Director, FBI (Feb. 19, 1974); Airtel Memo from 
SAC, Butte to Director, FBI (Feb. 12, 1974); Letter from Joseph 
Barboza to Greg Evans (Feb. 2, 1974)).\597\

    2-11-74: An airtel from the FBI Director to the SACs in 
Butte and Boston states, ``He now appears to be bargaining for 
a quick release and has furnished information concerning the 
murder of a New England hoodlum, Romeo Martin, July, 1965. 
Baron's [Barboza] information concerning the Martin murder has 
been furnished to Massachusetts officials and they have 
concluded that Baron would not make a credible witness and 
William Geraway, who is presently incarcerated in Massachusetts 
and whom Baron has stated would corroborate his information, is 
also considered by Massachusetts officials as a pathological 
liar. The Boston office sees no useful purpose to be served in 
detailed interviews of Baron at this time, and Butte has been 
so advised by Boston airtel dated 2-5-74.'' \598\

    2-14-74: Lieutenant John S. Regan of the Massachusetts 
State Police and Richard Hoffman, Assistant District Attorney 
at the Norfolk Complex in Massachusetts interview Joseph 
Barboza at San Quentin Prison. (See Airtel from SAC, San 
Francisco, to Director, FBI (Mar. 28, 1974)).\599\ The purpose 
of this interview is to obtain information and possible 
testimony from Barboza against William Geraway regarding the 
murder of David Sidlauskas. Regan and Hoffman believe Geraway 
may have told Barboza about the murder while they were in 
prison at Walpole State Prison. (Airtel from SAC, Boston, to 
Director, FBI, (Feb. 19, 1974)).\600\

    In a letter from Joseph Barboza to Marteen Miller, Barboza 
tells Miller he does not want to testify.\601\

    2-19-74: An memorandum from the Boston SAC to the Director 
of the FBI concerns the veracity of Joseph Barboza's 
information about the Romeo Martin murder. The airtel advises 
that ``Strike Force Head Gerald McDowell, Boston, 
Massachusetts, and Justice Department officials have previously 
indicated they would not proceed with [Barboza] as a major 
witness in future prosecutions as his credibility has been 
diminished by events since 1968.'' Further, ``Attorney General 
Richard Israel, Rhode Island, advised Mr. McDowell he would not 
proceed on any future prosecutions with [Barboza] as a major 
witness.'' Moreover, ``District Attorney Garrett Byrne, Suffolk 
County . . . advised he would not proceed with [Barboza] as a 
major witness in future prosecutions as happenings since 1968 
have detracted from his value as a witness.'' The memo further 
states that ``[Barboza's] information regarding Martin may be 
brought up at this time as another effort to obtain support in 
his bid for parole.'' \602\

    The Boston SAC writes an airtel to the FBI Director 
informing him that William Geraway furnished many affidavits to 
defense lawyers for those convicted on Barboza's testimony in 
an effort to upset the convictions. Geraway's affidavits 
alleged that Barboza told him that he had lied in earlier 
prosecutions.\603\

    An airtel from the Sacramento SAC to the FBI Director 
states that the San Francisco Office will contact logical 
authorities concerning a possible interview with Joseph Barboza 
at San Quentin Prison.\604\

    A letter from Joseph Barboza to Greg Evans states, 
``Somewhere somehow if I have to do this alone I will strive 
with every fibre of my being to get out and if I have to use a 
Boston Criminal Attorney Joe Balliro purely out of satisfaction 
I will & a small Watergate will develop, & Walpole prison doors 
will open.'' \605\

    5-28-74: The Boston Globe reports, ``[Anthony] Stathopoulos 
now says in an affidavit that [Joseph Barboza] Baron told him 
he lied during the trial by omitting the name of a participant 
out of friendship. Boston Police Officer William Stuart in an 
affidavit stated that the late Romeo Martin, one of the alleged 
participants in the Edward ``Teddy'' Deegan slaying, said that 
[Louis] Greco and [Joseph] Salvati were not involved. Writer 
James Southwood, who was planning a book about Baron, said 
Baron told him that Greco was not in the Chelsea alley the 
night Deegan was shot.'' (William F. Doherty, Pair Charge 
Perjury, Seek New Trial in Deegan Killing, Boston Globe, May 
28, 1974).\606\

    6-4-74: fter Joseph Barboza is turned down by the 
California Parole Board, he writes to Marteen Miller asking, 
``Are we ready to do what we should have did [sic] two years 
ago? If it is at all possible to get Greg [Evans] up here and 
tell me what is happening or intended, I would appreciate it.'' 
\607\

    7-19-74: The Boston SAC writes an airtel to the FBI 
Director directed to the attention of Supervisor William A. 
Harwood. The airtel states that Ted Baier, Special Agent, 
California Bureau of Identification and Investigation in 
Sacramento, California, received a telephone call from an 
attorney with the last name of Evans from the Sonoma County 
Public Defender's Office. Evans advised Baier ``that through a 
friend of a friend who is currently incarcerated at Folsom 
State Penitentiary in Folsom, California, [Evans] had received 
a note stating for him to contact'' Baier and tell him that 
Joseph Barboza fears that his life is in danger. Baier advised 
that he did not contact anyone other than the Sacramento 
Division of the FBI.\608\

    9-4-74: The Miami SAC writes an airtel to the FBI Director 
regarding the Top Echelon Criminal Informant School at the FBI 
Academy in Quantico, Virginia, which states the following: 
Although a previous airtel recommended that Miami recommend one 
agent to receive Top Echelon Informant training, the Miami 
office would like to send two qualified experienced agents to 
this training session--SA Francis Pieroni and SA Paul Rico. 
According to the airtel, ``Rico has for years been outstanding 
in the development of Top Echelon Criminal Informants and it is 
felt that his participation in this program would be of value 
not only to the Miami Division, but also his participation in 
this school would be of mutual value to all who attend.'' \609\

    9-23-74: A letter from Raymond C. Brown, Chairman of the 
California Adult Authority to Gerald E. McDowell, Chief 
Attorney of the Organized Crime Strike Force states in relevant 
part: ``I don't know what [Barboza] has indicated to you, but 
he is a most prolific letter writer. He can't keep his mouth 
shut. . . . We are fully aware that if something should happen 
to [Barboza] it might further affect your witness development 
program in the New England area. However, we aren't getting 
much help from [Barboza].'' \610\

    10-24-74: An FBI Memorandum states that some U.S. Attorneys 
at the 1974 National Conference of U.S. Attorneys expressed a 
belief that the FBI was overly protective of their informants 
and that every effort was made so that informants would not be 
prosecuted so that the informants would continue to provide 
intelligence information. Furthermore, some of the U.S. 
Attorneys apparently believe that the FBI wants the informants 
to avoid prosecution so that the informant would advance in the 
hierarchy of organized crime and become a greater value to the 
FBI's investigations. In the FBI's defense, the memorandum 
states that these suggestions were false and that it has long 
been an established practice of the FBI to apprise the 
informant that it will not approve any criminal activity by the 
informant and will support prosecution of any such 
violations.\611\

    11-13-74: The William Bennett murder charges against 
Stephen Flemmi are dismissed, as they had already been against 
Francis ``Frank'' Salemme. (United States v. Salemme, 91 
F.Supp. 2d 141 (D. Mass. 1999)).\612\

                                  1975

    1975: Vincent Teresa writes in his book, Vinnie Teresa's 
Mafia, that he is ``responsible for putting fifty guys away in 
trials and maybe another three hundred guys because of 
information I gave to police in various states.'' (p.4). He 
further states that ``right now . . . there are more than seven 
hundred guys under federal protection. All of them have 
squealed on the mob. They're talking because the government is 
providing them with something that they can't get anymore from 
their own: protection, real protection.'' (p.107-08).\613\

    Vincent Teresa writes in his book, Vinnie Teresa's Mafia, 
that ``the only guy who had the guts to say it was all up to 
me, that I had no obligation to [testify in a case in Newark 
since I fulfilled all my promises or] do any more if I didn't 
want to, was Ted Harrington.'' (p.33).\614\

    Vincent Teresa writes in his book, Vinnie Teresa's Mafia, 
the following regarding Claude Pepper's congressional committee 
and the committee's hearing on horse race fixing: ``That 
committee didn't know what time of day it was. [T]hey had Joe 
Barboza testify about fixing races, and Joe never fixed a race 
in his life. He was an enforcer, a mob assassin, not a 
moneymover.'' (p.47).\615\

    Vincent Teresa writes in his book, Vinnie Teresa's Mafia, 
the following regarding bugging devices: ``Another thing that 
has shaken the mob real bad has been bugs [the electronic 
listening devices that the FBI placed on mafia bosses around 
the country]. That really hurt. A lot of secrets became common 
knowledge to the FBI. . . . I remember when Raymond learned 
he'd been bugged. He was half out of his mind to think it could 
happen to him. He blamed everybody but himself[.]'' (p. 
101).\616\

    Vincent Teresa writes in his book, Vinnie Teresa's Mafia, 
the following regarding Joseph Barboza: ``Take Joe Barboza. He 
was one of the toughest enforcers around in New England before 
he became a federal informer. He had a reputation on the street 
of being a violent, violent guy with a terrible temper. The 
cops were afraid of him, street people were scared of him, even 
me--as close as I was to the guy, I'd never so much as cross a 
bridge alone with him in a car. You never knew what would set 
the guy off. There was one incident I remember in particular 
involving Joe. This happened on Bennington Street in East 
Boston. It was about one in the afternoon, and I was standing 
on the corner. Barboza was in a car with Guy Frizzi, a street 
guy that Joe was close with at the time. They were driving 
along Bennington Street when some poor guy with his wife and 
two little kids cut Barboza off by accident. Joe went wild. He 
started chasing this guy, blowing the horn and yelling out the 
window: `You mother . . . you son-of-a-bitch . . . I'll get 
you[.]' Finally, Joe caught up with the guy and cut him off. 
The driver was smart enough to lock all his windows and doors. 
Barboza and Frizzi pounded on the windows and then jumped up on 
the hood of this guy's car, smashing at the windshield. At the 
same time Barboza was yelling nasty things he planned to do to 
the guy's wife. I remember seeing the poor little kids, crying 
their eyes out, hanging on to their father while their mother 
is screaming her head off. Now, while all this was happening, 
there was a cop standing on a nearby corner, just watching. 
Finally, the cop turned away and walked down the street. He was 
scared to death of Barboza himself. Joe wasn't through though. 
He ran back to his car and got out a baseball bat and started 
pounding on the car. He smashed the fenders, the windows, 
everything. He almost destroyed the car before some cops 
finally came over and tried to calm Joe down. While they were 
trying to cool Joe, they told this poor driver who's sitting 
there in his smashed-up car to get the hell out of the area 
fast and forget about the damage. I was standing there all the 
time watching it, laughing my head off. At the time it was 
funny. Now I think back and it ain't so funny. The driver would 
have been killed if Joe had got his hands on him, and all 
because he accidentally cut Joe off in traffic.'' (p.111-
113).\617\

    Vincent Teresa writes in his book, Vinnie Teresa's Mafia, 
that Louis Greco had an ongoing feud with Benny Zinna and, in 
fact, attempted to kill Benny Zinna by firing two shots at him. 
He further states that ``Grieco [sic] himself was a vicious, 
vicious guy. He was always losing his temper. He was six-two, 
weighed about two twenty, and he had hands on him like Virginia 
hams. He could kill you with his bare hands. He never had to do 
much fighting because everyone was afraid to tangle with him. 
He was a bumbling idiot and he had a gimp. His close friends 
used to call him The Gimp, but nobody else dared. Grieco [sic] 
had feuds with a lot of guys.'' (p.119-122).\618\

    Vincent Teresa writes in his book, Vinnie Teresa's Mafia, 
the following regarding an IRS agent: ``There was one guy in 
particular in New England who was a big [Internal] Revenue 
[Service] hotshot. He was way up the ladder. He was supposed to 
be a big racketbuster while he was on the street. He'd hit the 
after-hours joints, the gambling spots. He made all kinds of 
noise. The only thing that no one knew was when he was going to 
raid the Coliseum; he used to call Nick Giso up. `Hey, Nicky,' 
he'd say. Sure enough, he'd come busting in and they wouldn't 
find a thing. He tipped a lot of the boys off when he was 
raiding them. Sometimes they'd have stand-ins there to take a 
bust to make it look good. Then he got out of the IRS. That's 
when he started making really big money. He had a lot of 
connections with IRS bosses, and he had the confidence of the 
mob. He could fix almost anything.'' (p.145-146 ). (See also 8-
14-62 entry).\619\

    1-3-75: In a letter from Joseph Barboza to William Lynch, 
attorney for the Organized Crime Section of the Criminal 
Division, Barboza discusses how the Mafia sent Lawrence Hughes 
to testify against Barboza in the Clay Wilson trial. He further 
explains that he killed Clay Wilson in self-defense. Barboza 
also states, ``My public defender attorney advised me at the 
end of the [Clay Wilson] trial to plead guilty to 2nd degree. I 
did so disgruntly [sic]. The next day newspaper headliners read 
`Too Late for Baron--a Hung Jury.' If you want to know why my 
attorney advised me to plead guilty ask Ted Harrington, it was 
a political pressure move, and I got caught up in it again.'' 
Barboza also stated that he ``came up with the idea that I'd 
play games with the Mafia by going back there and leading them 
to believe I would recant my testimony for the right price[.] 
[B]y doing that I could stop any danger happening to my wife 
and children. . . . I would leave and leave the Mafia 
hanging.'' At the end of the letter, Barboza pleads with Lynch, 
asking him for ``help in that I see the parole board in May'' 
and ``if I am released that the Gov't would still be interested 
enough to help me with redacted. . . . I turn to you at the 
advise [sic] of FBI Agent Dennis Condon. Will you help beat 
this Mafia revenge?'' \620\

    3-7-75: A letter from John C. Keeney, Acting Assistant 
Attorney General, Criminal Division, to Joseph Barboza states 
in relevant part: ``Your subsequent conviction of a most 
serious offense precludes our making a commitment to you at 
this time to render to you any additional assistance 
whatsoever. At such time as your release from confinement is 
imminent and upon your request, we shall review your request in 
light of the then existent circumstances and determine whether 
the assistance you desire is warranted.'' \621\

    5-27-75: Special Agent Paul Rico retires from the FBI. He 
became an FBI agent on February 26, 1951. Shortly after 
retiring from the FBI, Rico becomes Director of Security for 
World Jai Alai. (See U.S. v. Salemme, 91 F.Supp. 2d 141, 208 
(D. Mass. 1999)).\622\

    9-17-75: A memorandum from Gerald E. McDowell, Chief 
Attorney of Boston's Organized Crime Strike Force, to Gerard T. 
McGuire, Deputy Chief of the Organized Crime and Racketeering 
Section, states: ``I have enclosed an article from the Boston 
Globe which all but gives the L.C.N. [La Cosa Nostra] a 
blueprint on how to find Joseph Barboza and kill him. . . . 
[Additionally,] it now appears quite likely that he will be 
released this fall. . . . Bill Lynch has strong negative 
feelings about extending any more assistance to Barboza. Bill 
feels that the Department went to a lot of trouble to give 
Barboza a chance at a new life as a relocated witness and 
Barboza repaid us by murdering a man in California. . . . 
Whatever our final decision on Barboza we should give a lot of 
thought to any response to his requests. He was the key witness 
in one of the most important cases this section has ever won, 
and his survival, or lack thereof, has current importance in 
the development of witnesses in the New England area.'' \623\

    9-18-75: James ``Whitey'' Bulger again opened as an FBI 
informant. (FBI Report by Charles S. Prouty (Aug. 13, 1997); 
see also Dick Lehr and Gerard O'Neill, Black Mass 16; and U.S. 
v. Salemme, 91 F.Supp. 2d 141, 208 (D. Mass. 1999), which 
states that Bulger was opened as an informant on September 30, 
1975, but which does not recognize that FBI Special Agent 
Dennis Condon had already opened Bulger as an informant four 
years earlier).\624\

    9-19-75: An FBI Memorandum from the San Francisco, 
California, Office states, ``By LHM . . . Boston advised Bureau 
that information received from reliable source indicating 
members of Boston LCN [La Cosa Nostra] family [are] interested 
in making determination as to where [Joseph] Barboza [is] 
located upon his parole in order [that] they could kill him. 
Information received that member of organization located in 
Boston area stated sizeable amount of money available to [a] 
person who sets up Barboza from organization in order that he 
be killed. Above LHM based on information developed by 
redacted. Referenced report indicates that redacted advised on 
redacted the De Sciscio and/or Russo had advised while in San 
Francisco area that a $100,000 contract on Barboza or $25,000 
available for `lining him up.' redacted section.'' \625\

    An airtel from the Boston SAC to the FBI Director states, 
``Enclosed for the Bureau are four copies of an LHM setting 
forth info received from sources indicating [that] the LCN [La 
Cosa Nostra] is interested in locating'' Joseph Barboza and 
killing him. This memorandum also states that Barboza's murder 
``would represent a lethal blow to the Witness Protection Act 
and would serve as a deterrent for future potential witnesses 
in the Boston area.'' \626\

    A U.S. Government Memorandum states that an official from 
the DOJ advised that Joseph Barboza will be paroled soon and 
``the word on the street in Boston is that the bad guys know 
[Barboza's] name and they plan on publicly executing him.'' The 
DOJ official requests that we offer technical assistance to the 
State of California if needed, such as documentation or 
employment. The ``FBI have [sic] already requested help in 
[the] form of job assistance. This is being done.'' \627\

    10-30-75: Joseph Barboza is ``quietly paroled'' from Sierra 
Conservation Camp in California where he served four years for 
the murder of Clay Wilson. Two underworld figures, one being 
J.R. Russo, were reportedly in California in August and said to 
be looking for Barboza. (Former New England Mafia Figure 
Paroled, Press Democrat (Santa Rosa, CA), Nov. 7, 1975). A San 
Francisco Police Report notes that Barboza was paroled to San 
Francisco and is residing with a friend. The report further 
states that Barboza works as a cook at the Rathskeller 
Restaurant.\628\

    11-1-75: Joseph Barboza lives at Ted Sharliss' residence 
from this date until November 15, 1975. (This information is 
contained in an FBI memorandum dated December 16, 1976).\629\

    11-28-75: Joseph Salvati's attorney, Martin K. Leppo, files 
a petition for commutation for Salvati.\630\

                                  1976

    1976: The Attorney General issues the first guidelines for 
the FBI on use of informants. (United States v. Salemme, 91 
F.Supp. 2d 141, 150 (D. Mass. 1999)).\631\

    Stephen Flemmi provides information that allows Special 
Agent John Connolly to turn a co-conspirator into a cooperating 
witness who identified Joseph Russo as Barboza's killer. Russo 
pleads guilty in 1992. (United States v. Salemme, 91 F.Supp. 2d 
141, 151 (D. Mass. 1999)).\632\

    James ``Whitey'' Bulger, Stephen Flemmi, and John Martorano 
meet Back Side restaurant owner Francis X. Green at his 
restaurant and threaten his life unless he repays a $175,000 
debt. Green then contacts Edward Harrington and asks what he 
should do. The case is turned over to the FBI. The FBI 
supposedly interviews Green and later denies that an interview 
took place. About a year later, the case is dropped because of 
Green's supposed reluctance to testify against Bulger. ((United 
States v. Salemme, 91 F.Supp. 2d 141, 156 (D. Mass. 1999); Dick 
Lehr & Gerard O'Neill, Black Mass 32-37 (2000)).\633\

    1-26-76: Frank Walsh, the Boston Police Sergeant 
responsible for investigating Joseph Salvati's involvement in 
the Edward Deegan murder, recommends a commutation of Salvati's 
sentence.\634\

    1-27-76: The Massachusetts Parole Board votes unanimously 
to deny Joseph Salvati's petition for a hearing.\635\

    2-11-76: Joseph Barboza (a.k.a. Joe Donati or Denati--after 
release from Wilson murder; Bentley, Baron) is murdered in San 
Francisco. According to an FBI Memorandum from the San 
Francisco, California, Office dated June 8, 1978: ``[A]t about 
3:40 PM, Baron was shot and killed as he attempted to enter his 
personal automobile parked at the intersection of 25th Avenue 
and Moraga Street, San Francisco, California. Baron had just 
departed residence of Theodore James Sharliss, 1717-25th 
Avenue. Baron was visiting Sharliss for several hours and was 
returning to his apartment where he was residing with his 
girlfriend. Baron walked to his vehicle, a 1969 Ford 
Thunderbird, two door, parked on Moraga Street. As Baron 
reached the driver's door, a white 1972 Ford Econoline van 
pulled up and stopped beside Baron and his automobile. The 
cargo door on the right side of the van was thrust open and 
several shots were fired. A white male American wearing a red 
ski cap, pointed at the top, was observed by witnesses firing a 
shotgun out of the right side of the van. The van drove off at 
a high rate of speed and was abandoned some five blocks from 
the murder scene.'' (See also San Francisco Police Department 
Report; Killer Barboza Slain, Boston Herald, Feb. 12, 
1976).\636\

    2-20-76: Jack Zalkind, the Assistant District Attorney in 
charge of prosecuting Joseph Salvati for the Edward Deegan 
murder, recommends a commutation of Salvati's sentence.\637\

    2-23-76: A teletype from the Los Angeles FBI Office to the 
Director and the San Francisco FBI Office concerns the details 
of an interview of Richard Sydney Watson that took place at 
Orange County Jail on February 22, 1976. Relevant portions of 
that interview summary follow: ``Watson claimed that while in 
local custody in Ohio in December, 1975, he met another inmate 
named Ronnie Lane. He said that Lane told him that Joey Barboza 
has killed a man in SF while residing there under a new 
identity which had been supplied by the government after 
Barboza testified for the government in the trial of Raymond 
Patriarca. He said that Lane mentioned that Barboza frequented 
Luigi's and the La Pentera Restaurants in SF 3 or 4 times a 
week. Watson said that he was booked into the Orange County 
Jail on January 16, 1976, and came into contact with another 
inmate Ken Hoffman. . . . According to Watson, Hoffman told him 
that there had been a $300,000 contract put out on Barboza but 
no one had been able to find him. Watson said that he told 
Hoffman that he had heard that Barboza frequented Luigi's and 
the La Pentera restaurants. Hoffman told him he would relay 
this information to his uncle and if Barboza was where he said, 
that he would get his cut. Four days before Barboza was killed, 
Watson said that Hoffman told him the two `torpedos' each from 
two separate groups were going to stake out these restaurants. 
Four days later Watson read in the newspaper that Barboza had 
been killed.'' \638\

    4-9-76: Gerald Alch, a former employee of F. Lee Bailey, 
signs an affidavit based on interviews with Joseph Barboza at 
Walpole State Prison in July and August 1970. Alch states that 
Barboza said all allegations made by him at the Edward 
``Teddy'' Deegan trial with regard to the involvement of Peter 
Limone in the crime were false. Barboza said that during his 
conversation with prosecutors he was interrogated in regard to 
Limone's involvement in such a way as to cause him to believe 
that by incriminating Limone, he would be strengthening his 
position with regard to the promises made to him by the 
authorities. Since Barboza believed the authorities were not 
keeping their promises, he had no obligation to adhere to his 
false implication of Limone. Barboza indicated that he had in 
his possession notes which he utilized for testimony 
preparation which had in their margins handwriting on Limone's 
alleged implication. As a result of these interviews, an 
affidavit was prepared for Barboza's signature, which ``to the 
best of my recollection, was brought to him . . . by my then 
associate Colin W. Gillis, Esquire, before whom he acknowledged 
the contents thereof to be true and did execute said 
affidavit.'' \639\

    May 1976: Hank Messick writes an article in the Boston 
Globe about Joseph Barboza and his book. Messick writes, ``In 
time he [Barboza] smuggled out the manuscript. [Barboza's 
friend] typed it and, on the recommendation of former Boston 
Strike Force chief Edward F. Harrington, brought it to me to 
make into a book.'' \640\

    5-16-76: An FBI teletype from Boston to the Director and 
the San Francisco Office states, ``BS 1544-CTE [Whitey Bulger] 
advised that he heard that Jimmy Charlmis [Ted Sharliss], 
formerly from Boston and currently residing [in] San Francisco, 
is the individual who set up Joe Barboza to be killed by the 
`outfit' and the `outfit' people are discussing taking 
[Sharliss] out because he is considered a weak link to their 
involvement in the `hit' on Barboza.'' \641\

    5-19-76: According to an FBI teletype from Boston to the 
Director and the San Francisco Office, ``Joseph M. Williams, 
Jr., Supervisor, Investigation Unit, Commonwealth of 
Massachusetts Parole Board, advised FBI, Boston, that source 
close to redacted section advised [Ted Sharliss] former 
associate of Joe Barboza prior to his [Sharliss'] leaving the 
Boston area years ago, is the individual who set up Barboza to 
be killed and now they (LCN) intend to kill [Sharliss] to 
insure [sic] he never talks. Strike Force Chief, New England 
area, has had continuing interest in developments surrounding 
Barboza killing due to serious impact on witness program and 
has continually expressed interest in use of FGJ in event 
evidence developed regarding individuals responsible for hit. 
Strike Force Chief advised of above informant information and 
has expressed intent in having Sharliss subpoenaed before FGJ, 
Boston.'' \642\

    5-24-76: An FBI teletype from Boston to the Director and 
the San Francisco Office informs, ``Redacted Section advised 
that the `outfit' is going to eliminate Jimmy Charlmis [Ted 
Sharliss] who helped them line up Baron for a `hit' on the west 
coast. They don't want to take a chance on him folding up.'' 
The teletype continues, ``[O]n redacted section advised that 
the Italian outfit had Joseph Baron `taken out.' They also 
`took out' [Patrick] Fabiano because of his connections with 
Joe Baron. Fabiano had been holding the outfit up over the 
years, example: getting money from them, etc., because he would 
not corroborate Baron in Court. They were waiting until they 
got Baron to `take out' Fabiano.'' \643\

    5-25-76: FBI teletype from the San Francisco Office to the 
Director and Boston regarding Joseph Barboza states, ``Bureau 
and Boston office should be alert to the fact that during 
recent contact with TE [(Top Echelon Informant)], he has 
furnished some information concerning redacted section. TE 
stated that he would in the near future furnish extensive 
information concerning these two areas of criminal activity; 
however, desired to give the matter further thought and noted 
that redacted section. At time of last contact, TE indicated 
that he would consider testifying if his testimony became 
necessary in the above matters. On redacted it was determined 
that redacted section.'' \644\

    5-27-76: An FBI Memorandum from the San Francisco Office 
states that Ted Sharliss was interviewed by the San Francisco 
FBI Office. Sharliss is told that he is going to be eliminated. 
Sharliss denies any involvement or knowledge concerning the 
Barboza murder.\645\

    5-28-76: According to an FBI Memorandum from the San 
Francisco Office, Ted Sharliss is re-interviewed by the San 
Francisco FBI Office. The memorandum states, ``He admitted that 
during November, 1975, he furnished LCN [La Cosa Nostra] figure 
Joseph Russo of Boston, information as to Sharliss' address at 
San Francisco and that [Joseph Barboza] Baron was visiting with 
him on a daily basis. Sharliss admitted subsequent thereto he 
was in telephonic contact with Russo on other matters, 
including contacts a day or two prior to the murder. On 
practically each contact Russo inquired as to whether or not 
Baron was still in the area and maintaining contact with 
Sharliss. He stated that he always advised Russo that he was. 
Sharliss emphatically denied any involvement in the murder of 
Baron other than the fact that he furnished Russo the 
whereabouts of Baron. He admitted that by furnishing this 
information to Russo he had `given Baron up.' Sharliss stated 
that he believes Russo was responsible for Baron's murder, 
however, denied knowing who handled the hit. He denied 
receiving any money, consideration, or favors.'' \646\

    June 1976: Special Agent John Connolly accepts a diamond 
ring from James ``Whitey'' Bulger and Stephen Flemmi, according 
to Connolly's Indictment.\647\

    Theodore James ``Ted'' Sharliss is interviewed concerning 
information he had regarding the Barboza murder. Sharliss 
informs that Barboza lived at Sharliss' residence from November 
1 to November 15, 1975. Barboza later moved to an apartment 
with his girlfriend. Barboza visited with Sharliss on a daily 
basis. On February 11, 1976, Barboza was murdered just outside 
Sharliss' residence at 1710--25th Avenue, San Francisco. 
According to the interview summary, ``Sharliss advised that 
during the latter part of 1975, he received a telephone call at 
his residence from Joseph Russo, a Boston La Cosa Nostra (LCN) 
Lieutenant and well known `outfit' hit man. Russo asked 
Sharliss to meet an individual in the lobby of the Hilton Hotel 
in Downtown San Francisco. . . . [T]he individual . . . at the 
Hilton Hotel was none other than Russo. Russo asked Sharliss if 
he `would like to make some big bucks'. Sharliss immediately 
knew that Russo wanted him to kill or handle the contract on 
Baron. Russo talked of $25,000 for the contract and Sharliss 
reiterated that he wanted nothing to do with killing Baron and 
that he wanted to take a `neutral position.' Russo became 
extremely mad and pointed out to Sharliss that he had made 
friends with a `lying bum' who testified about `George' and a 
number of other guys that he put on Death Row. Sharliss noted 
that when Russo mentioned `George' he was referring to Raymond 
Patriarca, head of the New England LCN. Russo calmed down, left 
the hotel, and told Sharliss `keep your mouth shut,' don't say 
anything to him (Baron) or anybody else.'' Sharliss also states 
that he had no other personal contact with Russo, but did talk 
with Russo by telephone on a number of occasions after the 
November 1975 contact including a day or two before the Baron 
murder. During those calls, Russo asked Sharliss if ``that 
lying bum [is] still out there.'' (FBI Memorandum, Dec. 16, 
1976).\648\

    8-20-76: A teletype to the FBI Director regarding Joseph 
Barboza states: ``For information of Las Vegas, Joseph Barboza 
was a well known hoodlum figure and `hitman' in the Boston area 
who testified against Raymond Patriarca, New England La Cosa 
Nostra (LCN) Leader, and numerous other hoodlum figures during 
1967-1968.'' \649\

    October 1976: A San Francisco FBI Office memorandum states, 
``John Frederick Loewe, bookmaking associate and confidant to 
Sharliss, provided information to the San Francisco FBI that 
during January 1976, he accompanied Sharliss to the Hilton Inn, 
San Francisco International Airport (SFIA). Sharliss related to 
Loewe that he (Sharliss) was to meet with Larry Baione, the 
number two man in the Boston La Cosa Nostra (LCN). Loewe 
believes Sharliss mentioned the name of the other individual 
from Boston who was with Baione. Loewe did not recall this 
individual's name. Loewe believes Sharliss mentioned at this 
time or it may have been at a later date that Baione and his 
associate had discussed the hit on Baron with him. During late 
March or early April, 1976, Sharliss told Loewe he met with the 
same two individuals at the SFIA Hilton Inn. Loewe, who was 
arriving from Las Vegas on April 2, 1976, was met by Sharliss. 
On the drive home from the airport Sharliss told Loewe that he 
had been to the airport at least once, possibly twice that 
morning. After dropping Loewe off at his residence, Sharliss 
returned to the airport to meet with the previously mentioned 
individuals from Boston. The purpose of the meeting was for 
Sharliss to collect $5,000 for `lining up' Baron. Hotel 
registration records at the SFIA Hilton . . . and others . . . 
in the airport complex were checked for the time period in 
question with negative results. Redacted section.'' (FBI 
Memorandum, Oct. 26, 1977; see also FBI Memorandum, Dec. 16, 
1976, for virtually the same synopsis of facts). [Note: 
According to the December 16, 1976, memorandum, Sharliss later 
told Loewe that he did not get the $5,000 and has never 
received any money.] \650\

    11-3-76: John Frederick Loewe takes a polygraph exam. The 
results provide that ``no specific, consistent significant 
psychological responses were detected which indicate[s] 
deception when Loewe answered relevant questions.'' (FBI 
Memorandum, Oct. 26, 1977).\651\

    The San Francisco FBI Office writes a memorandum stating 
that they administered a polygraph examination of an individual 
whose name is redacted.\652\

    11-15-76: Suffolk County District Attorney Garrett Byrne 
opposes a commutation of Joseph Salvati's sentence.\653\

    11-29-76: A memorandum from Joseph M. Williams, Jr., 
Supervisor of the Massachusetts Parole Board's Investigation 
Unit, to the Board of Pardons, Special Attention Board Member 
Wendy Gershengorn indicates that [Joseph] Salvati associated 
with a number of Italians tied to organized crime. ``The `word' 
from reputable law enforcement officers was that [Salvati] was 
just thrown in by Barboza on the murder because he hated 
subject, that Joseph Barboza was asked by people was this true 
and that Barboza denied this.'' \654\

    12-17-76: John Loewe is unable to positively identify Larry 
Baione from a spread of representative photographs. Redacted 
section. (FBI Memorandum, Oct. 26, 1977).\655\

    12-29-76: Richard Castucci, a nightclub owner and bookmaker 
associated with the Winter Hill Gang, is murdered after Special 
Agent John Connolly tells James ``Whitey'' Bulger that Castucci 
is an FBI informant, according to John Connolly's 
Indictment.\656\

                                  1977

    2-28-77: The Massachusetts Parole Board denies Joseph 
Salvati's second petition for a commutation hearing because 
Salvati had served an insufficient amount of time to warrant a 
hearing.\657\

    5-20-77: Special Agent Dennis Condon retires from the 
FBI.\658\

    August 1977: Edward Harrington serves as the U.S. Attorney 
for Massachusetts from August 1977 until October 1981.\659\

    8-9-77: Phillip Sumner contacts the San Francisco FBI 
Office and relays the following: ``On the evening of August 5, 
1977, Sumner viewed a television news special dealing with the 
February 11, 1976, murder of [Joseph Barboza] Baron. In brief, 
Sumner related that he was incarcerated at Soledad Prison, 
California, during 1973-1974. Sumner had occasion to meet Red 
Hogan, a fellow inmate who told Sumner that he was originally 
from Boston, Massachusetts. Hogan related to Sumner that he 
served time at Walpole State Prison, Boston, Massachusetts, 
with Joe Barboza. Hogan also showed Sumner letters received by 
him from Barboza using the name of Joe Bentley at a prison 
facility in Montana, believed to be Deer Lodge. The letter 
writing continued between September 1973 to September 1974. 
Because of his close association with Hogan and statements by 
Hogan that he was going to kill Barboza, Sumner feels convinced 
that Hogan is definitely involved in the Barboza murder.'' The 
memorandum states that Sumner's information, in part, has been 
verified and investigation continues to further identify and 
locate Hogan. (FBI Memorandum, Oct. 26, 1977).\660\

    10-13-77: FBI Special Agents Thomas Daly and Peter Kennedy 
interview Francis X. Green about his loan of $175,000 from 
James ``Whitey'' Bulger's associates and Bulger's threat on 
Green's life if he did not repay the loan. (Shelley Murphy, 
Cases Disappear as FBI Looks Away, Boston Globe, July 22, 
1998).\661\

    10-26-77: An FBI memorandum states, ``Investigation 
concerning the murder of Joseph Baron in San Francisco, 
California, on February 11, 1976, continued and eventually 
focused on Baron's closest personal friend and associate in San 
Francisco, Theodore James Sharliss.'' \662\

    12-21-77: Florida Attorney Richard Barest states the 
following in an affidavit: ``I was contacted and retained by 
Mr. [Louis] Greco to attempt to prove his innocence to a murder 
charge that he felt he was being `set up' on involving the 
alleged murder of one [Edward] Teddy Deegan, which was 
approximately two years old. He advised me of things to check 
out because he felt he could prove he was in Florida at the 
time the offense was committed, and that he was `totally' 
innocent of that offense, and that he would be willing to take 
a lie detector test on that specific crime. Pursuant to his 
request, my investigator set up an examination with a respected 
polygraph operator who was then working as the official police 
polygraph operator for the City of Miami Police Department. I 
gave my approval of the test, with the only specific 
instructions to the polygraph operator was that he confine his 
questions strictly to the Teddy Deegan homicide, and that he 
could ask anything he desired about that case with reference to 
Louie [sic] Greco's alleged participation therein. My 
recollection is that Mr. Greco's responses were truthful and 
that he did not participate in the Teddy Deegan homicide.'' 
(See 11-14-67 entry).\663\

                                  1978

    4-29-78: A report of Special Agent John Morris' performance 
rating for the rating period of 1/15/78 to 4/15/78 states, ``He 
is imaginative, innovative and extremely industrious and has no 
hesitation in tackling major projects or complicated which 
place a heavy demand on his time, often to the detriment of his 
family. SA Morris possesses all the necessary attributes to be 
an outstanding Bureau executive.'' \664\

    5-8-78: William Geraway writes to a Justice Department 
official: ``I testified in a Florida murder trial that was 
contracted out of Boston[.]'' This trial was State v. John 
Sweet in 1967. The trial focused on the killing of Charles Von 
Maxcy which had ``been arranged or procured through the Boston 
area.'' \665\

    5-16-78: Handwritten notes from Butch Carlstadt indicate 
that Tim Brown taped conversation between Barboza and Ted 
Sharliss. The notes further indicate that there are twelve 7'' 
reel-to-reel tapes, which were in the possession of Rick Oliver 
at (707) 527-2127. He appears to be a local homicide 
detective.\666\

    10-11-78: Louis Greco takes two polygraph examinations. The 
results of Louis Greco's first polygraph examination are 
determined to be inconclusive. In the second polygraph, the 
examiner finds that Greco was truthful when he said he was not 
in Massachusetts when Edward ``Teddy'' Deegan was killed; not 
present when Deegan was killed; and was not in Massachusetts on 
March 12, 1965.\667\

    10-16-78: According to an F. Lee Bailey affidavit, Bailey 
was contacted in about July 1970 by a party whose name was 
Frank, who had been in recent communication, through 
intermediaries, with Joseph Barboza, and that Barboza wished to 
set the record straight as to certain perjured testimony he had 
given in state and federal courts. A meeting was set in New 
Bedford, Massachusetts. Barboza told Bailey that Roy French and 
Ronnie Cassesso were in fact involved, but Cassesso indirectly. 
Henry Tameleo and Peter Limone were not involved, but Barboza 
implicated them because he was led to understand by various 
authorities that in order to escape punishment on charges 
pending against him, he would have to implicate someone of 
``importance.'' Barboza told Bailey the story he told at court 
was in very large measure a fabrication. He implicated Louis 
Greco because of a personal grudge. The authorities generally 
assured him that a conviction was unlikely. He stated that 
because he had become a government witness he would not expect 
to live more than a day if he were committed to the general 
population in Walpole, as he feared. He authorized Bailey to 
advise counsel for some of the defendants as to his intent, and 
as to what he hoped to accomplish, and further authorized 
Bailey to publish his revised version of the Edward ``Teddy'' 
Deegan murder (in which he had admitted personal involvement), 
so long as he would not wind up in jail. Subsequently, Barboza 
was arrested in New Bedford. After his arrest, he told Bailey 
that he had been informed by persons in authority, whom he did 
not name, that federal agents would arrange for his release 
provided he discharge Bailey and terminate his efforts to 
recant his trial testimony. Prior to this time, Barboza had 
agreed to take a polygraph test. Subsequent to his 
incarceration he informed Bailey that he had been told that if 
he submitted to such a test he would spend the rest of his 
years behind bars.\668\

    10-19-78: Attorney Al Farese's affidavit states that Farese 
reviewed John Fitzgerald's testimony at the Edward ``Teddy'' 
Deegan trial where Fitzgerald said that Joseph Barboza had two 
pending indictments against him, one involving the stabbing of 
Arthur Pearson where Barboza is charged as a habitual criminal. 
Farese said Fitzgerald told him ``[t]hey are willing'' to have 
Arthur Pearson say that Chico Amico stabbed him and that Nick 
Femia and Joseph Barboza came over to help Pearson. Barboza 
would then not be guilty of a habitual criminal charge. If that 
were not enough, Fitzgerald said Greco would ``whack out 
Pearson.'' In addition, Fitzgerald said they would give Barboza 
$25,000 not to testify. Farese stated that at no time was 
Fitzgerald present with Greco in his house and this 
conversation he testified to had never taken place. Farese said 
in April or May 1973, he received a telephone call from 
Fitzgerald, who was in South Dakota. Fitzgerald told Farese 
that he was going ``to clear the guy with the gimpy leg,'' 
meaning Greco, because he was innocent.\669\

    10-27-78: Theodore Sharliss is indicted for conspiring to 
violate Joseph Barboza's civil rights.\670\

    10-28-78: The Press Democrat reports that a federal grand 
jury indicted Theodore J. Sharliss in the murder of Joseph 
Barboza. Sharliss allegedly set Barboza up to be murdered in 
San Francisco in 1976. Sharliss is indicted on conspiracy to 
violate Barboza's civil rights. (Indictment Returned in 
Slaying, Press Democrat (Santa Rosa, CA), Oct. 28, 1978).\671\

    10-31-78: Edward F. Harrington files an affidavit to be 
used against Louis Greco's Motion for New Trial.\672\

    11-3-78: In a Massachusetts Superior Court Order denying a 
new trial for Louis Greco, the judge states the Commonwealth's 
submitted materials include an affidavit by U.S. Attorney 
Edward Harrington. The judge chooses to rely on Joseph 
Barboza's testimony in the Clay Wilson case and the Harrington 
affidavit to evaluate Barboza's testimony in the Edward 
``Teddy'' Deegan murder case. (Commonwealth v. Grieco [sic], 
Case No. 31601 (Suffolk Ct. Sup. Ct., Nov. 3, 1978)).\673\

    11-6-78: The Massachusetts Parole Board unanimously denies 
Peter Limone a commutation hearing.\674\

    11-13-78: John E. Bates, the Superintendent of Framingham 
Correctional Institute where Joseph Salvati has been imprisoned 
for over five years, recommends to the Massachusetts Parole 
Board that Salvati's sentence be commuted.\675\

                                  1979

    1979: The FBI assigns Special Agent in Charge Lawrence 
Sarhatt to the Boston office. (U.S. v. Salemme, 91 F.Supp. 2d 
141, 203 (D. Mass. 1999)).\676\

    An FBI report reflects what was said at a dinner between 
James ``Whitey'' Bulger, Stephen ``The Rifleman'' Flemmi, and 
FBI agents. (The Court found that the dinners were held to 
celebrate milestones. Although FBI procedures require that all 
contacts with informants be documented, there was only one, a 
1979 report reflecting matters discussed at these dinners. 
There was no record of the gifts exchanged.) (U.S. v. Salemme, 
91 F.Supp. 2d 141, 149, 150 (D. Mass. 1999)).

    January 1979: Special Agents John Connolly and John Morris 
tell U.S. Attorney Jeremiah O'Sullivan that James ``Whitey'' 
Bulger and Stephen ``The Rifleman'' Flemmi are informants. 
(Dick Lehr & Gerard O'Neil, Black Mass 65 (2000).\677\

    1-24-79: Theodore Sharliss enters a guilty plea to the 
charge of violating Title 18 U.S.C. Sec. 241, Civil Rights--
Murder and Conspiracy, for setting up Joseph Barboza's murder. 
(This information is contained in an FBI Memorandum from San 
Francisco to Director dated June 6, 1979.) Sharliss agrees to 
testify against the killers. (Man Gets 5 Years for `Mafia 
Killing, Press Democrat (Santa Rosa, CA), Mar. 1, 1979).\678\

    1-29-79: A prosecution memorandum from Gerald E. McDowell, 
Attorney in Charge of the Boston Strike Force, and Jeremiah T. 
O'Sullivan, to Gerald T. McGuire, Deputy Chief of the Organized 
Crime and Racketeering Section, recommends the indictment of 
twenty-one individuals for their involvement with Anthony 
Ciulla in a five-state pari-mutuel thoroughbred horse race 
fixing scheme. The following are important points made in this 
memorandum. Numbers in parentheses coincide with page numbers 
in the memorandum. [Note: The original memorandum is not 
appended to the Committee's chronology and is retained in 
Justice Department files.] ``The Boston Strike Force recommends 
the indictment of the twenty-one individuals listed below, 
including the principals of the Winter gang, for their 
involvement with Anthony Ciulla in a multi-state pari-mutuel 
thoroughbred horse race fixing scheme involving race tracks in 
five states.'' The net profits were almost two million dollars. 
(1) Ciulla and Barnoski met with Howard Winter ``and six of his 
associates'' in late 1973 to discuss a race fixing scheme. 
``Winter and his partners would provide the money necessary to 
carry out the scheme.'' (4) The six associates included Bulger 
and Flemmi. The memo states that after the initial meeting with 
Winter, Ciulla and Barnoski met with Winter's other partners in 
the scheme--John Martorano, Joseph McDonald, James Sims, John 
Martorano, James Bulger and Stephen Flemmi. Bulger and Flemmi 
``would help find outside bookmakers to accept the bets of the 
group.'' (4) ``Ciulla and the Winter group then began to fix 
races at tracks around the country.'' The scheme lasted for 2 
years and more than 200 races were fixed. (5) ``James L. Sims--
The case against Sims rests solely on Ciulla's testimony.'' 
(55) Suggests that Bulger and Flemmi be further investigated. 
Indicates that they not be indicted because ``the cases against 
them rest, in most instances, solely on the testimony of 
Anthony Ciulla.'' Suggests that the cases against Bulger and 
Flemmi (and others) might become stronger if indictees 
cooperated. (62) There are redacted sections with no indication 
of the reason for the redaction.

    2-1-79: Joseph Salvati files his third petition for a 
commutation hearing with the Massachusetts Parole Board.\679\

    2-2-79: Indictments are handed down in the Anthony Ciulla 
racehorse-fixing case. James ``Whitey'' Bulger and Stephen 
``The Rifleman'' Flemmi warn John Martorano and Joe McDonald, 
and Martorano flees. (Dick Lehr & Gerard O'Neil, Black Mass 67-
68 (2000)).\680\

    2-16-79: The Massachusetts Parole Board denies Joseph 
Salvati's petition for a commutation because ``this petition 
has been presented too soon following conviction of Murder-
First Degree.'' \681\

    2-27-79: Theodore Sharliss is sentenced to five years in 
prison for setting up Joseph Barboza's murder. (See Man Gets 5 
Years for `Mafia Killing, Press Democrat (Santa Rosa, CA), Mar. 
1, 1979).\682\

    3-12-79: Jack Zalkind, the Assistant District Attorney in 
charge of prosecuting Joseph Salvati for the Edward Deegan 
murder, recommends that Salvati's sentence be commuted for a 
second time.\683\

    3-15-79: Frank Walsh, the Boston Police Sergeant 
responsible for investigating Joseph Salvati's involvement in 
the Edward Deegan murder, recommends that Salvati's sentence be 
commuted for a second time. Walsh says he had ``never become 
aware that Mr. Salvati has been even remotely connected with 
firearms or physical violence.'' \684\

    3-28-79: A memorandum from the Boston SAC to the FBI 
Director states, ``Caption matter [Joseph Baron] contains 
information that has enduring investigative value beyond the 
established destruction period and is essential to our 
investigative needs. In view of the foregoing, this file will 
be retained until such a time as these criteria no longer 
apply. An annual review will be conducted by the Boston 
Division and when this file is no longer essential for 
investigative reference it will be destroyed and FBIHQ properly 
notified.'' \685\

    3-31-79: A memorandum from the Boston SAC to the FBI 
Director states that under John Morris' direction, ``Operation 
Lobster has been broadly acclaimed as one of the most 
successful law enforcement endeavors in the history of the 
Boston area. Also during this rating period [4/16/78 through 3/
31/79], Supervisor Morris directed and provided leadership to 
several Agents on his squad in bringing to a successful 
conclusion a `bust out' case, an east coast horse race fixing 
scheme and the indictment of several subjects under the RICO 
Statute for local burglaries and drug dealing. All of these 
cases received considerable notoriety in the Boston area and 
were of significant impact against Organized Crime in the 
Boston area.'' \686\

    4-16-79: The FBI Director informs the San Francisco Office 
by teletype of the following: ``The Bureau is aware of the 
sensitivity of the informant issue in this matter and the FBI's 
obligations. However, the informant and the contacting agent 
should be aware that redacted section unless the informant's 
complete knowledge redacted in this case is known. Unless the 
informant chooses to provide all relevant information to the 
FBI regarding his knowledge redacted in this investigation, it 
will be very difficult redacted section as it appears he has 
chosen not to recall vital information. San Francisco attempt 
to resolve this matter with the informant prior to his 
scheduled appearance before the federal grand jury in order 
that such appearance can be avoided if possible.'' \687\

    5-15-79: An airtel from the San Francisco SAC to the FBI 
Director regarding a San Francisco telephone call to Special 
Agent John Connolly on May 14, 1979, states: ``San Francisco 
continuing efforts to obtain a prosecutable case against Joseph 
Anthony Russo and any Boston LCN [La Cosa Nostra] associates 
for the murder of Barboza.'' \688\

    7-6-79: Defendant Luigi Manocchio appears on a warrant for 
the murders of Rudolph Marfeo and Anthony Melei and is 
arraigned. Manocchio pleads not guilty.\689\

    Vincent James ``Jimmy the Bear'' Flemmi dies in 
prison.\690\

    12-7-79: San Francisco Strike Force Attorney Michael Kramer 
requests that Special Agent John Connolly of the Boston FBI 
Office testify on January 10, 1979, in San Francisco regarding 
Connolly's interview of Ted Sharliss.\691\

    12-20-79: An FBI airtel from the San Francisco SAC to the 
FBI Director indicates that Joseph Russo's FBI Number is 677 
979 A.\692\

                                  1980

    1980: James ``Whitey'' Bulger and Stephen ``The Rifleman'' 
Flemmi start giving the FBI evidence against Jerry Angiulo, 
Boston mafia boss for the Raymond Patriarca family. (U.S. v. 
Salemme, 91 F.Supp. 2d 141, 152 (D. Mass. 1999)).\693\

    Kenneth ``Bobby'' Conrad, a prime witness in a Boston 
murder, disappears. James ``Whitey'' Bulger and Stephen ``The 
Rifleman'' Flemmi associates tell authorities that Conrad is 
buried in Nova Scotia. (Jonathan Wells, Jack Meyers and Maggie 
Mulvihill, Whitey Gang Victims May be Buried in Canada, Boston 
Herald, Dec. 11, 2000).\694\

    Stephen ``The Rifleman'' Flemmi provides Special Agent John 
Connolly with information regarding the murder of Federal Judge 
James Wood by major drug dealers. Connolly later tells 
superiors that the contacts Flemmi made in the investigation, 
at Connolly's direction, may have created the false impression 
that Flemmi was involved in drugs. (U.S. v. Salemme, 91 F.Supp. 
2d 141, 205 (D. Mass. 1999)).\695\

    3-28-80: The Press Democrat reports that Federal 
authorities have reopened the Joseph Barboza murder case 
because of new information. The article says that the 
Department of Justice wants to find Barboza's killer because 
his murder threatened the success of the Witness Protection 
Program. Jerry Angiulo, Ilario Zannino, J.R. Russo and others 
were reportedly subpoenaed to appear before a grand jury. (Jury 
May Probe Hit Man's Death, Press Democrat (Santa Rosa, CA), 
Mar. 28, 1980).\696\

    4-12-80: According to Brian Halloran's statements to the 
FBI, on this date he drove Louis Litif to Triple O's in South 
Boston for a meeting with James ``Whitey'' Bulger. Halloran 
later witnesses Bulger and an associate bring Litif's body out 
of the back door of the South Boston bar and put it in the 
trunk of Litif's new Lincoln. (Shelley Murphy, Cases Disappear 
as FBI Looks Away, Boston Globe, July 22, 1998).\697\

    July-August 1980: Agent John Morris tells Special Agent 
John Connolly that the Lancaster Garage was bugged; Connolly, 
in turn, tells James ``Whitey'' Bulger and Stephen ``The 
Rifleman'' Flemmi, two targets of the investigation. (U.S. v. 
Salemme, 91 F.Supp.2d 141, 151 (D. Mass. 1999)).\698\

    7-2-80: Joseph Salvati submits his fourth petition for a 
commutation hearing with the Massachusetts Parole Board.\699\

    September 1980: Special Agent John Connolly reopens Stephen 
``The Rifleman]] Flemmi as an FBI informant. U.S. v. Salemme, 
91 F.Supp. 2d 141, 151 (D. Mass. 1983).\700\

    11-18-80: Special Agents John J. Cloherty, Jr., and Robert 
R. Turgiss meet with Massachusetts Department of Corrections 
officials to discuss allegations that Joseph Salvati was using 
Framingham Correctional Institute's canteen as a conduit for 
drugs into the institution. At this meeting, the FBI also 
alleges that Salvati was operating a gambling ring using the 
prison's telephones and computer equipment. (But see 12-30-82 
entry stating that Salvati was found not guilty of these 
charges).\701\ On this same day, the Massachusetts Parole Board 
votes to deny Salvati a commutation hearing.\702\

    11-28-80: An FBI airtel from the San Francisco SAC to the 
FBI Director informs, ``On 11/25/80, the enclosed redacted was 
located, which places Russo in San Francisco prior to the 
murder and corroborates the Sharliss testimony. The whereabouts 
of Russo, at this time, is unknown. As a result of this 
finding, San Francisco will now seek an indictment against 
Russo. San Francisco Strike Force Chief requests that an 
expedite latent fingerprint and handwriting analysis be 
conducted by the Bureau Laboratory.'' \703\

    December 1980: SAC Lawrence Sarhatt decides to continue 
using James ``Whitey'' Bulger and Stephen ``The Rifleman'' 
Flemmi as informants. (U.S. v. Salemme, 91 F.Supp. 2d 141, 205 
(D. Mass. 1999)).\704\

    12-2-80: In an FBI Memorandum justifying the use of James 
``Whitey'' Bulger as an informant, Special Agent John Connolly 
falsely credits Bulger with breaking open the Joseph Barboza 
murder case. Connolly claims that the FBI had ``no positive 
leads'' in the Barboza slaying until Bulger offered a helping 
hand. Dick Lehr, The Official Bulger FBI Files: Some Tall 
Tales, Boston Globe, July 21, 1998.\705\

                                  1981

    1981: Supervisory Special Agent John Morris tells superiors 
that Stephen Flemmi's information has been used in six 
successful applications for electronic surveillance, including 
the two highest priority organized crime investigations in 
Boston, one being 98 Prince Street. (U.S. v. Salemme, 91 
F.Supp. 2d 141, 152 (D. Mass. 1999)).\706\

    Early 1981: Assistant Special Agent in Charge Robert 
Fitzpatrick meets with James ``Whitey'' Bulger. Fitzpatrick 
later testifies that he had misgivings about continuing to use 
Bulger and Stephen Flemmi as informants because they were not 
sufficiently productive, and they engaged in serious criminal 
activity. U.S. v. Salemme, 91 F.Supp. 2d 141, 207 (D. Mass. 
1983).\707\

    January 1981: According to Brian Halloran, he is summoned 
to a meeting with James ``Whitey'' Bulger, Stephen ``The 
Rifleman'' Flemmi, and John B. Callahan, former head of World 
Jai Alai and Winter Hill Gang associate and financial adviser. 
(Dick Lehr & Gerard O'Neil, Black Mass 146 (2000)).\708\

    Assistant Special Agent in Charge Robert Fitzpatrick is 
assigned to the Boston FBI Office. (Dick Lehr & Gerard O'Neil, 
Black Mass 53 (2000).\709\

    1-6-81: The San Francisco SAC sends an airtel to the FBI 
Director regarding a telephone call to Special Agent John 
Connolly on January 5, 1981. [This document is heavily 
redacted, apparently including all parts relating to Connolly.] 
\710\

    1-9-81: With the help of James ``Whitey'' Bulger and 
Stephen ``The Rifleman'' Flemmi, the FBI wiretaps Jerry 
Angiulo's headquarters at 98 Prince Street in Boston. (U.S. v. 
Salemme, 91 F.Supp. 2d 141, 206 (D. Mass. 1999)).\711\

    1-26-81: An FBI Memorandum from J.M. Jones to Mr. Stames 
states, ``Subject [Ted] Sharliss has stated that he met with 
Joseph A. Russo in 1975 and Russo offered a murder contract on 
[Joseph Barboza] Baron to him for $25,000.00.'' \712\

    February 1981: The FBI is told that James ``Whitey'' Bulger 
and Stephen ``The Rifleman'' Flemmi were involved in cocaine 
distribution with Brian Halloran. The FBI is also told that 
bookmakers are required to pay Bulger and Flemmi to operate in 
South Boston. U.S. v. Salemme, 91 F.Supp. 2d 141, 208 (D. Mass. 
1983).\713\

    2-6-81: An FBI memorandum from the San Francisco Office to 
the Director and the Boston, Los Angeles, and Las Vegas' 
Offices states, ``[Ted] Sharliss received a five year sentence 
to the custody of the Attorney General under the plea agreement 
which required that he cooperate and testify against others who 
are responsible for the murder of [Joseph Barboza] Baron.'' 
Sharliss was interviewed several times by the FBI and stated 
that he met with Joseph Russo in San Francisco in the latter 
part of 1975, where Russo offered Sharliss a murder contract on 
Barboza for $25,000. The memorandum continues, ``During this 
period of time when Sharliss was being interviewed and 
providing information about Russo, the investigators felt that 
there was insufficient evidence at that time to possibly indict 
Russo for conspiracy in the murder of Baron.'' Sharliss was 
interviewed by a case agent and two Strike Force attorneys on 
January 19, 20, 21 and 22. Based on the evidence, interviews, 
and reexamination of the case, on January 22, Strike Force 
Chief Michael Sterrett declined to prosecute the case against 
Russo. This determination was made in part for the following 
reasons: Sharliss was the only main witness and was considered 
``weak'; Sharliss had questionable credibility since had he 
lied to the FBI and the Strike Force in the past; Sharliss had 
a severe drinking and drug problem during the time of the 
conspiracy and murder that worsened after the murder and 
existed while he gave information to the government; and, 
finally, there were no additional witnesses and no physical 
evidence left to be uncovered. On this date, ``Michael Sterrett 
receive[s] official word of concurrence in his decision not to 
prosecute this matter'' from the Deputy Chief of the Organized 
Crime and Racketeering Section.\714\

    March 1981: Roger Wheeler, Sr., decides to sell the 
Hartford fronton of World Jai Alai to break its ties with the 
New England mafia. Edmund H. Mahony, Former FBI Agent Arrested, 
Hartford Courant, Oct. 10, 2003.\715\

    3-9-81: A memorandum from Supervisory Special Agent John M. 
Morris to the Boston SAC regarding Henry Tameleo, Benjamin 
DeChristoforo and Joseph Salvati states, ``Since 1/9/81, all 
personnel of the C-3 Squad, augmented by agents from other 
squads and resident agencies, have been fully assigned to 
assist in various aspects of Title III coverage in two (2) 
cases code named redacted and Mandarin, 00: BS.'' \716\

    3-17-81: A memorandum from Special Agent John J. Cloherty, 
Jr., to the Boston SAC regarding Henry Tameleo and others 
states, ``It has been determined through Boston investigation 
entitled redacted that Joe `the Horse' Salvati is aware that 
redacted were subpoenaed for above.'' \717\

    4-15-81: A memorandum from the Boston SAC to the FBI 
Director recommends awards and commendations for Special Agent 
John J. Cloherty, Jr., Special Agent John Connolly, Jr., and 
Supervisory Special Agent John Morris for their work in the 
Myles J. Connor, Jr., 1st degree murder prosecution.\718\

    5-11-81: A World Jai Alai expense report indicates that 
Paul Rico and World Jai Alai entertained FBI Special Agents Tom 
Dowd and Jerry Forrester in the Bahamas. [Note: Rico testified 
at the Alcee Hasting Impeachment trial before the Senate that 
Tom Dowd's wife was an employee of Miami Jai Alai.] \719\

    5-15-81: According to a memorandum from Special Agent Shaun 
T. Rafferty to the Boston SAC: ``On 5/15/81, Joseph Williams 
advised that on 5/9/81, Henry Tameleo was visited in prison by 
the following individuals: Donald Fraser and Ronald Shurtleff. 
Both have robbery arrests and Fraser is on parole.'' \720\

    5-26-81: The Massachusetts Parole Board unanimously denies 
Peter Limone a commutation hearing.\721\

    5-27-81: Roger Wheeler, Sr., owner of World Jai Alai, is 
shot dead at Southern Hills Country Club in Tulsa, Oklahoma. 
John Martorano shoots Wheeler, and Joe MacDonald is the getaway 
driver. Others implicated are James ``Whitey'' Bulger, Stephen 
``The Rifleman'' Flemmi and H. Paul Rico. Edmund H. Mahony, 
Former FBI Agent Arrested, Hartford Courant, Oct. 10, 2003; see 
also U.S. v. Salemme, 91 F.Supp. 2d 141, 208-9 (D. Mass. 
1999).\722\

    July 1981: Tulsa and Connecticut investigators get a tip 
from Boston that the Winter Hill Gang is involved in the 
Wheeler murder.\723\

    7-7-81: A memorandum from Special Agent John J. Cloherty, 
Jr., to the Boston SAC regarding Henry Tameleo and others 
states, ``As Boston investigation entitled (redacted) has 
determined Salvati aware (redacted) subpoenaed and there is no 
indication at this time that Con-Puter, Inc. in violation of 
any statute within Bureau jurisdiction, it is recommended that 
captioned matter be placed in a closed status.'' \724\

    Late July 1981: H. Paul Rico is brought out of retirement 
to investigate allegations of corruption by then-U.S. District 
Judge Alcee Hastings of Florida. He poses as a Mafioso in an 
FBI ``sting'' of Hastings. (See Marjorie Williams, The 
Perplexing Case of Judge Alcee Hastings; Is He a Victim of His 
Own Greed? A House Panel Must Decide, Washington Post, July 7, 
1988; Ralph Ranalli, Ex-FBI Man to Testify at Mob Trial, Boston 
Herald, Aug. 4, 1997).\725\

    7-29-81: Kenneth Conrad's daughter, Elizabeth Conrad 
Parent, learns from Special Agent John Connolly about her 
father's death. ``When [Parent] expressed her desire to 
retrieve her father's body, she said Connolly told her not to 
pursue it and to keep quiet about the murder. `This is an 
ongoing investigation and I'd appreciate it if you didn't do 
anything about it for a while,' Parent recalled Connolly 
saying. `We've got informants. You could jeopardize them.' 
Connolly did not identify the informants, Parent said. In a 
telephone conversation two years later, Parent said she thanked 
Connolly for helping her collect on her father's life insurance 
policy[.]'' (Jonathan Wells, Jack Meyers, & Maggie Mulvihill, 
Whitey Gang Victims May Be Buried in Canada, Woman Says Agent 
Knew About Dad's Murder, Boston Herald, Dec. 11, 2000).\726\

    October 1981: Edward ``Ted'' Harrington leaves his position 
as U.S. Attorney for the District of Massachusetts, according 
to an affidavit he executed on December 31, 1981.\727\

    9-11-81: H. Paul Rico signs an indemnification agreement 
with the FBI to assist the FBI in furtherance of its 
investigation of alleged misconduct by then-U.S. District Court 
Judge Alcee Hastings.\728\

    12-31-81: Edward ``Ted'' Harrington executes an affidavit 
that states: ``At some time in 1975 or 1976, I recall running 
into Francis X. Green in a restaurant in downtown Boston. Mr. 
Green accosted me in a jovial fashion with words to the effect 
of `Hey, don't you say hello to your old campaign supporters?' 
after which we exchanged brief social pleasantries. At that 
time, I did not recognize Mr. Green, and that is the first 
occasion upon which I recall having met him. Thereafter, I may 
have run into him in a similar situation on one other occasion 
before becoming U.S. Attorney.'' \730\

    Late 1981/Early 1982: Special Supervisory Agent John Morris 
accepts a case of fine wine from James ``Whitey'' Bulger and 
Stephen ``The Rifleman'' Flemmi, with Special Agent John 
Connolly's involvement, according to Connolly's 
indictment.\730\

                                  1982

    1-6-82: Brian Halloran contacts the Boston FBI and says he 
wants to cooperate. He tells the Boston FBI that James 
``Whitey'' Bulger and Stephen ``The Rifleman'' Flemmi were 
involved in the murder of Roger Wheeler, Sr., owner of World 
Jai Alai. The FBI dismisses Halloran's story. Within weeks, 
Halloran is gunned down. (U.S. v. Salemme, 91 F.Supp. 2d 141, 
208-09 (D. Mass. 1999)).\731\ Halloran apparently tells the FBI 
that Bulger and Flemmi offered him the Wheeler contract and 
that they told him that Special Agent Rico would set up the 
murder. (See Edmund Mahony, Did the FBI Hinder the 
Investigation into the 1980's Jai Alai Killings?; A Tale of 
Murder and Frustration, Hartford Courant, Nov. 9, 1997, at 
A1).\732\

    1-7-82: The Herald American reports that police are saying 
the heroin distribution ring involving Framingham inmates and 
outsiders originated with an organized crime family in New York 
and allegedly involved organized crime figures and convicted 
murderers Henry Tameleo and Joseph Salvati. (Paul Corsetti and 
James O. Welch, Prison Drug and Gaming Ring Busted, Herald 
American (Boston), Jan. 7, 1982).\733\

    3-28-82: The Boston Globe reports that Joseph Salvati, 
along with Henry Tameleo, Benjamin DeChristoforo, and Francis 
Imbruglia, were indicted in a drug dealing, gaming, and 
institutional corruption scandal being conducted at Framingham. 
(New England News Briefs, Prison Probe Indictments, Boston 
Globe, Mar. 28, 1982).\734\

    3-29-82: The Massachusetts Parole Board unanimously denies 
Peter Limone a commutation hearing.\735\

    April 1982: Supervisory Special Agent Morris informs 
Special Agent John Connolly, who in turn informs James 
``Whitey'' Bulger and Stephen ``The Rifleman'' Flemmi, that 
Brian Halloran is giving the FBI information about Bulger and 
Flemmi's participation in the Roger Wheeler murder. (See 
Connolly Indictment at 11).\736\

    Early May 1982: The FBI denies Brian Halloran's request to 
be placed in the Witness Protection Program and tells him his 
relationship with the FBI is terminated. (U.S. v. Salemme, 91 
F.Supp. 2d 141, 209 (D. Mass. 1999)).\737\

    5-11-82: Brian Halloran and Michael Donahue are murdered. 
Jimmy Flynn is arrested for the murder and acquitted. The FBI 
is involved in the investigation and arrest of Flynn. (U.S. v. 
Salemme, 91 F.Supp. 2d 141, 210 (D. Mass. 1999)). [Jimmy Flynn 
later appeared as a judge in the movie Good Will Hunting.] 
\738\

    According to Special Agent John Connolly, he filed reports 
prior to Brian Halloran's death noting that James ``Whitey'' 
Bulger claimed the Mafia was going to kill Halloran. (Shelley 
Murphy, Cases Disappear as FBI Looks Away, Boston Globe, July 
22, 1998).\739\

    May-June 1982: Supervisory Special Agent John Morris is 
sent to Georgia for a training program. He asks Special Agent 
John Connolly for money to bring his secretary-girlfriend 
along. Connolly gets $1000 in cash from James ``Whitey'' Bulger 
and Stephen ``The Rifleman'' Flemmi and gives it to Morris. 
Morris knows that the money came from Bulger and Flemmi. (U.S. 
v. Salemme, 91 F.Supp. 2d 141, 154 n.4, 210 (D. Mass. 
1999)).\740\

    Special Agent John Connolly informs James ``Whitey'' Bulger 
and Stephen ``The Rifleman'' Flemmi that John Callahan is being 
sought as a witness in the Wheeler investigation. (Connolly 
Indictment at 12).\741\

    6-30-82: A performance appraisal report of Supervisory 
Special Agent John Morris for the rating period of July 7, 
1981, to June 30, 1982, states, ``In the area of informant 
development and direction, he was directly involved in the 
development of one of the most valuable and highly placed Top 
Echelon Organized Crime informants. . . . As a direct result of 
Supv. Morris' managerial skills, he has developed and 
sustained, a program, the results of which are potentially the 
most significant fight against the LCN [La Cosa Nostra] in the 
New England area, even in the United States in recent 
history.'' \742\

    7-16-82: In a letter from FBI Director William Webster to 
Paul Rico, Webster thanks Rico for his role in the Alcee 
Hastings investigation.\743\

    8-4-82: John Callahan is found dead in his trunk in Miami. 
Callahan had apparently been dead for weeks. (U.S. v. Salemme, 
91 F.Supp. 2d 141, 211 (D. Mass. 1999)).\744\

    9-23-82: Administratively, Stephen ``The Rifleman'' is 
closed as an informant, but Flemmi is not told. (U.S. v. 
Salemme, 91 F.Supp. 2d 141, 211 (D. Mass. 1999)).\745\ [Note: 
He is reopened on July 10, 1986.]

    11-3-82: The Hartford Courant reports that the Justice 
Department organized a meeting of all involved federal and 
state agencies in Tulsa to trade information. Participants say 
nothing happened and it seemed as if federal officials were 
trying to learn what evidence the state and local agencies 
possessed. The Justice Department then asked for any 
information on Paul Rico because he was being called out of 
retirement to help in an undercover investigation of a federal 
judge in South Florida (Alcee Hastings). Everyone balked at the 
request for information on Rico. (Hartford Courant, Nov. 3, 
1982).\746\

    11-12-82: A performance appraisal for Special Agent John 
Connolly for the rating period of November 15, 1981, to 
November 12, 1982, states, ``SA Connolly's performance in this 
area . . . is truly exceptional. He independently has 
developed, maintained, and operated a corps of extremely high 
level and productive informants. His direction and their 
resultant information has [sic] brought about results exceeded 
by none in the Boston Division's Organized Crime Program. Most 
significantly, he skillfully developed a high ranking LCN [La 
Cosa Nostra] figure who is presently the only member source in 
New England and one of very few developed since enactment of 
legislation dealing with organized crime nearly two decades 
ago. His performance has been at the level to which all should 
aspire to attain but few will realistically reach.'' \747\

    12-16-82: In a letter from Supervisory Special Agent John 
Morris to Brian Callery, Chairman of the Massachusetts Parole 
Board, Morris says he forwarded copies of Callery's letter to 
the Suffolk County District Attorney and the Organized Crime 
Strike Force.\748\

    12-30-82: In a memorandum from Tammy E. Perry, Assistant to 
the Director, to the Massachusetts Advisory Board of Pardons, 
Perry reports that Joseph Salvati was found not guilty of 
charges that he was operating an illegal gambling ring inside 
Framingham Correctional Institute.\749\

                                  1983

    1-3-83: The Massachusetts Parole Board grants Peter Limone 
a commutation hearing.\750\

    1-27-83: Supervisory Special Agent (SSA) John Morris' 
letter, written by SSA James Ring, to Massachusetts Parole 
Board Chairman Brian Callery states the following about Peter 
Limone: ``Current law enforcement intelligence reflects that 
Peter Limone continues to be considered an important cog in the 
Boston Organized Criminal element. Should Mr. Limone be 
released, he would enjoy a position of elevated status within 
the Boston Organized Crime Structure.'' Morris' letter is a 
response to Callery's December 7, 1982, letter regarding 
Limone.\751\

    Feb. 1983-May 1986: In this time period, records show 46 
contacts between Stephen ``The Rifleman'' Flemmi and the FBI, 
even though Flemmi was administratively closed as a source in 
September 1982. (U.S. v. Salemme, 91 F.Supp. 2d 141, 211 (D. 
Mass. 1999)).\752\

    February 1983: James ``Whitey'' Bulger is elevated to Top 
Echelon informant status. (U.S. v. Salemme, 91 F.Supp. 2d 141, 
211 (D. Mass. 1999)).\753\

    3-31-83: Acting Supervisory Special Agent James Ring writes 
a memorandum to the Boston SAC stating, ``On 3/30/83, SA John 
Connolly, Jr. set up a meeting between [James] Ring, and SA 
Connolly with Secretary of Public Safety Charles Barry and 
Deputy Secretary of Public Safety Dennis M. Condon. Secretary 
Barry was advised that the FBI had received a letter from the 
Massachusetts Parole Commission concerning one Peter Limone[.] 
[T]he FBI responded . . . stating that current FBI intelligence 
indicated that Limone was an important member of organized 
crime[.] Barry stated that he would immediately look into the 
matter to insure that the Governor would be operating with a 
full set of facts and would be aware of the FBI's response to 
the Parole Board. Secretary Barry will also advise if there is 
any indication of any illegal activities or corruption 
connected with the attempted release of Limone.'' \754\

    April 1983: Oklahoma City authorities seek permission from 
the FBI Director to interview James ``Whitey'' Bulger and 
Stephen ``The Rifleman'' Flemmi about the Roger Wheeler murder. 
Assistant Special Agent in Charge Robert Fitzpatrick denies the 
request by saying he already interviewed Bulger concerning the 
Wheeler and John Callahan murders. (U.S. v. Salemme, 91 F.Supp. 
2d 141, 211 (D. Mass. 1983)).\755\

    4-22-83: Massachusetts Parole Board Investigator Joseph 
Williams submits a report regarding Peter Limone to the Parole 
Board. The report states that Williams ``would clearly call him 
[Limone] a member of the `Family' of organized crime here in 
Boston.'' \756\

    4-25-83: Suffolk County District Attorney Newman Flanagan 
writes to Brian Callery, Chairman of the Massachusetts Parole 
Board, to urge against clemency for Peter Limone. Flanagan says 
he is informed that Limone was, is, and will continue to be a 
close associate of organized crime figures.\757\

    4-27-83: Roy French executes an affidavit that states, ``I 
am stating for the record that Louis Greco and Henry Tameleo, 
Peter Limone were not in fact involved with me directly or 
indirectly in the shooting death of `Teddy Deegan,' on March 
12, 1965.'' \758\

    May 1983: Special Agent John Connolly urges the Boston SAC 
to reopen Stephen ``The Rifleman'' Flemmi as an informant 
because he voluntarily continues to provide high quality 
information. (U.S. v. Salemme, 91 F.Supp. 2d 141, 211 (D. Mass. 
1983)).\759\

    5-9-83: Jury selection begins in defendant Luigi 
Manocchio's trial for the murders of Rudolph Marfeo and Anthony 
Melei.\760\

    5-24-83: Assistant Attorney General for the State of Rhode 
Island David Leach signs an affidavit stating that he met with 
John J. ``Red'' Kelley on May 21, 1983, and that Kelley told 
him that certain portions of Kelley's prior testimony regarding 
the Marfeo/Melei murders were false. Such false portions 
include: (1) his prior testimony regarding promises, rewards, 
or inducements; (2) his prior testimony regarding the cutting 
down of the murder weapon; and (3) his prior testimony 
regarding the meeting outside the Gaslight Restaurant. (Leach 
Affidavit, May 24, 1983).\761\ According to a newspaper 
article, ``Leach says in his affidavit that Kelley has said 
several times before that the only thing he was promised in 
exchange for his testimony `was that his cooperation would be 
brought to the attention of the appropriate authorities.' But 
Kelley said last Saturday, according to Leach's affidavit, that 
the FBI `told him that he would be taken care of for life, and 
that he was bitter that that in fact was not done.' '' Karen 
Ellsworth, Witness Against Patriarca Says He Lied at Trial in 
'70, Providence Journal-Bulletin, May 28, 1983.\762\

    Detective Urbana Prignano signs an affidavit stating that 
he met with John J. ``Red'' Kelley on two occasions. He first 
met with Kelley in the presence of Leach. At that time, the 
three discussed certain discrepancies briefly, such as the 
Gaslight issue, Mr. Vendituoli's automobile, etc. Prignano also 
met with Kelley on May 23, 1983, at an undisclosed location. 
The following are relevant portions from the affidavit of that 
meeting: ``[I] said to Mr. Kelley, `You're supposed to be such 
a sharp person in planning criminal activities. I cannot 
believe that you would make such an error in saying that you 
met with people when you knew this building burned.' He then 
stated to me emphatically that he never knew that the Gaslight 
had burned. . . . He [Kelley] then rose from his seat and said 
to me, `I'm going to tell you something, but I'm going to deny 
I ever said it to you. I'll call you a liar.' He said, `The FBI 
suggested that I put Raymond [Patriarca] in front of the 
Gaslight the evening that I met with him.' I said, `I don't 
believe it.' He said, `I'm telling you the truth. Mr. [Paul] 
Rico, the FBI agent, suggested this to me.' I said, `Well, why 
did you go along with it?' He said, `Well, my life was in their 
hands', and he said, `What would you do?' And I did not answer 
that question. I then asked him, `Did the meeting ever take 
place?' He said, `Yes, it did take place.' I said, `Where?' He 
said, `It took place near a Brink's building.' I said, `I know 
of a Brink's counting place which is on Carpenter Street.' He 
also stated there was a large parking lot in that vicinity 
where he said, `I'll even tell you the car that Raymond pulled 
up in.' He said he came in a Lincoln Continental with a driver. 
I said, `Did you see the driver?' He said no. He said, `What 
happened down at the Gaslight actually happened in the vicinity 
of this Brink's building in a large parking lot.' We then went 
to other subject matters that were pertaining to this trial. I 
said, `John, what about the controversy over the weapons?' He 
said to me, `I have an armorer, Appleton. Does that answer your 
question?' I said, `Yes. I understand what you're telling me.' 
We left that subject matter, and I went back again to the 
Gaslight. I said, `I can't understand why the FBI agent would 
tell you that you met Raymond at the Gaslight.' He said, `I'll, 
give you my opinion why. I believe Rico wanted to show an 
affiliation between Raymond and the Gaslight.' '' He also 
stated that Rico's boss stated that the Government had spent 14 
to 15 million dollars up to this period of time and came up 
with a big zero, and he indicated with his finger. He also said 
that Rico told him to say that he and Raymond went into the 
Gaslight for a drink; but he stated to me, `I do not remember 
if I stated that in the Grand Jury or not.' '' \763\

    5-25-83: David Leach files an amended response to Luigi 
Manocchio's previously granted motion for promises, rewards and 
inducements. The State formally takes the position that 
notwithstanding prior representations of law enforcement 
personnel and John J. ``Red'' Kelley himself, ``At some point 
he [Kelley] was promised or led to believe by a federal agent 
that `I would be taken care of for the rest of my life.'' 
(Amended Answer to Promises, Rewards and Inducements. (May 25, 
1983)). In addition, the State gives the defense a Financial 
Disbursement Report from the U.S. Marshal's Service. The report 
was generated on May 6, 1983, and signed by the Chief of the 
Witness Security Division of the U.S. Marshal's Service on May 
10, 1983. The report indicates that Kelley was a member of the 
Witness Protection Program since May 1970 and that he was 
receiving alimentation payments in the form of subsistence, 
housing, medical, travel, documents, relocation, trial, and 
moving expenses from 1971 to 1982. He receives no less than 
$114,848.06 for his testimony.\764\

    6-1-83: In the trial of State v. Manocchio, under direct 
examination by Rhode Island Assistant Attorney General David 
Leach, John J. ``Red'' Kelley testifies that in exchange for 
his testimony at the Maurice ``Pro'' Lerner trial, he was to 
receive and did in fact receive a new identity, relocation to 
another part of the country, and subsistence allowance. Kelley 
admits to lying at the Lerner trial in 1970 and again at the 
[Raymond] Patriarca trial in 1972 about being promised a new 
identity, relocation and subsistence allowance. Kelley states 
that the reason he lied was because ``Agent [Paul] Rico told me 
I shouldn't tell all of these things because it looked like I 
was being paid; that I should just do as he said, and 
everything would come out all right.'' Kelley also testified at 
the Lerner trial that he cut down a shotgun for use in the 
murders. However, at the Manocchio trial, Kelley admitted that 
his armorer actually ``cut down'' the weapon. Kelley said Rico 
told him not to mention the armorer's role in the murders 
because the armorer was an important FBI informant that Rico 
wanted to keep on the streets in an effort to dismantle the 
Boston group of the Patriarca crime family. In addition, Kelley 
testified at the Lerner trial that the gang had a key meeting 
with Patriarca prior to the murders at a particular restaurant. 
However, at the Manocchio trial, Kelley admitted that the 
meeting did not take place at the restaurant he previously 
named. Kelley stated that Rico wanted him to put the meeting at 
that particular restaurant to establish a phony connection 
between Patriarca and the owner of the restaurant, effectively 
assisting Rico in his investigation against the restaurant 
owner. According to Kelley, the FBI had invested millions of 
dollars in trying to tie the owner of the restaurant to 
Patriarca, but up to that point, their investigation had not 
been successful. Rico apparently believed that Kelley's 
testimony about that particular restaurant would produce 
valuable circumstantial evidence against the restaurant owner. 
The Supreme Court of Rhode Island later grants a new trial to 
Lerner because of perjury. (Manocchio Trial Transcript 
(portions); Karen Ellsworth, Sciarra Given Term For Contempt, 
Providence Journal-Bulletin, June 3, 1983; Lerner v. Moran, 542 
A.2d 1089 (R.I. 1988).\765\

    6-2-83: Under cross-examination at the Luigi Manocchio 
trial by Manocchio's attorney Martin K. Leppo, John J. ``Red'' 
Kelley testifies that Paul Rico promised Kelley a new identity, 
that Kelley would be relocated to another part of the country, 
and that Kelley would be given a subsistence allowance from 
1970 to 1981. He also testifies that Rico kept all of these 
promises. However, Kelley did testify that Rico did not follow 
through with his promise that he would continue to give Kelley 
a place to live. Kelley also testified that Rico promised him 
that he would be taken care of for the rest of Kelley's life 
and Rico did not follow through on that. Kelley admitted to 
lying before the Grand Jury on more than one occasion and to 
other tribunals in the State of Rhode Island at the insistence 
of Rico. U.S. v. Salemme, 91 F.Supp. 2d 141, 183 (D. Mass. 
1999).\766\

    The Boston FBI Office sends a teletype to the FBI Director, 
marked to the attention of the Public Affairs Office of the 
Office of the Public Responsibility, Organized Crime Section. 
The message states that FBI cooperating witness John J. ``Red'' 
Kelley testified at the trial of Luigi Manocchio, who is 
allegedly involved in the Rudolph Marfeo/Anthony Melei murders, 
that he lied at the behest of Special Agent Paul Rico at the 
prior trials of the other defendants involved in the Marfeo/
Melei murders regarding promises made to Kelley in exchange for 
his testimony. Kelley also lied about the location of where an 
alleged meeting took place. The message further states that 
substantial news media attention is being given to the fact 
that Kelley lied in court at the behest of Rico. Handwritten 
notes on the message state: ``No action for OPR at present--
former employee allegedly involved. J. CID should handle.'' 
[Note: The Committee is notified on March 13, 2002, that the 
Office of Professional Responsibility ``found no record of an 
investigation of Mr. Rico in connection with these 
allegations.'' Further, a search of FBI indices uncovered no 
criminal investigative files suggesting that an investigation 
was undertaken by the FBI's Criminal Investigative Division, 
which includes the Organized Crime Section.] \767\

    6-13-83: A Superior Court finds Luigi Manocchio guilty on 
two charges of accessory before the fact and one charge of 
conspiracy to commit murder. (See Karen Ellsworth, Manocchio 
Guilty On All Charges in Mob Murders, Providence Journal-
Bulletin, June 14, 1983); State v. Manocchio, 496 A.2d 931 
(R.I. 1985)).\768\

    6-15-83: In a memorandum from the Boston SAC to the FBI 
Director, the SAC recommends that Supervisory Special Agent 
John Morris be censured for losing four FBI serials. The 
communications were teletypes entitled ``Narcotics Policy 
Matters; Implementation of Federal Task Force.'' \769\

    7-1-83: In a letter from U.S. Attorney William Weld to 
Brian Callery, Chairman of the Massachusetts Parole Board, Weld 
urges the rejection of Peter Limone's commutation petition. 
Weld refers to communications from the FBI and Suffolk County 
District Attorney's office ``which you have already received.'' 
Weld cites the fact that the ``best information'' indicates 
that Limone will assume control of the Boston Organized Crime's 
day-to-day operations if released.\770\

    7-12-83: James F. Ring, a legal assistant at Bingham, Dana 
& Gould, finishes World Jai Alai: A Chronology. This 196 page 
report takes the position that the World Jai Alai organization 
had been treated unfairly by a variety of investigators.\969\

    7-15-83: Maurice ``Pro'' Lerner files an application for 
post-conviction relief in Rhode Island Superior Court based on 
John ``Red'' Kelley's perjurious testimony at Lerner's trial in 
1970, claiming in part that Kelley ``admitted under oath that 
he testified falsely at [Lerner's] trial and that he knew, and 
the FBI, through its agent, knew that his testimony at 
[Lerner's] trial was false and perjurious.'' \771\

    7-25-83: A letter from Clyde Groover, Jr., Assistant 
Director of the Admin. Services Division, to Supervisory 
Special Agent John Morris states, ``Careful consideration has 
been given to the information furnished concerning the loss of 
FBI documents which were charged to your custody. It is 
apparent that you failed to exercise sufficient care to 
adequately safeguard this Government property. In the future, 
you will be expected to be more careful in handling Bureau 
property entrusted to you so that there will be no recurrence 
of a dereliction such as this.'' \772\

    8-1-83: In a 5-2 vote, the Massachusetts Parole Board votes 
to grant a commutation to Peter Limone. The two dissenting 
members, Brian Callery and Michael Magruder, vote against 
Limone's commutation because the Suffolk County District 
Attorney's Office, the U.S. Attorney's Office, and the FBI 
reported that Limone is and will continue to be an important 
member of organized crime. Shelley Murphy, Parole Panelists 
Cite Retaliation After Vote, Boston Globe, June 19, 2001.\773\

    8-24-83: Luigi Manocchio is sentenced for a period of two 
consecutive life sentences, plus ten years, in the custody of 
the Warden of the Adult Correctional Institutions. (See Tracy 
Breton, Manocchio Gets 2 Life Terms for Gangland Slaying, 
Providence Journal-Bulletin, Aug. 25, 1983).\774\

    8-25-83: A prosecution memorandum from Jeremiah T. 
O'Sullivan to David A. Margolis Chief of the Organized Crime 
and Racketeering Section of the Department of Justice in 
Washington, D.C, requests permission to indict Jerry Angiulo 
and his principal associates (five Angiulos, Zannino and 
Granito), including three Capo Regimes, for their role in 
several murders, including the murders of Walter Bennett, 
William Bennett and Joseph Barboza. The following are important 
points made in this memorandum. Numbers in parentheses coincide 
with page numbers in the memorandum. [Note: The original 
memorandum is not appended to the Committee's chronology and is 
retained in Justice Department files.] Discusses indictment of 
five Angiulos, Zannino and Granito. Two pages on the Bratsos/
DePrisco murders were redacted. Discusses the Walter and 
William Bennett murders. Walter Bennett held Larry Zannino 
responsible and was going to kill Zannino with the assistance 
of Flemmi and Salemme. The memorandum further states, 
``Unfortunately for Bennett, Flemmi and Salemme were secretly 
aligned with Patriarca and the L.C.N. and were under orders to 
kill Bennett when he made a ``move'' on Zannino.'' (14) Flemmi, 
Salemme and Patriarca, along with Richard Grasso, Robert 
Daddieco and Hugh Shields, were listed as unindicted co-
conspirators in the William Bennett murder. (14) The memorandum 
continues, ``While it is widely known that the Boston L.C.N., 
through Salemme and Flemmi, were responsible for [Richard] 
Grasso's murder, there does not exist at this time sufficient 
proof to allege it as a predicate offense.'' (15) The 
memorandum also states, ``Francis Salemme and Stephen Flemmi 
were charged with being accessories and co-conspirators to this 
murder [William Bennett]. However, at the time of the state 
trial, they were fugitives. Daddeico subsequently refused to 
testify against Flemmi and the charges were then dismissed.'' 
(105) The memorandum mentions a wiretapped telephone call from 
Stephen Flemmi to Gennaro Angiulo where Flemmi indicates he was 
present at the murder of William Bennett. (108) The memorandum 
continues, ``Barboza was placed in the witness protection 
program under the name Joseph Bentley and relocated to the San 
Francisco, California, area in 1969. . . . Barboza was removed 
from the witness protection program when indicted on the murder 
charge.'' (117) The William Bennett murder was prosecuted in 
Suffolk County in the early 1970s. Daddeico testified against 
Hugh Shields and William Stuart (and Grasso, who was already 
dead). Flemmi and Salemme were charged, and Daddeico later 
refused to testify against Flemmi. Intercepted conversations 
were redacted--for example, at page 106. [Note: There are 
numerous sections redacted for ``witness not previously 
identified.'' This makes it very difficult to review the 
documents.] Chuck Hiner was prepared to testify that in July of 
1976 he and Sharliss agreed to record a telephone call between 
Sharliss and Russo.

    9-12-83: In a letter from U.S. Attorney William Weld to 
Governor Michael Dukakis, Weld urges the rejection of Peter 
Limone's commutation request. Weld writes, ``Confirming our 
conversation of earlier today, it is the understanding of this 
office and of the Boston Organized Crime Strike Force that top-
level members of organized crime in Boston desire to have Peter 
Limone assume charge of the day-to-day operations of organized 
crime in this area[.] The Federal Bureau of Investigation, the 
Suffolk County District Attorney, and [the U.S. Attorney's 
Office] all submitted letters to the Massachusetts Parole Board 
regarding Mr. Limone's petition.'' \775\

    November 1983: FBI Special Agents Montanari and Brendan 
Cleary interview James ``Whitey'' Bulger and Stephen ``The 
Rifleman'' Flemmi about the Roger Wheeler and John Callahan 
murders. Bulger and Flemmi deny any involvement, but refuse 
polygraphs and object to be photographed. (U.S. v. Salemme, 91 
F.Supp. 2d 141, 212 (D. Mass. 1999)).\776\

                                  1984

    January 1984: The Boston Globe reports that James 
``Whitey'' Bulger, Stephen ``The Rifleman'' Flemmi, and Kevin 
Weeks forced Stephen and Julie Rakes to sell them the Rakes' 
liquor store in South Boston for $67,000. (Shelley Murphy, 
Cases Disappear as FBI Looks Away, Boston Globe, July 22, 
1998).\777\

    Joseph Lundbloom of the Boston Police Department tells 
Special Agent John Connolly of the extortion of the Rakes 
family. Connolly says the FBI would probably not act unless 
Rakes agreed to wear a wire. Connolly fails to report the 
information he learned from Lundbloom. (Connolly Indictment, 8-
9). Several days after Lundbloom speaks to Connolly, Bulger 
allegedly tells the Rakes that he knew of their contact with 
the FBI and told them to ``back off.'' (Shelley Murphy, Cases 
Disappear as FBI Looks Away, Boston Globe, July 22, 1998).\778\

    1-11-84: In a letter from FBI Director William Webster to 
Supervisory Special Agent John Morris, Webster commends Morris 
for his ``significant achievements in connection with the 
`Bostar' investigation'' and encloses an incentive award for 
his achievements.\779\ [Note: ``Bostar'' refers to the bugging 
of 98 Prince Street in Boston, which targeted Jerry Angiulo and 
the top tier of Boston's Mafia. See Dick Lehr & Gerard O'Neil, 
Black Mass 93, 119 (2000).]

    2-12-84: An informant tells the FBI that Bobby Daddeico 
called Stephen ``The Rifleman'' Flemmi and told him that two 
``Feds'' had visited him and wanted him to be a witness against 
the Angiulos and Larry Baione. Daddeico said he ``would not 
testify under any circumstances and if he was brought back he 
might have some things to say which the authorities would not 
want to hear.'' The write up of the FBI document goes on to say 
that ``he [Daddeico] has a lot of guilt over what he did to 
Frankie Salemme even though Frankie had it coming.'' He also 
said that he would not hurt Flemmi.\780\ [Note: The Boston 
Herald reports, ``Charges against Flemmi were dropped when a 
key government witness, Robert Daddeico, disappeared. 
Daddeico's disappearance also forced the government to drop 
murder charges against Salemme and Flemmi for the gangland 
slaying of William `Billy' Bennett of Mattapan.'' Shelley 
Murphy, Playing Both Sides Pays Off; Flemmi Tight with Italians 
and Irish, Boston Herald, Apr. 23, 1993.] \781\

    6-22-84: In Peter Joseph Limone and Louis Greco v. 
Commonwealth, No. 94-223, 94-224, (S.J. Ct. Suffolk County, 
June 22, 1984), the Court holds, ``The information in the Evans 
report identifies an entirely different set of killers. If 
disclosed and properly developed, the information could have 
had considerable relevance to the credibility of Baron's 
testimony which was at the core of the Commonwealth's case, and 
it would have supported the defendants' alibi and other 
defenses. Quite simply, the jury might have concluded that a 
reasonable doubt existed as to Baron's identification of the 
killers and their activities, which doubt necessarily, would 
have included Limone and Grieco [sic]. I am not dissuaded from 
this view as to Grieco [sic] by the somewhat ambiguous 
identification testimony of [Anthony] Stathopoulos and Mr. 
[John] Fitzgerald's testimony.'' Thus, the Court ordered the 
applications for leave to appeal by Limone and Greco from the 
denial of their motions for new trial be allowed in part.\782\

    7-11-84: A letter from Ronald Cassesso to ``The Review 
Committee'' states, ``I am telling you unequivocally that Mr. 
[Louis] Greco was not even in the state of Massachusetts during 
any of the time periods testified to by Mr. [Joseph Barboza] 
Baron. . . . I, myself, would be willing to submit to a 
polygraph examination relative to Mr. Greco's involvement.'' 
\783\

    7-18-84: Jack Zalkind writes to the Massachusetts Parole 
Board recommending a commutation for Louis Greco.\784\

    November 1984: John McIntyre is murdered after he told the 
FBI that James ``Whitey'' Bulger and Stephen ``The Rifleman'' 
Flemmi were in a plot to ship guns to the IRA. (U.S. v. 
Salemme, 91 F.Supp. 2d 141, 215 (D. Mass. 1999)).\785\

    1984-85: A DEA Title III investigation, targeting James 
``Whitey'' Bulger and Stephen ``The Rifleman'' Flemmi, is 
frustrated. (U.S. v. Salemme, 91 F.Supp. 2d 141, 150 (D. Mass. 
1999)).\786\

                                  1985

    1985: At a dinner at Supervisory Special Agent John Morris' 
home, Morris, in Special Agent John Connolly's presence, tells 
James ``Whitely'' Bulger and Stephen ``The Rifleman'' Flemmi 
that they would not be prosecuted for anything on the 98 Prince 
Street tapes. In addition, Morris tells them, ``[Y]ou can do 
anything you want as long as you don't `clip' anyone.'' (U.S. 
v. Salemme, 91 F.Supp. 2d 141, 152 (D. Mass. 1999)).\787\

    8-6-85: Luigi Manocchio's judgments of conviction are 
vacated. State v. Manocchio, 496 A.2d 931 (R.I. 1985) (On April 
21, 1986, the U.S. Supreme Court, in Rhode Island v. Manocchio, 
106 S.Ct. 1627 (1986), grants a petition for writ of 
certiorari, vacates the August 6, 1985, judgment, and remands 
the case to the Supreme Court of Rhode Island to analyze in 
light of Delaware v. Van Arsdall, 475 U.S. 673 (1986), a case 
discussing harmless error. The Supreme Court of Rhode Island 
vacated the judgments of conviction on April 6, 1987; this time 
in light of a harmless-error analysis. State v. Manocchio, 523 
A.2d 872 (R.I. 1987).\788\

    10-7-85: San Francisco District Attorney General Arlo Smith 
through Eugene Sweeters, states that in exchange for Theodore 
Sharliss' complete and truthful testimony in United States v. 
Gennaro J. Angiulo, et al., Sharliss will not be prosecuted by 
California for his role in the murder of Joseph Barboza.\789\

    10-13-85: The Press Democrat reports that in preparation 
for Gennaro Angiulo's trial, his attorney Anthony Cardinale, 
tells the press that federal authorities were trying to link 
Angiulo to the assassination of Joseph Barboza. (Bony Saludes, 
Underworld's Bloody Link to S[anta] R[osa], Press Democrat 
(Santa Rosa, CA), Oct. 13, 1985).\790\

    11-12-85: Specialist Russell Davey gives latent print 
testimony in federal court in Boston. According to an FBI 
memorandum regarding Ted Sharliss and Joseph Barboza, ``Davey 
testified that two latent fingerprints developed on . . . a 
Hilton Hotel Registration card[,] are the finger impressions of 
Joseph Anthony Russo[.]'' (FBI memorandum from R. Gilbarte to 
Mr. York (Nov. 13, 1985)).\791\

    11-12-85: Joseph Salvati files a petition for a commutation 
hearing with the Massachusetts Parole Board.\792\

                                  1986

    1986: According to Judge Wolf's decision, ``With continued 
assistance from [Stephen] Flemmi and [James ``Whitey''] Bulger, 
the FBI used the evidence intercepted there to develop a case 
which secured the convictions, in 1986, of [Jerry] Angiulo, 
[Ilario] Zannino and much of the rest of the leadership of the 
LCN [La Cosa Nostra] in Boston.'' ((U.S. v. Salemme, 91 F.Supp. 
2d 141, 152 (D. Mass. 1999)).\793\

    1-6-86: The Massachusetts Parole Board grants Joseph 
Salvati a commutation hearing.\794\

    2-4-86: In a letter from the Massachusetts Parole Board to 
Boston SAC James Greenleaf, the Massachusetts Parole Board 
requests information about Joseph Salvati because the Board is 
considering a petition filed by Salvati for commutation of a 
life sentence that he is serving for the crime of murder. The 
Massachusetts Parole Board sends similar letters to Michael V. 
Fair, Commissioner of the Department of Corrections; Frank 
Trabucco, Commissioner of the Department of Public Safety; and 
Newman Flanagan, Suffolk County District Attorney.\795\

    2-26-86: Jerry Angiulo is found guilty on RICO charges. 
(Jury Finds Mafia Boss Guilty, Press Democrat (Santa Rosa, CA), 
Feb. 27, 1986).\796\

    3-24-86: A letter from Boston SAC James Greenleaf and 
signed by Supervisory Special Agent James Ring to Jack Curran, 
Chairman of the Massachusetts Parole Board regarding the 
Board's request for information on Joseph Salvati states, 
``Concerning Joseph Salvati, investigation by the FBI and 
Massachusetts State Police placed Salvati in contact with Frank 
Oreto during November and December of 1985, and particular 
details regarding a meeting between these two individuals in 
the vicinity of the Museum of Fine Arts in Boston has already 
been provided to you by the Massachusetts State Police and is 
therefore not being reiterated. I hope that this information 
will assist you in carrying out your duties as Chairman of the 
Massachusetts Parole Board.'' \797\

    April 1986: A federal indictment is returned against John 
McIntyre, seventeen months after his disappearance.\798\

    7-15-86: State prosecutor [Name Redacted by Committee] 
gives Bobby Daddeico $500.\799\

    12-1-86: Seven members of the Massachusetts Parole Board 
vote to deny Joseph Salvati's petition for a commutation 
hearing. All seven point to the receipt of information from the 
FBI that Salvati met with Frank Oreto as the reason for their 
denial.\800\

    1986 or 1987: Supervisory Special Agent John Morris accepts 
$5000 cash from James ``Whitey'' Bulger and Stephen ``The 
Rifleman'' Flemmi, with Special Agent John Connolly's 
involvement. (Connolly Indictment at 7-8).\801\

    FBI Special Agent James J. Lavin III testifies that he 
ignored evidence that city workers erected guardrails on 
private property outside the South Boston liquor store 
controlled by James ``Whitey'' Bulger after Special Agent John 
Connolly reminded him that Bulger was an indispensable 
informant. (Shelley Murphy, Cases Disappear as FBI Looks Away, 
Boston Globe, July 22, 1998).\802\

                                  1987

    1987: Nadine Pellegrini, Assistant Massachusetts Attorney 
General, writes a memorandum to Sydney Hanlon, Chief of the 
Narcotics Division on an unknown date, presumed to be in 1987. 
The memorandum concerns the upcoming Peter Limone commutation 
hearing stating, ``[T]he FBI and State Police have informant 
information which is `fairly solid', according to [Jeremiah] 
O'Sullivan, that Limone continues his loan sharking operations 
from prison with the help of his brother. Limone and his family 
continue to receive income from this operation. O'Sullivan 
further indicated that there would be no problem using such 
information as a basis for a public statement.'' \803\

    The Massachusetts Parole Board votes a second time on Louis 
Greco's commutation request. Jack Curran, who voted against 
commutation for Greco the first time, approves a commutation 
this time. Robert Gittens, who allegedly said he would 
recommend a commutation to Governor Dukakis when he served as 
the Governor's Deputy Legal Counsel in 1984, now, as a member 
of the Board, votes against Greco's commutation.\804\

    1-15-87: Associate Justice Bulman of the Superior Court of 
Rhode Island issues an opinion denying Maurice ``Pro'' Lerner's 
application for post-conviction relief. In denying Lerner's 
application, ``[T]he Court finds that witness John J. Kelley 
committed perjury in the 1970 trial of the captioned 
indictments before this Court: 1. In failing to disclose, when 
asked, the full extent of the promises made him by federal 
agent Rico[;] 2. In claiming he alone altered the murder 
weapons[;] 3. In describing the meeting outside the Gaslight 
Restaurant[;] and[,] 4. As to the color of Vendituoli's 
automobile.'' (Lerner v. Moran, No. PM833005 (R.I. Superior 
Ct., Jan. 15, 1987)).\805\

    March 1987: James ``Whitey'' Bulger tells South Boston 
realtor Raymond Slinger that someone hired him to kill Slinger. 
Bulger tells Slinger he will not kill him if Slinger gives 
Bulger $50,000. Agents John Newton and Roderick Kennedy fail to 
document or follow up on realtor Raymond Slinger's claim. (U.S. 
v. Salemme, 91 F.Supp. 2d 141, 250-51 (D. Mass. 1999)).\806\

    4-6-87: Under a harmless error analysis, judgments of 
conviction are vacated for Luigi Manocchio. State v. Manocchio, 
523 A.2d 872 (R.I. 1987).\807\

    June 1987: The Massachusetts Parole Board votes to grant 
Peter Limone a second commutation hearing.\808\

    8-28-87: A commutation hearing is scheduled for Peter 
Limone. Barbara D. Johnson, Pardons Coordinator, sends a letter 
to Massachusetts Attorney General James Shannon inviting him to 
attend or submit his viewpoint.\809\

    10-19-87: Boston SAC James Ahearn writes a letter to John 
J. Curran, Jr., Chairman of the Massachusetts Parole Board, 
regarding Peter Limone. The letter details Limone's contacts 
with members of organized crime. Ahearn's letter is a response 
to Curran's request for information concerning Limone.\810\

    10-28-87: Boston SAC James Ahearn writes a second letter to 
John J. Curran, Jr., Chairman of the Massachusetts Parole 
Board, regarding Peter Limone. This letter provides additional 
information about Limone's contacts with members of organized 
crime that was previously under seal and impounded by the U.S. 
District Court.\911\

    11-16-87: The Massachusetts Parole Board unanimously denies 
Peter Limone executive clemency.\812\

                                  1988

    1-20-88: When being considered for the federal bench, Judge 
Edward F. Harrington writes to Delaware Senator Joseph Biden, 
Chairman of the Senate Judiciary Committee. He states, ``As a 
public prosecutor, I developed such significant accomplice 
witnesses as Joseph Baron, Vincent Teresa, `Red' Kelley, 
William Masiello and many others whose use as witnesses I 
always made available to local prosecutorial authorities. 
Cooperation with local law enforcement was my hallmark.'' \813\

    1-29-88: Edward Harrington writes a second letter to 
Delaware Senator Joseph Biden stating, ``I never used an 
accomplice witness unless I was convinced that he was telling 
the truth and his testimony had been corroborated to the 
fullest extent possible. Nor did I ever condone any wrongdoing 
on any witness' part.'' \814\

    1988-89: Winter Hill member Joseph Murray approaches the 
FBI and implicates James ``Whitey'' Bulger and Patrick Nee in 
the Brian Halloran and Michael Donahue murders. Murray also 
alleges that Agents John Connolly and John Newton and others 
are selling information on law enforcement activities to Bulger 
and Stephen Flemmi. (U.S. v. Salemme, 91 F.Supp. 2d 141, 256-58 
(D. Mass. 1999)).\815\

    1988: At Special Agent John Connolly's request, Stephen 
Flemmi begins to provide information on Francis ``Frank'' 
Salemme, who was just released from prison for the John 
Fitzgerald car bombing. (U.S. v. Salemme, 91 F.Supp. 2d 141, 
153 (D. Mass. 1999)).\816\

    Supervisory Special Agent John Morris warns James 
``Whitey'' Bulger and Stephen Flemmi that the FBI has tapped 
the phone of a Roxbury bookmaker, John Baharoian, who worked 
for them. Indictments result from the wiretap, but do not 
include Bulger or Flemmi. (Shelley Murphy, Cases Disappear as 
FBI Looks Away, Boston Globe, July 22, 1998).\817\

    Agent James Blackburn testifies that he never pursued 
allegations that James ``Whitey'' Bulger was shaking down a 
South Boston drug dealer after Special Agent John Connolly told 
him it was not true. (Shelley Murphy, Cases Disappear as FBI 
Looks Away, Boston Globe, July 22, 1998).\818\

    Francis ``Frank'' Salemme was ``made'' in the Mafia after 
his release from prison, reportedly achieving the rank of Capo 
Regime, or Underboss, in the Patriarca family. (Jules 
Crittenden and Ralph Ranalli, Alleged Mob Boss Left Behind 
Bloody Trail, Boston Herald, Aug. 13, 1995).\819\

    June 1988: Supervisory Special Agent John Morris learns of 
a federal wiretap on telephones used for illegal gambling 
activity and tells Special Agent John Connolly. Connolly 
arranges a meeting between himself, Morris, James ``Whitey'' 
Bulger, and Stephen Flemmi so Morris could directly advise them 
of the wiretap. (Connolly Indictment at 13-14).\820\

    6-10-88: The Rhode Island Supreme Court vacates Maurice 
``Pro'' Lerner's conviction. The Court held ``that Kelley's 
perjury at Lerner's trial relating to the extent of promises 
made to Kelley by the FBI in exchange for his testimony and 
Special Agent Rico's corroboration of that perjury were 
material to Kelley's credibility and therefore to the issue of 
Lerner's guilt.'' The Court ruled that ``Kelley's perjury, 
elicited by the FBI, constituted material exculpatory evidence 
withheld in violation of the applicant's due process rights.'' 
See Lerner v. Moran, 542 A.2d 1089, 1091, 1093 (R.I. 
1988).\821\

    8-8-88: The Massachusetts Parole Board writes a letter to 
Boston SAC James Ahearn requesting an update on the status of 
the FBI's investigation of the contacts between Frank Oreto and 
Joseph Salvati.\822\

    10-17-88: Joseph Salvati applies for a commutation hearing 
with the Massachusetts Parole Board.\823\

                                  1989

    3-14-89: The Massachusetts Parole Board votes six to one in 
favor of granting Joseph Salvati a commutation hearing.\824\

    3-29-89: The Boston Globe reports, ``Seven persons, 
including prominent Boston defense attorney Joseph J. Balliro, 
have been indicted by a federal grand jury on charges of 
conspiring to conceal millions of dollars of a Mafia drug 
kingpin's profits from the Internal Revenue Service in false 
companies established in the Bahamas, Panama and the United 
States. The 37-page indictment was handed down last Thursday,'' 
March 23, 1989, and is unsealed today. (Elizabeth Neuffer, 
Balliro Among Seven Indicted, Boston Globe, Mar. 30, 
1999).\825\

    March 1989: A warrant issued for the arrest of Stephen 
Flemmi and Francis ``Frank'' Salemme for the murder of Peter 
Poulos is recalled.\826\

    June 1989: Agents Edward Clark and Edward Quinn interview 
Joseph Murray, but do not ask about the allegations he made 
that: (1) FBI Agents John Connolly and John Newton were selling 
information regarding wiretaps, to James ``Whitey'' Bulger and 
Stevie Flemmi; and (2) James ``Whitey'' Bulger and Pat Nee 
murdered Brian Halloran and Bucky Barrett. (see 1988-89 entry). 
However, a subsequent memorandum drafted from Assistant SAC 
Dennis O'Callahan to FBI headquarters states that Murray's 
allegations were unsubstantiated. Murray's information is not 
provided to agents working on the Brian Halloran investigation. 
(U.S. v. Salemme, 91 F.Supp. 2d 141, 256-58 (D. Mass. 
1999)).\827\

    6-7-89: In a letter from Leonard J. Henson, Assistant 
District Attorney of Suffolk County and Chief of the Organized 
Crime Division, to Supervisory Special Agent James Ring, Henson 
advises Ring of the upcoming commutation hearing for Joseph 
Salvati. Henson asks the FBI for ``any information that your 
office has with regard to Mr. Salvati's involvement with the 
Deegan murder as well as his past and present status with 
organized crime elements in the area.'' A notation at the 
bottom states that information previously had been submitted to 
the Board of Pardons by Special Agent Ring.\828\

    6-16-89: Connecticut crime boss William Grasso is murdered. 
Many experts on the Mafia say that Grasso, who was found shot 
to death along a bank of the Connecticut River outside 
Hartford, would not have been killed without the authorization 
of the New York families. Grasso was considered to be the 
second highest ranking Mafioso in New England behind Raymond 
Patriarca, Jr. Yet, some believe Grasso was the real power 
while Patriarca serves mainly as titular head. (Matthew Brelis, 
U.S. to Seek Longer Term for Patriarca, Boston Globe, Mar. 14, 
1992; Kevin Cullen, Two Seen as Likely Replacements for Grasso 
as Leader in Mob, Boston Globe, June 19, 1989).\829\

    7-14-15-89: Special Agent Paul Rico testifies at a Senate 
Impeachment Trial Committee hearing on the articles of 
impeachment filed against U.S. District Court Judge Alcee 
Hastings. Rico testifies about his involvement in the Hastings' 
investigation.\830\

    8-14-89: Former Suffolk County Assistant District Attorney 
Jack Zalkind recommends commuting Joseph Salvati's sentence for 
a third time. He refers to his earlier letter of March 12, 
1979.\831\

    8-15-89: Retired Boston Police Detective Frank Walsh 
recommends commuting Joseph Salvati's sentence for a third 
time. He refers to his earlier letter of March 15, 1979.\832\

    8-16-89: Suffolk County District Attorney Newman Flanagan 
opposes commuting Joseph Salvati's sentence.\833\

    8-21-89: Joseph Salvati appears before the Massachusetts 
Parole Board in a commutation hearing.\834\

    9-18-89: A prosecution memorandum from Diane M. Kottmyer, 
Chief Attorney, Boston Strike Force, to David Margolis, Chief, 
OC&RS Criminal Division, discusses a proposed indictment of 
Russo, Carrozza, Baione, Ferrara, LePore, Mercurio and Tortora. 
The following are important points made in this memorandum. 
Numbers in parentheses coincide with page numbers in the 
memorandum. [Note: The original memorandum is not appended to 
the Committee's chronology and is retained in Justice 
Department files.] The memorandum charges an array of criminal 
activity. The memorandum states, ``In exchange for protection 
and a new identity, Barboza agreed to become a government 
witness.'' (60) The memorandum continues, ``Following his 
testimony Barboza entered the witness protection program and 
was relocated to San Francisco under the name of Joseph 
Bentley. Barboza was expelled from the program when he was 
indicted in 1970 on murder charges.'' (60) Sharliss will 
testify at trial that Russo offered him $25,000 to kill 
Barboza. (61)

    10-29-89: Raymond Patriarca, Jr., presides over a Mafia 
induction ceremony held in Medford, Massachusetts. The 
induction ceremony is secretly tape recorded by the FBI 
pursuant to a court order. (Former Patriarca Boss Sentenced to 
an Eight-Year Term, PR Newswire, June 17, 1992). The tape, 
believed to be the first ever recording of a mafia induction 
ceremony, is the cornerstone in the racketeering case against 
reputed organized crime boss Raymond Patriarca, Jr., and six 
other defendants. The tape is secretly recorded in a clapboard 
house at 34 Guild Street in Medford, where four inductees take 
a blood oath to kill anyone who violated the organization's 
secrecy, federal authorities say. (Prosecutor Defends Mafia 
Ceremony Tape as Evidence, Telegram & Gazette (Worcester, MA), 
Mar. 26, 1991).\835\

    11-30-89: The Massachusetts Parole Board informs Boston SAC 
James Ahearn that a hearing was held on Joseph Salvati's 
commutation. The Board states that Salvati's relationship with 
Frank Oreto was a question at the hearing and that the Board 
was aware of contacts between Salvati and Oreto in 1986. The 
Board requests information from the FBI about Salvati's 
relationship with Oreto.\836\

    12-1-89: James Ahearn, the Boston SAC, writes a letter to 
John Curran, Chairman of the Massachusetts Parole Board, in 
response to the Board's November 30, 1989, letter requesting 
information about a relationship between Joseph Salvati and 
Frank Oreto. Ahearn writes that Salvati was intercepted on 
telephone lines seven times from January 1985 to January 1986. 
Ahearn also writes that Marie Salvati met with Oreto on 
November 9, 1985. The FBI concludes that Salvati had no 
ownership or managerial relationship with Oreto's loanshark 
business and that Marie Salvati probably met with Oreto to 
borrow money.\837\

    12-8-89: The Massachusetts Parole Board votes 5-0 to 
approve clemency for Joseph Salvati.\838\

                                  1990

    1990: A raid by the DEA, Suffolk County Organized Crime 
Squad, and the IRS on the South Boston Liquor Mart extorted 
from the Rakes by James ``Whitey'' Bulger and Stephen Flemmi 
reveals a receipt indicating the FBI bought liquor there at 
discount prices for its Christmas party. The receipt indicates 
that the liquor was bought by Agent ``Dick Baker (friend of 
John Connolly).'' (Shelley Murphy, Cases Disappear as FBI Looks 
Away, Boston Globe, July 22, 1998).\839\

    3-26-90: The Boston Globe reports, ``In what federal 
authorities called an `unprecedented assault' on the leadership 
of the New England Mafia, federal authorities have indicted 
alleged Mafia boss Raymond J. (Junior) Patriarca and 20 reputed 
members of the Patriarca crime family in three states on 
charges including racketeering, illegal gambling, extortion, 
drug trafficking and murder. The indictments, unsealed [on 
March 26], effectively accuse almost all of the Patriarca crime 
family's reputed top leaders, charging alleged Patriarca 
underboss Nicholas L. Bianco, consigliere, or adviser, Joseph 
A. (J.R.) Russo and four of the organization's six reputed 
lieutenants with a pattern of crimes that span the past 15 
years. Federal authorities said . . . that the indictments 
resulted from five years worth of investigation that utilized 
federal undercover agents, electronic surveillance and 
cooperating witnesses. (Elizabeth Neurer, Indictment Aimed at 
Mob Net Patriarca, 20 Others, Boston Globe, Mar. 27, 
1990).\840\

    4-9-90: Joseph J. Balliro is acquitted in federal court by 
Judge Edward Harrington of helping a fugitive and reputed 
mobster evade income taxes. The Boston Globe reports that 
``Balliro had been charged with helping Salvatore Michael 
Caruana, whom he sometimes represented, evade federal income 
taxes by helping him invest in the Islander Hotel in the 
Bahamas.'' (Paul Langner, Balliro Cleared of Aiding Tax 
Evasion; Charge Dismissed Against Lawyer, Boston Globe, Apr. 
10, 1990). According to Balliro's attorney, Richard M. Egbert, 
his successful representation of fellow defense attorney Joseph 
Balliro was his ``proudest moment.'' Matthew Brelis, Lawyer 
Defends His Choice of Clients, Boston Globe, Dec. 12, 
1993.\841\

    6-25-90: The Massachusetts Parole Board unanimously denies 
Peter Limone a commutation hearing.\842\

    8-16-90: A memorandum from Weldon Kennedy to FBI Director 
Sessions states that Supervisory Special Agent John Morris 
received a letter of censure, one-year's probation, and 
fourteen days suspension without pay for his involvement in the 
unauthorized disclosure of information to the Boston Globe. 
Special Agent John Connolly receives a letter of censure for 
the same offense. Morris' discipline is based on the conclusion 
that he had made unauthorized disclosures of information to a 
local newspaper reporter and failed to be forthright on certain 
related issues. With regard to Connolly, Connolly had imposed 
upon Morris to initiate an unauthorized contact with Morris' 
Boston Globe reporter.\843\

    December 1990: Special Agent John Connolly retires from the 
FBI.\844\

    1991: Seventeen months after approving Joseph Salvati's 
clemency petition, the Massachusetts Parole Board forwards its 
recommendation to Governor William Weld.\845\

    November 1991: Supervisory Special Agent John Morris leaves 
the Boston Office. (See March 1972 entry).\846\

    11-25-91: Agent Jean F. Wynn writes a memorandum the Boston 
SAC regarding Angelo Marotta, Joseph Salvati's first cousin. 
Wynn observed Marotta standing near a window, making phone 
calls, and seeming very alert to others walking by to the 
``extent of seeming `surveillance conscious.' '' Wynn notes 
that Salvati is a first cousin of Marotta and that during a 
letter writing campaign Marotta was able to obtain a favorable 
letter from State Department of Corrections Official Michael 
Fair. In 1989, Fair was hired as president of Marotta 
Companies.\847\

    December 1991: Raymond Patriarca, Jr., whose father founded 
the New England Patriarca crime family, pleads guilty to 
conspiracy and racketeering charges. (Reputed Mobsters Admit 
Racketeering, Tulsa Tribune, Jan. 23, 1992).\848\

                                  1992

    1-22-92: Joseph Russo pleads guilty to the murder of Joseph 
Barboza. Five accused members of New England's largest crime 
family plead guilty in Boston to racketeering, kidnapping and 
murder charges but deny that they belonged to the Mafia. On the 
day their trial is to start, a daylong change of plea hearing 
is held and guilty pleas are offered by Joseph Russo, Vincent 
Ferrara, Robert Carroza, Dennis LePore, and Carmen Tortora. 
Russo receives a sentence of sixteen years imprisonment and 
must forfeit $758,000. Vincent Ferrara receives twenty-two 
years and wins immunity from prosecution for murder and 
attempted murder. He is ordered to pay $1.1 million. Robert 
Carrozza is given nineteen years and ordered to pay $878,200. 
Dennis Lepore receives fourteen years and will have to pay 
$766,700. Finally, Carmen Tortora is given thirteen years and 
will have to pay $2,000. (See Nation Briefly, Orange County 
Register, Jan. 23, 1992; U.S. v. Salemme, 91 F.Supp. 2d 141, 
151-152 (D. Mass. 1999)).\849\

    6-17-92: The former Boss of the Patriarca Family is 
sentenced to an eight-year term of imprisonment following his 
plea of guilty to charges of racketeering and violations of the 
Travel Act. Judge Mark L. Wolf sentences Raymond Patriarca, 
Jr., to a 97-month term of incarceration followed by a three-
year period of supervised release and a $50,000 fine. (Boss 
Sentenced to an Eight-Year Term, PR Newswire, June 17, 
1992).\850\

    9-1-92: Dugald F. Cameron, private investigator of 
Massachusetts, signs an affidavit stating that he and John 
Cavicchi met with Robert Gittens, Assistant Legal Counsel to 
Massachusetts Governor Michael Dukakis, on February 15, 1984, 
about Louis Greco. Gittens told Cameron and Cavicchi that he 
would recommend that the Governor commute Greco's 
sentence.\851\

                                  1993

    1993: Frank Walsh's affidavit states that Joseph Salvati 
was never a suspect until Joseph Barboza mentioned him.\852\

    In his book The God Son, A True-Life Account of 20 Years 
Inside the Mob, Willie Fopiano writes the following: ``It went 
like this: A petty thief named Teddy Deegan was suspected of 
killing Anthony Sacramone [sic], a cousin of Rico Sacramone 
[sic]. Rico [Sacrimone] wanted revenge, and got the rest of the 
Barboza gang to help him carry it out'' [Nick] Femia, Romeo 
Martin, Chico Amico, Ronnie Cassesso and, of course, Barboza 
himself. Romeo Martin knew Deegan a little and won him over by 
telling him about an easy score at a finance company. When 
Deegan and Martin drove up to the back door of the place, 
Barboza, Femia, Amico, and Cassesso were waiting. Barboza ran 
up and shot Deegan five times. That was in March 1965. It was 
known even then who shot Deegan and why, but twenty-six months 
later Barboza ratted on Ronnie Cassesso and also put the finger 
on five other men: Henry Tameleo, Peter Limone, Louis Grieco 
[sic], Roy French, and Joe ``the Horse'' Salvati. Tameleo was 
an important man in the family. Along with Limone, Grieco 
[sic], and Cassesso, he was sentenced to the chair, and spent 
almost five years on death row before capital punishment was 
thrown out. Salvati and French drew life sentences. Of all of 
them, only Cassesso had anything to do with the crime. The 
others were innocent. . . . Salvati, who was just a doorman at 
an after-hours joint, wouldn't swat a mosquito. . . . He was 
also behind in shylock payments to Barboza. . . . The 
prosecutor, Jack Zalkind, today is in private practice and I've 
heard from reliable sources that even he now thinks that some 
of the men--especially Joe Salvati--might be innocent.'' (127-
28). Fopiano also writes that ``Joe Barboza [was] known as `the 
Killing Machine.' '' (115) (Willie Fopiano, The Godson, A True-
Life Account of 20 Years Inside The Mob 127-128 ).\853\

    1-19-93: Governor Weld denies Joseph Salvati's commutation 
citing the ``seriousness of the crime'' and Salvati's long 
criminal record. Weld also denies Louis Greco's request for a 
commutation.\854\

    7-30-93: Detective Sergeant Bruce A. Holloway writes a 
memorandum to Lieutenant Detective James T. Curran regarding an 
interview with former State Police Lieutenant Richard 
Schneiderhan. Holloway writes, ``Lt. Schneiderhan stated that 
sometime after the murder of Edward T. Deegan he recalled 
overhearing a conversation between, then Assistant Attorney 
General Donald Con and Attorney John Fitzgerald who represented 
Joseph Barbosa [sic], whereby Attorney Fitzgerald advised 
Attorney Con that his client, Joe Barbosa [sic] threw Joseph 
Salvadi [sic] into the mix because of a dispute over money. 
Fitzgerald went on to state that Joe Salvadi [sic] owed Joe 
Barbosa [sic] some money and that when Barbosa [sic] associates 
Arthur Bratsos and Richard DePrisca made an attempt to collect 
from Salvadi [sic], he refused to pay as did many others; 
however when Salvadi [sic] refused, he also said words to the 
effect, `I'm not going to pay, and you ain't going to see 
daylight.' This angered Barbosa [sic] which prompted him to 
retaliate by throwing Joe Salvadi [sic] into the mix.'' \855\

    8-2-93: Joseph Balliro's affidavit states in relevant part: 
``I represented a co-defendant, Henry Tameleo, in the trial of 
the Commonwealth of Massachusetts against Joseph Salvati, and 
others, that concluded with a conviction on July 31, 1968. With 
respect to the overall conduct of the trial I served in the 
role that is generally referred to as lead counsel. Joseph 
Salvati was represented at the trial by Attorney Chester Paris, 
who at the time was a young but competent trial lawyer, and 
associated with me in practice at my office. . . . Without 
Barboza's testimony the case could not have gone to the jury--
and if the jury were to disbelieve Mr. Barboza as to the 
identity of any one of the participants there simply was no 
other evidence on which to base a conviction. From the outset 
of the preparation for the defense of Joseph Salvati, it was 
the strong belief of all the defense lawyers that Mr. Salvati 
was not only innocent, but that Joseph Barboza had substituted 
Mr. Salvati as a participant for some other individual, who had 
actually participated, and who Mr. Barboza was seeking to 
protect. At the time of the trial I did not know who that other 
person was. . . . I have recently (within the past three weeks) 
been furnished a three page police report that purports to be a 
statement by Thomas F. Evans of the Chelsea Police Department. 
. . . I have carefully reviewed the three page police report 
authored by Lieutenant Thomas F. Evans and can categorically 
state that I was not aware of the existence of that report or 
its contents until the last few weeks; nor, am I aware that any 
other counsel, including Chester Paris who represented Joseph 
Salvati had any awareness of the report or its contents. . . . 
The failure of the Commonwealth to provide the defendants with 
the report of Lieutenant Evans seriously undercut the ability 
of the attorneys to conduct a proper investigation and prepare 
an adequate defense.'' \856\

    8-3-93: In an affidavit, Jack Zalkind states that if he had 
seen the Chelsea police report sooner, he would have ordered an 
``intensive investigation'' into Joseph Salvati's 
involvement.\857\

    8-19-93: Sergeant Detective Bruce A. Holloway writes a 
memorandum to Lieutenant Detective James T. Curran regarding a 
follow-up investigation with former State Police Lieutenant 
Richard Schneiderhan. The letter states that Schniederhan told 
Holloway that ``he does not believe that the group involved in 
the [Edward `Teddy' Deegan] murder would have allowed Joe 
Salvati to participate in such an event. More importantly he 
does not believe they would have allowed him to hang around 
with them at all.'' \858\

    10-1-93: Lieutenant Detective James T. Curran and Sergeant 
Detective Bruce A. Holloway of the Massachusetts Office of 
Special Investigations interview Roberta Grimes, who police 
placed in the Ebb Tide as an employee to collect information on 
some of the characters who frequented the place. Grimes recalls 
a visit by two M.D.C. police detectives who showed her a photo 
array. She also recalls the names and faces of Joseph Barboza 
and Roy French.\859\

    10-4-93: Sergeant Detective Bruce A. Holloway writes a 
memorandum to Lieutenant Detective James T. Curran regarding a 
discussion Holloway had with Judge John Fitzgerald. Holloway 
writes the following about this discussion: ``Judge Fitzgerald 
does recall hearing the rumors about Joseph Salvati and others 
not being involved [in the Edward `Teddy' Deegan murder] and 
that Joe Barbosa [sic] was owed money. However, he stressed 
that at no time did he inquire of Barbosa [sic] anything 
relative to these rumors. Additionally, he stated that Barbosa 
[sic] never told him of a plan to frame anyone relative to the 
Deegan case and he never supplied him with any information 
which he, Judge Fitzgerald, deemed to be exculpatory.'' \860\

    10-12-93: James M. McDonough, legal assistant in the 
Suffolk County District Attorney's Office, signs an affidavit 
stating, ``I was aware and saw a report that had been authored 
by Lieutenant Thomas Evans of the Chelsea Police Department 
about the Deegan murder. . . . [T]o the best of my memory and 
belief the copy of the report is the same copy that was in the 
prosecutor's file during prosecution of the defendant's case.'' 
\861\

    10-27-93: Robert J. McKenna, Jr., Assistant District 
Attorney for Suffolk County, writes a letter to Jack Zalkind 
regarding Joseph Salvati. Zalkind apparently requested a 
meeting with McKenna to discuss the affidavit Zalkind executed 
for Commonwealth v. Salvati, et al. McKenna says he talked with 
Robert Gittens and Jack Cinquegrana and is denying Zalkind's 
request because the case is presently before the Superior 
Court.\862\

    12-1-1993: A hearing on a Motion for a New Trial for Louis 
Greco, represented by John Cavicchi; Joseph Salvati, 
represented by Victor Garo; and Peter Limone, represented by 
Robert Sheketoff, takes place. Robert McKenna represents the 
State of Massachusetts and Judge Banks presides.\863\

                                  1994

    12-23-94: Former Special Agent John Connolly informs James 
``Whitey'' Bulger and Stephen Flemmi that they would soon be 
arrested. (Connolly Indictment at 15).\864\

                                  1995

    January 1995: Stephen Flemmi informs Francis ``Frank'' 
Salemme that an indictment would be coming down on him shortly. 
(Connolly Indictment at 15-16).\865\

    1-5-95: Stephen Flemmi is arrested for conspiring to extort 
bookmaker Burton Krantz; James ``Whitey'' Bulger and George 
Kaufman are also charged. (U.S. v. Salemme, 91 F.Supp. 2d 141, 
148 (D. Mass. 1999)).\866\

    1-9-95: The FBI admits to the U.S. Attorney's Office that 
James ``Whitey'' Bulger is an informant. (U.S. v Salemme, 91 
F.Supp. 2d 141, 295 (D. Mass. 1999)).\867\

    1-10-95: James ``Whitey'' Bulger, Stephen Flemmi, and 
Francis ``Frank'' Salemme are indicted on multiple charges of 
federal racketeering, extortion, and other crimes. (U.S. v. 
Salemme, 91 F.Supp. 2d 141, 151-152 (D. Mass. 1999); Shelley 
Murphy, Mafia Leaders Still Don't Know When to Shut Up, Boston 
Globe, Jan. 11, 1995)).\868\

    1-29-95: The Boston Globe reports that Jerry Padalino, 
Special Agent in Charge of U.S. Customs, publicly stated in 
1995 that Customs officials considered John McIntyre a 
fugitive, affirmatively stating, ``We have no proof that he is 
dead.'' (Kevin Cullen, IRA Man Tells a Tale of Betrayal, Boston 
Globe, Jan. 29, 1995).\869\

    7-11-95: John Cavicchi, attorney for Louis Greco, signs an 
affidavit stating that Cavicchi read in a February 17, 1994, 
news article that Joseph Balliro represented Joseph Barboza and 
``one Flemmi.'' Jimmy Flemmi was one of those named in the 
informant's statement as being involved in the Edward Deegan 
murder. Cavicchi obtained an affidavit from Richard Barest, a 
former Florida judge who represented Greco when he surrendered 
to authorities in Florida. Barest said he pleaded with the 
Massachusetts lawyers to let him fight the extradition of 
Greco, but stated they were more interested in reading Time 
than listening to what he had to say. Barest specifically 
mentioned ``Joe Bellino,'' but Cavicchi knew that he meant Joe 
Balliro. The affidavit states, ``I returned to Massachusetts 
and asked Balliro for the Florida investigation of Greco. 
[Balliro] told me it had been shredded. In October or November 
1994, I visited Greco at the Bay State Correctional Center. He 
stated that Balliro told him to waive his extradition 
hearing.'' \870\

    James Southwood's affidavit states, ``In the course of 
making preparations to write a book for Joseph Barboza Baron 
about his life as an assassin for the New England Mafia and 
while a reporter for the Boston Herald Traveler, Barboza, in 
early 1969, gave me scrapbooks about the Boston Gang War and 
numerous documents pertaining to three major trials at which he 
testified against New England Mafia bosses and others. 
Subsequently, at a time in 1970, when he claimed to me that the 
U.S. Justice Department had betrayed him by breaking promises 
made in exchange for his court testimony, he said that he was 
recanting his testimony that sent men to Death Row. At this 
time, a date I believe to be in the spring of 1971, Barboza 
said: `Louie [sic] Greco wasn't in the alley!' To this end, 
Barboza apparently sent a message to Raymond Patriarca [that] 
Southwood was in possession of the grand jury minutes of the 
so-called Teddy Deegan murder case. . . . Barboza told me that 
the Grand Jury minutes would prove that he lied in the 
courtroom. He instructed me to return the grand jury minutes to 
Joseph Balliro. To the best of my knowledge, the Barboza copy 
of the grand jury minutes was given to Balliro in the summer of 
1971.'' John Cavicchi is the notary.\871\

    7-24-95: Louis Greco's affidavit states, ``In 1968, when I 
was waiting for my hearing in Florida on the murder charges, . 
. . [Joseph] Balliro came to Florida. I did not ask for Mr. 
Balliro, nor did I know who sent him. Mr. Balliro said that I 
should come back to Massachusetts. He told me that things would 
turn out allright [sic]. As a result of his advice, I signed 
some papers and returned to Massachusetts. He never told me 
that he represented [Joseph] Barboza-Baron, nor did I know. He 
never told me, nor did I know that he represented Flemmi. He 
did not tell me, nor did I know that he was representing Henry 
Tameleo. Had I known the above, I would have remained in 
Florida. In Massachusetts, I was represented by Attorney 
Lawrence O'Donnell and his office. I have since learned that 
during the handling of this case, his office also represented 
Henry Tameleo, Roy French, and Ronald Cassesso, co-defendants 
in this case. Had I known this, I would have had a different 
lawyer. To the best of my memory, none of the evidence 
regarding my difficulty in walking, and inability to run was 
presented at trial.'' John Cavicchi is the notary.\872\

    12-30-95: Louis M. Greco dies in prison.\873\

    12-31-95: Supervisory Special Agent John Morris retires 
from the FBI.\874\

                                  1996

    4-3-96: In a letter from James D. Herbert, Assistant U.S. 
Attorney of the Organized Crime Strike Force, to Ralph Martin, 
Suffolk County District Attorney, Herbert writes that Assistant 
U.S. Attorney Brian T. Kelly recently debriefed Anthony Ciulla. 
Ciulla was friendly with Barboza and was his driver. Ciulla has 
no personal knowledge of the Edward ``Teddy'' Deegan murder. 
However, Ciulla claims Barboza discussed the Deegan murder in 
Ciulla's presence. According to the letter, ``Ciulla believes 
Salvati is innocent because Barboza never mentioned Salvati 
when he described the Deegan murder. According to Ciulla, 
Barboza did mention the other individuals convicted in the case 
. . . as well as Vincent `The Bear' Flemmi.'' \875\

    12-18-96: Governor William Weld writes to the Executive 
Council, recommending that Joseph Salvati's sentence be 
commuted, subject to their advice and consent.\876\

                                  1997

    1-7-97: Governor William Weld writes to the Executive 
Council, recommending that Salvati's sentence be commuted, 
subject to their advice and consent.\877\

    1-15-97: Retired Boston Police Detective Frank Walsh 
recommends a commutation of Salvati's sentence for the fourth 
time.\878\

    1-22-97: Former Suffolk County Assistant District Attorney 
Jack Zalkind recommends a commutation of Salvati's sentence for 
the fourth time.\879\

    2-5-97: Governor William Weld writes to the Executive 
Council, recommending that Joseph Salvati's sentence be 
commuted, subject to their advice and consent.\880\

    The Governor's Executive Council unanimously votes 8-0 to 
commute Joseph Salvati's sentence.\881\

    Massachusetts Governor William Weld commutes the sentence 
of Joseph Salvati.\882\

    3-27-97: Special Agent John Connolly sends a letter to 
Judge Mark Wolf purporting to be from three unnamed members of 
the Boston Police Department. The letter says the Massachusetts 
State Police, FBI, and DEA are guilty of prosecutorial 
misconduct in the investigations of James ``Whitey'' Bulger, 
Stephen Flemmi, and Francis ``Frank'' Salemme. The letter 
states that Boston Police Detective Frank Duwan, the 
Massachusetts State Police, DEA, FBI, and the Justice 
Department Organized Crime Strike Force furnished or relied on 
false information in efforts to prosecute Bulger and Flemmi. 
(Connolly Indictment at 16).\883\

    6-3-97: James ``Whitey'' Bulger's identity as an FBI 
informant is made public. In response to the May 22, 1997, 
Federal Court's order, the government disclosed that Bulger had 
been a government informant. (U.S. v. Salemme, 91 F.Supp. 2d 
141, 309 (D. Mass. 1999)).\884\

    6-24-97: The Boston Globe reports that while William Weld 
was a U.S. Attorney, he learned that James ``Whitey'' Bulger 
was an informant. Weld requested surveillance on Bulger and was 
told that the FBI did not tap active informants. The article 
also states that Bulger secretly tape-recorded ``years' worth'' 
of conversations with FBI agents. (Mike Barnicle, Jimmy Bulger: 
Fox in FBI Co-op, Boston Globe, June 24, 1997).\885\

    7-3-97: The Deputy Attorney General directs the Department 
of Justice and the FBI to initiate an Office of Professional 
Responsibility investigation to determine whether any 
Government official committed criminal acts in connection with 
investigations into the New England La Cosa Nostra and the 
Winter Hill Gang.\886\

    7-8-97: The Office of Professional Responsibility (OPR) 
investigation to determine whether any Government official 
committed criminal acts in connection with investigations into 
the New England La Cosa Nostra and the Winter Hill Gang begins 
on this date. The investigation concludes on August 14, 1997 
(with a report published as Appendix I to the Report). The OPR 
anticipates--but does not conduct--a second phase of 
investigation. The investigation ``uncovered no evidence that 
any potentially criminal acts were part of a continuing crime 
which would bring the acts within the statute of limitations. 
In addition, we examined and found a number of violations of 
FBI rules and regulations which would have warranted 
administrative action if those employees were still employed by 
the FBI. However, no current FBI employees were found to be in 
violation of FBI policies.'' \887\

    September 1997: Stephen Flemmi files an affidavit in court 
claiming that ``he was told by [Robert] Daddeico some 12 years 
ago after the bombing charges against Flemmi were dropped that 
Daddieco had set up [Frank] Salemme for the [John] Fitzgerald 
bombing and had lied about Flemmi's alleged involvement.'' 
Patricia Nealon, Informant's Treatment Questioned, Boston 
Globe, May 6, 1998.\888\

    9-29-97: Sergeant Kevin Manning writes a letter on behalf 
of Sheriff Jerry Keller, Las Vegas Police Department, to Deputy 
U.S. Marshal Tom Bezanson. Keller states that the Department is 
reviewing the murder case of Peter Poulos and would like to 
interview Stephen Flemmi and Francis ``Frank'' Salemme for 
possible prosecution. [Note: According to Dave Hatch, Las Vegas 
Police Department, Cold Case Review, he was later informed that 
Flemmi and Salemme could not be interviewed regarding the 
Poulos murder while under federal indictment.] \889\

                                  1998

    1998: Joseph ``J. R.'' Russo, the person who killed Joseph 
Barboza, dies of natural causes in prison. (BostonMafia.com, 
visited Feb. 5, 2002).\890\

    1-6-98: The Boston Herald reports on the hearing before 
U.S. District Court Judge Mark L. Wolf. The Herald writes, 
``Winter Hill wiseguy and FBI informant Stephen Flemmi said he 
was rewarded for his work for the agency with a free pass on 
murder, attempted murder and fugitive charges in the mid-
1970's, defense lawyers alleged. . . . The lawyers are trying 
to get racketeering charges against Flemmi, New England Mob 
boss Francis P. `Cadillac Frank' Salemme, 64, and wiseguys 
Robert DeLuca and John Martorano thrown out of court on a 
variety of legal bases. . . . Flemmi claimed he was warned of 
the indictments by his FBI `handler,' agent H. Paul Rico, and 
allowed to flee. But in 1974, Rico told him it was safe to come 
back and that the murder and attempted murder charges would be 
taken care of. [Attorney Anthony] Cardinale said Flemmi's chief 
accuser in the case, Robert Daddieco, was an FBI cooperating 
witness who had also been developed by Rico. Rico made sure his 
promise to Flemmi was kept, Cardinale said. `What happens? 
Daddieco changes his testimony and says Flemmi was not with him 
(at the [John] Fitzgerald bombing) and that he lied to the 
grand jury,' Cardinale said. `They control Daddieco and he 
changes his testimony to get Flemmi off the hook.' The murder 
charges against Flemmi were dropped when Daddieco disappeared. 
Flemmi was also never prosecuted as a federal fugitive per 
Rico's promise, Cardinale said.'' Ralph Ranalli, Mobster: I had 
License to Kill; Flemmi Says He Knew He was Murderer, Boston 
Herald, Jan. 7, 1998.\891\

    Early 1998: In preparation to testify in pretrial hearings 
in U.S. v. Salemme, Stephen Flemmi informs Special Agent John 
Connolly through an intermediary that he will testify that 
Supervisory Special Agent John Morris--not Connolly--alerted 
him to the indictments coming against James ``Whitey'' Bulger 
and Flemmi. In return, Connolly tells the intermediary to 
inform Flemmi to testify that Morris learned of indictments 
through Washington, which received a ``pros memo.'' (Connolly 
Indictment at 17-18).\892\

    April 1998: John Morris, Organized Crime Squad Supervisor 
in the FBI's Boston Office from 1977-1983, testifies under 
immunity that he believes an intentional leak from his squad 
led to the killing of Brian Halloran. Before Halloran's murder, 
Morris told Special Agent John Connolly, handler for James 
``Whitey'' Bulger and Stephen Flemmi, that Halloran was 
incriminating them in Roger Wheeler's murder. Morris fully 
expected Connolly to relay this information to Bulger and 
Flemmi. U.S. v. Salemme, 91 F.Supp. 2d 141, 208 (D. Mass. 
1999).\893\

    Robert Fitzpatrick, Assistant Agent in Charge of the Boston 
FBI Office during the early 1980s, testifies that he also 
thought James ``Whitey'' Bulger was a suspect in Roger Wheeler 
murder, but his superiors decided to keep him as an informant. 
(United States v. Salemme, 91 F.Supp. 2d 141, 209 (D. Mass. 
1999)).\894\

    5-5-98: During a criminal hearing in federal court, Condon 
testifies that he ``spent two years in the early 1970's trying 
to hunt down [Francis ``Frank''] Salemme and associate Stephen 
`The Rifleman' Flemmi. But Condon insisted that, at the time, 
he had no idea Flemmi was an FBI informant--even though FBI 
documents show that another agent he worked closely with, H. 
Paul Rico, had recruited Flemmi five years earlier. In fact, 
one 1967 document even shows Condon had been designated as 
Flemmi's `alternate contact agent' for times when Rico was out 
of town. Condon was also the handling agent for James Bulger, 
who he had opened as an informant on May 13, 1971. Condon, 
however, insisted that he never saw the document and that Rico 
never told him he had been designated as Flemmi's alternate 
handler.'' (Ralph Ranalli, Former FBI Agent Testifies Salemme's 
'72 Bust No Setup, Boston Herald, May 6, 1998). At the hearing, 
Salemme's attorney, Anthony Cardinale, tried to show that 
Flemmi received preferential treatment because he had been 
feeding the FBI information. The Boston Globe writes, ``But 
under cross-examination by Assistant U.S. Attorney James D. 
Herbert, Condon said he had no `specific information' on where 
Flemmi could be found, and said neither he nor any other agent 
hindered the search for Flemmi. Condon said he had no contact 
with Flemmi while he was a fugitive, had never taken a phone 
call from him, and had not interceded with state prosecutors to 
get the charges against Flemmi dropped.'' (Patricia Nealon, 
Informant's Treatment Questioned, Boston Globe, May 6, 
1998).\895\

    June 1998: The Justice Department appoints John Durham to 
head a task force investigation into whether Boston FBI agents 
obstructed the investigation of the jai alai-related murders or 
otherwise broke the law during their relationship with James 
``Whitey'' Bulger and Stephen Flemmi. Edmund Mahony, FBI Agents 
Face Scrutiny by Prosecutor; Questions of Obstruction in Jai 
Alai Murder Cases, Hartford Courant, June 28, 1998, at A1.\896\

    December 1998: Raymond Patriarca, Jr., is released from 
prison. (BostonMafia.com, visited Feb. 5, 2002).\897\

                                  1999

    1999: John Martorano, a Winter Hill Gang hitman, begins 
cooperating with federal investigators. Martorano admits to 
killing twenty people, including Roger Wheeler, Sr. Martorano 
said Whitey Bulger and Stephen Flemmi told him to kill Wheeler. 
Martorano says that former FBI Special Agent Paul Rico, through 
a third party, provided him with information he used to locate 
and kill Wheeler in Tulsa. (Shelley Murphy, Mobster Pleads 
Guilty to Murder, Boston Globe, Oct. 1, 1999; Ralph Ranalli, 
FBI Agents Wander Who's Next in Probe, Boston Globe, Jan. 23, 
2000).\898\

    7-12-99: Agent Daniel M. Doherty debriefs John 
Martorano.\899\

    7-14-99: John Durham and Gary Bald meet with Victor Garo 
about Garo's concern that FBI agents engaged in improper, and 
possibly criminal, conduct in the investigation, prosecution, 
and confinement of Joseph Salvati.\900\

    8-23-99: John Durham and Gary Bald write to Victor Garo 
asking for another meeting concerning the role of the FBI in 
Joseph Salvati's case.\901\

    9-9-99: The Justice Department task force reaches a plea 
agreement with John Martorano, a Winter Hill Gang hitman. The 
plea agreement states, ``In exchange for a 12\1/2\ year prison 
term, Martorano has agreed to plead guilty to 10 murders in 
Massachusetts, along with one in Florida and another in 
Oklahoma. He will also provide investigators with details on 
eight other murders that took place in Massachusetts as far 
back as 1965.'' Martorano is expected to admit to killing Roger 
Wheeler, Sr., and John Callahan at the instruction of James 
``Whitey'' Bulger and Stephen Flemmi. (Andrea Estes, Murderous 
Rats Mobster Ties Bulger, Flemmi to Murders, Boston Herald, 
Sept. 10, 1999).\902\

    9-14-99: Agent Daniel M. Doherty debriefs John 
Martorano.\903\

    9-15-99: District Court Judge Mark L. Wolf issues a 661-
page opinion sharply criticizing the FBI's handling of James 
``Whitey'' Bulger and Stephen Flemmi. (U.S. v. Salemme, 91 
F.Supp. 2d 141 (D. Mass. 1999)).\904\

    Judge Wolf concludes that someone in the FBI probably 
tipped James ``Whitey'' Bulger and Stephen Flemmi that Brian 
Halloran was informing on them, which led to Halloran's murder. 
(U.S. v. Salemme, 91 F.Supp. 2d 141, 208-214 (D. Mass. 
1999)).\905\

    Judge Wolf concludes that Special Agent Paul Rico helped 
Stephen Flemmi escape the country before being prosecuted for a 
car bomb planted in defense attorney John Fitzgerald's car. 
Fitzgerald lost a leg but survived. Judge Wolf writes that it 
appeared Rico arranged to have the charges against Flemmi 
dropped. (U.S. v. Salemme, 91 F.Supp. 2d 141, 181-182 (D. Mass. 
1999)); see also Associated Press Newswires, Salemme Claim of 
FBI Frame-up Draws Criticism from Prosecutors, Mar. 24, 
2001).\906\

    9-21-99: Linda Reardon, a Bell Atlantic employee, allegedly 
tells her father, Edward G. Duff, about electronic surveillance 
by the FBI on certain South Boston telephone lines. Duff 
allegedly tells Richard Schneiderhan who tells Kevin Weeks. 
Weeks allegedly tells one of the targets of the electronic 
surveillance.\907\

    John Martorano pleads guilty to killing ten people in the 
1970's on behalf of a racketeering enterprise. The Boston Globe 
reports, ``A plea agreement calls for his cooperation against 
Bulger, Flemmi and any former FBI agents being targeted in an 
ongoing corruption probe. Martorano also agreed to plead guilty 
to second-degree murder charges in Oklahoma and Florida, two 
states with the death penalty, with assurances that he'll only 
face a 15-year prison term. He's also confessed to another 8 
murders . . . for which it appears he will never be charged.'' 
U.S. District Judge Mark Wolf accepts Martorano's plea but 
postpones any decision on whether he will go along with a 
government recommendation to sentence Martorano to 12\1/2\ to 
15 years imprisonment. (Shelley Murphy, Mobster Pleads Guilty 
to Murders, Boston Globe, Oct. 1, 1999).\908\

    12-9-99: Francis ``Frank'' Salemme reaches a plea agreement 
on racketeering, loansharking, and extortion. In exchange, 
murder charges were dropped. He is sentenced to eleven years in 
prison. As part of the plea agreement, he agrees to testify 
against former FBI Special Agents John Connolly and Paul Rico, 
and Winter Hill gang leaders James ``Whitey'' Bulger and 
Stephen Flemmi. (Shelley Murphy, Salemme Pleads Guilty to 
Racketeering, Boston Globe, Dec. 10, 1999; J.M. Lawrence, 
Prosecutors Rip Salemme Claim of FBI Frame Job, Boston Herald, 
Mar. 24, 2001; Ralph Ranalli, Salemme Reportedly to Testify 
Against Bulger, Boston Globe, Mar. 13, 2001).\909\

    12-13-99: Stephen Flemmi signs an affidavit stating the 
following: ``(1) For many years, including the 1980's, I acted 
as a confidential informant for the FBI; (2) My FBI handler was 
Special Agent John Connolly; (3) In or near 1987, I reported to 
John Connolly about information I knew concerning a number of 
meetings involving Anthony St. Laurent of Rhode Island and 
other members of the LCN [La Cosa Nostra] regarding the 
`shakedown' of a Las Vegas bookmaker; (4) At some point, I 
received reliable information that an associate of the Las 
Vegas bookmaker was planning to assassinate Anthony St. Laurent 
because St. Laurent had threatened the bookmaker's 15 year old 
daughter; (5) I immediately gave this information to Connolly. 
At that point, Connolly told me that St. Laurent was also a 
confidential informant for the FBI. Connolly asked me to 
intercede and stop the attempted assassination. I was able to 
accomplish this task.'' \910\

    12-22-99: Former FBI Special Agent John Connolly is 
arrested and charged along with James ``Whitey'' Bulger and 
Stephen Flemmi for racketeering, racketeering conspiracy, 
obstruction of justice, and conspiracy to obstruct justice. 
Flemmi is also charged with passing classified information to 
Francis ``Frank'' Salemme. (Edmund Mahony, Former FBI Agent 
Indicted, Hartford Courant, Dec. 23, 1999).\911\

                                  2000

    1-14-00: John McIntyre's remains are found, after Bulger 
gang lieutenant Kevin Weeks, who faced racketeering charges in 
late 1999, cut a deal with investigators and led them to the 
grave. (Bulger and Flemmi allegedly killed McIntyre after 
McIntyre offered to cooperate with the authorities. According 
to U.S. District Judge Mark Wolf, ``There is circumstantial 
evidence to suggest that [FBI Agent Roderick] Kennedy may have 
told [FBI Special Agent John] Connolly about McIntyre's 
cooperation . . . and reason to be concerned that Connolly may 
have told Bulger and Flemmi.'' (U.S. v. Salemme, 91 F.Supp. 2d 
141, 214-15 (D. Mass. 1999)).\912\

    1-21-00: In a letter from John Cavicchi, Peter Limone's 
attorney, to John Durham, Cavicchi apparently encloses a file 
on a redacted case and says the only published opinion on the 
F. Lee Bailey affidavit is Greco v. Workman, 481 F. Supp. 481 
(1979).\913\

    1-28-00: Agent Daniel M. Doherty debriefs John 
Martorano.\914\

    2-10-00: Agent Daniel M. Doherty prepares a Report of 
Investigation. He indicates he interviewed ``CS-00-098739'' on 
July 12, 1999, and January 28, 2000, and that the confidential 
source told him that Joseph Barboza and Vincent James Flemmi 
admitted to killing Edward ``Teddy'' Deegan's murder. The 
report states, ``The CS (Confidential Source) also stated, that 
either just prior to or immediately after the time period that 
Barboza began cooperating with law enforcement, that he, 
Barboza, told the CS to mind it's own business and not to 
intervene, because `They' (the LCN) screwed me and now I'm 
going to screw as many of them as possible. Barboza further 
stated, that he was not interested in guilt or innocence. 
Barboza again reiterated to the CS that the CS should just stay 
out of it. Barboza told the CS that the CS was a friend and 
that he, Barboza, would not bother the CS.'' \915\

    Agent Daniel M. Doherty writes a memorandum to Fred Wyshak, 
Assistant U.S. Attorney, stating that John Martorano advised 
that he was a close associate to Joseph Barboza in the mid-
1960s. Martorano said that subsequent to the Edward ``Teddy'' 
Deegan murder, Barboza admitted to Martorano that he, Barboza, 
killed Deegan. On a separate occasion, Vincent ``Jimmy'' Flemmi 
told Martorano that he, Flemmi, killed Deegan. Just prior to or 
immediately after the time period that Barboza began to 
cooperate with law enforcement, Barboza told Martorano to mind 
his own business and not intervene. Barboza said La Cosa Nostra 
screwed me and now ``I'm going to screw as many of them as 
possible.'' Barboza further said he was not interested in 
innocence or guilt.\916\

    3-20-00: The government waits until this day, two months 
after John McIntyre's body was discovered, to dismiss the 
indictments against McIntyre in United States v. Murray et 
al.\917\

    5-25-00: Less than six months after learning sufficient 
facts to verify both the government's wrongful conduct and John 
McIntyre's fate, the McIntyre Estate presents a duly authorized 
Notice of Tort Claim, pursuant to the Federal Tort Claims Act, 
28 U.S.C. Sec. 2671 et seq. The tort claim gives notice to the 
FBI of McIntyre's injuries and wrongful death caused by the 
negligent or wrongful acts or omissions of certain employees of 
the Boston FBI Office. The plaintiff files the complaint on 
March 2, 2001. Among other things, the Estate's administrative 
claim and complaint allege that former agents of the FBI 
conspired to protect and shield James ``Whitey'' Bulger and 
Stephen Flemmi from prosecution in exchange for their 
agreements to provide information to aid the FBI in its 
prosecution of La Cosa Nostra. The complaint also alleges that 
the Boston FBI Office ignored the Attorney General's 
Guidelines; that the individual agents knew or should have 
known that Bulger and Flemmi were committing violent crimes, 
including the murder of informants cooperating with law 
enforcement; that despite this knowledge the agents failed to 
prosecute and blocked investigations into Bulger and Flemmi; 
and that as a direct and proximate cause of the negligence of 
these agents, Bulger, Flemmi, and Weeks murdered McIntyre after 
he agreed to become an FBI informant in 1984.\918\

    6-20-00: Peter Limone files a Motion for a New Trial.\919\

    7-2-00: Peter Limone's counsel moves to intervene in United 
States v. Stephen J. Flemmi et al., Crim. No. 94-10287-MLW (D. 
Mass.), before U.S. District Court Judge Mark L. Wolf. Judge 
Wolf denies intervention but indicates that certain documents 
might be discoverable in this proceeding. Judge Margaret 
Hinkle, Justice of the Superior Court, thereafter gives notice 
to the U.S. Attorney's Office of Limone's request for discovery 
of matters relating to the motion. The local U.S. Attorney's 
Office agreed to review its files. (This leads to the parties 
each receiving a telephone call from John H. Durham, Special 
Attorney with the U.S. Attorney's Office. This telephone 
contact was followed by a letter to the parties from Durham 
dated December 19, 2000, enclosing 26 pages of FBI documents.) 
(See also 12-19-00 entry).\920\

    7-27-00: Francis Imbruglia says in an affidavit, ``I am 
stating under oath and of my own personal knowledge that Peter 
Limone, Henry Tameleo, and Louie [sic] Greco had nothing to do 
with . . . the murder of Teddy Deegan.'' \921\

    8-30-00: In a letter to John Cavicchi, who is Peter 
Limone's attorney, Roy French writes, ``[M]y affidavit was 
right on the money with the exception of Joseph Salvati. . . . 
For the record, I have no memory of Joseph Salvati being a part 
of my involvement with the shooting death of `Teddy Deegan.' He 
in no way aided me directly or indirectly . . . to truly defeat 
the testimony of Tony Stathopoulos. [Stathopolous testified 
that he saw Louis Greco come out of the alley.] [T]here is 
enough evidence to support that any stride of walking or slowly 
running or hurriedly walking, was an impossibility to perform 
by Louie [sic] Greco.\922\

    9-19-00: Peter Limone files a Motion to Vacate Conviction 
and Dismiss Indictments.\923\

    9-28-00: In an unsealed indictment, James ``Whitey'' 
Bulger, Stephen Flemmi, and several underlings are indicted on 
21 murders, extortion, distribution of drugs, obstruction of 
justice, racketeering, and money laundering.\924\

    10-11-00: Former Special Agent John Connolly is indicted on 
a range of charges, including providing tips to James 
``Whitey'' Bulger and Stephen Flemmi to eliminate threats to 
their operations and misleading grand jury investigations in 
the Winter Hill Gang extortions.\925\

    11-14-00: Joseph Balliro, counsel for Henry Tameleo at the 
Edward ``Teddy'' Deegan trial, submits an affidavit attesting 
that he received a memorandum from F. Lee Bailey, and ``it 
obviously exculpates Mr. Limone from being in any way 
responsible for the death of Mr. Deegan.'' Balliro says he 
never represented Stephen Flemmi or Nick Femia. He has no 
knowledge of any information that Freddie Chiampa or Frank 
[Francis] Imbruglia had about the Deegan murder. He represented 
Joseph Barboza and Vincent ``Jimmy'' Flemmi 35-40 years ago on 
matters unrelated to the Deegan matter, and he never received 
any information from Barboza about the Deegan murder. Balliro 
says he did receive information about the Deegan murder from 
Vincent ``Jimmy'' Flemmi. Balliro says Flemmi's information is 
exculpatory for Limone and others charged and convicted of the 
murder. Balliro says he would divulge the information upon 
court order. (Commonwealth v. Limone, Cr. No. 32367, 69-70 
(Suffolk Cty. Sup. Ct., Nov. 14, 2000)).\926\

    11-15-00: An indictment of former Massachusetts State 
Police Officer Lieutenant Richard J. Schneiderhan, Edward G. 
Duff, and Linda Reardon is handed down for conspiracy to 
obstruct justice, obstruction of justice, and aiding and 
abetting. Schneiderhan and Duff are related through marriage as 
brothers-in-law. Duff is Reardon's father. The indictment 
states that Schneiderhan maintained a personal friendship with 
Stephen Flemmi since the 1950s; Schneiderhan maintained a 
personal, non-law enforcement relationship with John Martorano 
from the late 1960s to about 1978; and Schneiderhan helped 
James ``Whitey'' Bulger escape capture by informing him that 
certain Boston telephone lines were tapped.\927\

    12-19-00: John Durham, Special Assistant U.S. Attorney, 
writes a letter to John Cavicchi, attorney for Peter Limone, 
regarding the disclosure of FBI documents relating to the March 
12, 1965, murder of Edward ``Teddy'' Deegan. The letter states 
in relevant part: ``Joint Task Force's [JTF] search first 
determined that around the time Deegan was murdered, Vincent 
James Flemmi was an FBI informant. According to the file 
maintained in support of efforts to develop Flemmi as an 
informant, focus on Flemmi's potential as a source began on 
about 3/9/1965. The first reported contact with Flemmi was by 
FBI Boston Special Agent H. Paul Rico on 4/5/1965. The 
informant file was officially opened and assigned to SA Rico on 
4/15/1965 and reflects that Flemmi was contacted a total of 
five times as an informant, each time by SA Rico. The dates of 
contact were 4/5/1965, 5/10/1965, 6/4/1965, 7/22/65 and 7/27/
1965. Flemmi's file was closed on 9/15/1965 after Flemmi was 
charged with a crime, unrelated to the Deegan murder.'' John 
Durham makes 26 pages of FBI documents available to Joseph 
Salvati and Limone relating to the Deegan murder. However, 
Judge Margaret Hinkle notes that the documents produced are 
``heavily redacted.'' (Commonwealth v. Limone, Cr. No. 32367, 
32369, 32370 (Suffolk Cty. Sup. Ct., Jan. 5, 2001); see 1-5-01 
entry).\928\

                                  2001

    1-2-01: Ronald Cassesso attorney Ronald Chisholm reveals 
that Cassesso admitted to participating in the Edward ``Teddy'' 
Deegan murder and that four of the six convicted were innocent, 
but were convicted by Barboza's false testimony. Cassesso told 
Chisholm that he was approached by Special Agent Paul Rico in 
1967 while awaiting trial. Rico told Cassesso that he could 
escape prison by corroborating Barboza's testimony--Cassesso 
refused. Edmund H. Mahony, Murdered Said Four More Innocent in 
'65 Slaying, Lawyer Says, Hartford Courant, Jan. 3, 2001, at 
A8.\929\

    Joseph Balliro executes an affidavit stating that in the 
summer of 1967, Vincent ``James'' Flemmi told Balliro that 
Joseph Barboza planned the Edward ``Teddy'' Deegan murder and 
Flemmi participated in it. Flemmi also stated that Barboza 
substituted Joseph Salvati for Flemmi because Salvati 
disrespected Barboza. Flemmi also stated that Henry Tameleo and 
Peter Limone did not arrange the murder, and Louis Greco was 
not a participant, but Barboza implicated them because they 
also disrespected Barboza.\930\

    1-5-01: Judge Hinkle's Order granting Peter Limone a new 
trial states, ``[T]he jury would likely have reached a 
different conclusion by this previously UNDISCUSSED evidence 
for two reasons. First, the new evidence [Durham's Dec. 19, 
2000, disclosure of 26 pages of FBI documents] casts serious 
doubt on Barboza's credibility in his account of Limone's role. 
Second, the new evidence reveals that Vincent James Flemmi, a 
participant of some sort in the Edward ``Teddy'' Deegan murder, 
was an FBI informant around the time of the murder.'' 
(Commonwealth v. Limone, Cr. No. 32367, 32369, 32370, slip op. 
at *14 (Suffolk Cty. Sup. Ct., Jan. 5, 2001)).\931\

    1-30-01: The Suffolk County District Attorney's Office 
signs a non-prosecution motion stating, ``Now comes the 
Commonwealth in the above-captioned matter [Commonwealth v. 
Salvati] and respectfully states that it will not prosecute 
Indictment No. 32368 [regarding Joseph Salvati] any further. As 
ground therefor, the Commonwealth respectfully states as 
follows: (1) There exists newly discovered evidence--various 
FBI documents disclosed to the Commonwealth and the defendant 
for the first time on December 19, 2000--which significantly 
undermines (a) the credibility of the Commonwealth's principal 
witness at the defendant's first trial, Joseph Barboza, and (b) 
the Commonwealth's theory of the defendant's role in the murder 
of Edward Deegan, as presented at the defendant's first 
trial[;] (2) Joseph Barboza was shot and killed on February 11, 
1976[;] (3) The Commonwealth has conducted a comprehensive 
review of the facts and circumstances surrounding the arrest, 
trial, and conviction of the defendant for his alleged role in 
the murder of Edward Deegan, including the impact of the 
contents of the newly discovered FBI documents[;] (4) In 
addition, the Commonwealth has carefully and thoroughly 
evaluated the nature, quality, and sufficiency of the alleged 
evidence against the defendant[;] (5) As a result of that 
review and evaluation, the Commonwealth has concluded that it 
does not now have a good faith basis--legally or ethically--to 
proceed with any further prosecution of the defendant.'' \932\

    A non-prosecution motion is also filed and signed by the 
Suffolk County District Attorney's Office stating that the 
Office will not prosecute Peter Limone for his alleged 
involvement in the Edward ``Teddy'' Deegan murder. Ralph 
Ranalli, DA: No New Trials Against 2 in '65 Case, Boston Globe, 
Jan. 31, 2001; see also Limone's Motion to Dismiss.\933\

    2-15-01: The Boston Globe reports that Charles Prouty said: 
``The FBI was forthcoming. We didn't conceal the information. 
We didn't attempt to frame anyone.'' As support for that 
statement, Prouty cited the document from 3-16-65 that 
indicates information was provided by the FBI to local law 
enforcement. (Shelley Murphy, FBI Says Documents Clear it of 
Wrongdoing in '65 Case, Boston Globe, February 15, 2001.)\934\

    3-2-01: The McIntyre Estate files a complaint alleging 
misconduct on behalf of certain employees of the Boston FBI 
Office. In particular, the filing says that the FBI ignored 
overwhelming evidence that James ``Whitey'' Bulger and Stephen 
Flemmi were killers. Plaintiff is seeking $50 million in 
damages. (See 5-25-00 entry).\935\

    3-12-01: Francis ``Frank'' Salemme agrees to be a witness 
against James ``Whitey'' Bulger, Stephen Flemmi, and FBI 
Special Agents Paul Rico and John Connolly. (Salemme Claim of 
FBI Frame-up Draws Criticism from Prosecutors, Associated Press 
Newswires, Mar. 24, 2001).\936\

    Francis ``Cadillac Frank'' Salemme files a habeas corpus 
prisoner petition ``asking the judge for whatever relief he 
finds appropriate.'' Salemme's attorney, Anthony P. Cardinale, 
claims that ``[t]he government literally suborned perjury in 
order to frame [Salemme] in the state case.'' (J.M. Lawrence, 
Salemme Claims FBI Fudged Evidence Against Him, Boston Herald, 
Mar. 13, 2001). In said petition, ``Salemme claims the FBI 
pressured a witness [Robert Daddeico] to lie in order to 
protect [Stephen] Flemmi, an informant, and make sure he went 
to prison.'' (Salemme Claim of FBI Frame-up Draws Criticism 
from Prosecutors, Associated Press Newswires, Mar. 24, 2001; 
see also Ralph Ranalli, Salemme Reportedly to Testify Against 
Bulger, Boston Globe, Mar. 13, 2001).\937\

    3-13-01: The Estate of Michael J. Donahue files suit 
against the FBI, including Special Agent John Connolly, 
Supervisory Special Agent John Morris, Boston SAC Lawrence 
Sarhatt, Assistant SAC Robert Fitzpatrick, James ``Whitey'' 
Bulger, and Stephen Flemmi. The Donahue case centers on: (1) 
the May 11, 1982, murder of Michael J. Donahue, an innocent 
bystander to the intentional murder of Brian Halloran; (2) the 
systemic wrongful acts and practices of the FBI which directly 
and proximately caused this murder; and (3) the FBI's 
intentional and pervasive effort to conceal its role in the 
murder. Allegations include that FBI Supervisory Special Agent 
John Morris and Special Agent John Connolly provided 
confidential law enforcement information to James ``Whitey'' 
Bulger, a known crime figure, and that Brian Halloran was 
cooperating with law enforcement and was providing information 
that Bulger was involved in the previous murder of Roger 
Wheeler. It is alleged that they did so knowing that Bulger was 
a dangerous criminal and would kill Halloran. It is also 
alleged that as a direct result of the information provided by 
Connolly and Morris, Bulger and members of his Group murdered 
Brian Halloran, killing Donahue as an innocent bystander. 
Donahue and Halloran were neighbors and when the murders 
occurred, Donahue was giving Halloran a ride home in the course 
of errands to plan for a family fishing trip. As causes for 
Michael Donahue's death, the Donahue Family points to the 
intentional acts of line and supervisory FBI agents, the 
persistent reckless and intentional indifference of the FBI and 
its supervisory agents to the wrongdoing of its agents and 
informants, and the environment created and maintained at the 
FBI which allowed and encouraged this wrongful conduct. The 
Donahue Family seeks $36 million in compensatory damages.\938\

    May 2001: Stephen Flemmi agrees to a plea bargain with the 
U.S. Attorney's Office on extortion, money laundering, and 
obstruction of justice charges. Flemmi is sentenced to ten 
years. In return, prosecutors drop charges on three murders 
Flemmi and James ``Whitey'' Bulger allegedly committed in the 
1960s. (John Ellement, Mobster Pleads Guilty to 10 Counts of 
Murder, Boston Globe, July 18, 2001).\939\

    5-3-01: FBI Director Louis J. Freeh issues a statement 
discussing the goals of an independent Justice Task Force led 
by Special Attorney John Durham that is charged with 
investigating law enforcement corruption arising out of the 
FBI's handling of criminal informants James ``Whitey'' Bulger 
and Stephen Flemmi. Specifically, he states the Joint Task 
Force's ongoing Deegan inquiry is focused on: ``Whether the 
FBI's assistance to local authorities in this murder 
investigation was designed, at least in part, to protect 
Vincent James Flemmi from being prosecuted; Whether the FBI's 
motivation linked to Flemmi's status as a former FBI informant 
and/or the informant status of his brother, Stephen Flemmi; 
and, Whether the FBI properly disseminated potentially 
exculpatory information to local investigators/prosecutors.'' 
\940\

    The U.S. House Committee on Government Reform holds its 
first hearing to explore federal law enforcement initiatives in 
Boston over the last three decades. The first hearing focuses 
on the case of Joseph Salvati, who spent 30 years in prison for 
a murder he did not commit. The convictions were primarily 
based on the testimony of notorious Boston mobster killer 
turned FBI witness, Joseph ``The Animal'' Barboza. Documents 
obtained by the Committee prior to the hearing show that not 
only was the prosecution of Joseph Salvati and three others 
questionable, but that federal and state law enforcement 
authorities had information indicating that they were sending 
the wrong men to the death chamber or prison for life. 
``Investigation into Allegations of Justice Department 
Misconduct in New England,'' Hearings Before the Comm. on Govt. 
Reform, 107th Cong. (May 3, 2001).

    5-4-01: In a letter to the Government Reform Committee from 
the Mayor of Springfield, Massachusetts, Michael Albano writes 
that the FBI conspired to keep Joseph Salvati, Louis Greco, 
Henry Tameleo, and Peter Limone in prison.\941\

    5-16-01: FBI Director Louis Freeh testifies before the 
House Committee on Appropriations: Subcommittee on Commerce, 
Justice, State and Judiciary. When asked by Florida 
Representative Dan Miller ``[i]s there anything you can say on 
[the Joseph Salvati] case and on behalf of the FBI and the 
Salvati family,'' Freeh states that the Salvati case is 
``obviously a great travesty, a great failure, disgraceful to 
the extent that my agency or any other law enforcement agency 
contributed to that.'' He further states, ``What I would say 
certainly to the family and any victim in such a situation is 
there is nothing worse that can happen under a system of law 
that an innocent person is either charged or in this case 
punished for that period of time. It's a travesty, it's a 
disgrace, it shouldn't happen. I don't believe it happens 
frequently under our system, but it does. And when it does, it 
is of the gravest concern.'' When Rep. Miller asks Freeh ``[i]s 
there someone in the FBI who should have been more proactive in 
trying to help him through the process,'' Freeh responds that 
``we came into the situation, unfortunately, too late, but we 
did develop--as I understand it, we developed all the evidence 
which has gone now to his exoneration, with a lot of other 
people in the U.S. Attorney's office, but we're the ones who 
picked those pieces back up. It should have never gotten to 
that point.'' \942\

    7-3-01: John Fitzgerald dies in South Dakota (Joe 
Fitzgerald, Praise for One who Turned Tragedy to Triumph, 
Boston Herald, July 11, 2001; Andy Dabilis & Ralph Ranalli, Mob 
Lawyer Maimed in '68 Dies, Boston Globe, July 5, 2001).\943\

    7-17-01: Stephen Flemmi pleads not guilty to ten charges of 
murder. (John Ellement, Mobster Pleads Guilty to 10 Counts of 
Murder, Boston Globe, July 18, 2001).\944\

    Stephen Flemmi's alleged murder victims in Boston include: 
John McIntyre, Edward Connors, Thomas King, Arthur ``Bucky'' 
Barrett, Richard Castucci, James Sousa, Debra Davis, and 
Deborah Hussey. (J.M. Lawrence, Flemmi Vows Innocence as Case 
Heads to Trial, Boston Herald, July 18, 2001).\945\

    7-30-01: Linda Reardon takes a plea bargain on obstruction 
of justice charges before Judge Edward Harrington. Reardon 
admits telling her father, Edward G. Huff, about the existence 
of FBI pen registers on the phones of Billy Bulger and John 
``Jackie'' Bulger. Huff passed the information to his brother-
in-law Richard Schneiderhan, who passed the information in a 
note to Kevin Weeks. (John Ellement, Woman Admits Role in 
Tipping Bulgers to Wiretaps, Boston Globe, July 31, 2001).\946\

    8-2-01: The Estate of Brian Halloran files suit against the 
United States, acting through the FBI and DOJ, and others. The 
Halloran suit centers on the May 11, 1982, murder of Brian 
Halloran. Halloran, at the time, was providing information to 
the FBI due to murder charges that he himself was facing. In 
the course of his cooperation, Halloran provided information 
implicating James Bulger and the Winter Hill Gang in the murder 
of Roger Wheeler. Halloran had indicated that Bulger and others 
offered him the contract to kill Wheeler, but he declined. Like 
the Donahue action (see 3-13-01 entry), the Halloran Complaint 
adopts the judicial findings and Government allegations that 
Supervisory Special Agent John Morris wrongfully relayed the 
information regarding Halloran's cooperation to Bulger. 
Plaintiff seeks $25 million in damages.\947\

    9-10-01: Louis Greco's attorney John Cavicchi files a 
Petition for Pardon to exonerate Greco with the Massachusetts 
Parole Board by wiping ``away `the stigma of this wrongful 
conviction' posthumously for the sake of Greco's family.'' 
(J.M. Lawrence, Parole Board Asked to Clear Dead Man of Murder 
He Didn't Commit, Boston Herald, Nov. 12, 2001).\948\

    10-1-01: A few days before he is interviewed by the 
Committee on Government Reform and three days after a 
government prosecutor appears to have spoken to him,\949\ 
Robert Daddeico is presented with the following proposal by the 
FBI: ``Robert Daddieco, also known as [Name Redacted by 
Committee], hereby acknowledges receipt from the Federal Bureau 
of Investigation (FBI) of $15,000 for expenses to assist with 
his relocation, which expenses are being paid in consideration 
of the assistance he provided to the FBI. Mr. Daddieco 
acknowledges that the FBI has no further financial obligation 
to him. In addition, Mr. Daddieco acknowledges that he is aware 
of and has been advised by the FBI of potential risks to him as 
a result of his cooperation with the FBI. In addition, Mr. 
Daddieco acknowledges that he was offered protection in the 
Witness Security Program (hereafter the ``program''). Mr. 
Daddieco acknowledges that he was interviewed by the United 
States Marshal's Service and was accepted into the ``program.'' 
However, Mr. Daddieco thereafter indicates that he did not wish 
to enter the program. Mr. Daddieco acknowledges that he has 
been advised of and fully understands the risks he is incurring 
as a result of his decision, and, fully understanding the 
risks, still wishes to be responsible for his own relocation. 
The payment of $15,000 to Mr. Daddieco is intended to allow Mr. 
Daddieco to relocate on his own in lieu of his participation in 
the program. Since Mr. Daddieco is not relying on protective 
assistance from the government and in further consideration of 
this payment of $15,000 from the FBI, Mr. Daddieco agrees, on 
his own behalf and on behalf of his heirs and assigns, to hold 
the United States, its agencies and its employees harmless for 
any injuries or death to him and/or his family resulting from 
his cooperation with and assistance to the FBI.'' Special Agent 
Mike Buckley handled this matter. Daddieco does not sign this 
agreement, nor does he accept the $15,000.\950\

    10-30-01: Stephen Flemmi's affidavit dated December 13, 
1999, is submitted today ``by convicted Rhode Island mobster 
Robert DeLuca, along with a motion to set aside his May 1994 
state gambling conviction. DeLuca argues that he is innocent 
and that St. Laurent, a co-defendant in his case, set him up 
for investigators while working as an informant for the FBI and 
Rhode Island State Police. . . . DeLuca, who gained notoriety 
as one of four soldiers inducted into the New England Mafia in 
1989 during a blood-oath ceremony that was bugged by the FBI, 
has about four years left to serve in federal prison on 
racketeering and extortion charges.'' Shelley Murphy, Mobster 
Says He Stopped a Hit, Boston.com, Oct. 31, 2001.\951\

    11-6-01: In a letter to Attorney General John Ashcroft, 
three Massachusetts Congressmen, Representatives Barney Frank, 
Martin Meehan, and William Delahunt criticize the Justice 
Department for using ``procedural tactics'' to try and quash 
the John McIntyre suit. The Congressmen called the government's 
motion ``embarrassing.'' They write that ``the Justice 
Department has resorted to the kinds of procedural tactics that 
give the legal profession a bad name.'' \952\

    11-15-01: In the civil suit The Estate of John L. McIntyre 
v. U.S., Plaintiff McIntyre writes the following in its 
Opposition to Defendant United States' Motion to Dismiss: ``The 
government's motion to dismiss is all the more striking because 
in hearings before Judge Wolf, the government continued in its 
obstructionist conduct concerning McIntyre's disappearance 
causing the court to lament that the question concerning 
McIntyre's disappearance and death could not ``be resolved on 
the present record, in part because of the delayed disclosure 
of documents by the government and in part because ``it 
evidently was not in either the interest of Flemmi or of the 
FBI to have this issue fully developed in this case.'' See 
United States v. Salemme, 91 F.Supp.2d 141, 213 (D. Mass. 
1999). The government's shroud of secrecy first began to 
unravel when Stephen Flemmi claimed in court pleadings that he 
was protected from criminal prosecution based upon direct 
promises made to him by government agents. At first, the 
government suggested that Flemmi's claim was preposterous, but 
due to incessant and insistent judicial prodding, Flemmi's 
`fiction' became fact--bodies were recovered from the frozen 
earth of Dorchester and on December 22, 1999 the lead 
government agent was indicted for a RICO violation, including 
the allegation of his involvement in two murders. . . . Though 
plaintiff presented its administrative claim less then six 
months after learning sufficient facts to verify both the 
government's wrongful conduct and McIntyre's fate, the United 
States has filed a motion to dismiss pursuant to Fed.R.Civ.P. 
12(b)(1) claiming the Estate failed to present its 
administrative claim within two years of its accrual as 
required by 28 U.S.C. Sec. 2401 (b). . . . The government's 
motion to dismiss is factually insipid, legal deficient, and 
flirts with Rule 11. How is it that Mrs. McIntyre living alone 
and caring for her disabled daughter--who was treated as an 
outcast by law enforcement and did not have the power or 
authority to investigate criminal wrongdoing, wiretap 
telephones, conceal electronic eavesdropping devices in private 
homes and garages, offer immunity to those destined to long 
prison sentences--could have gained facts sufficient to file a 
lawsuit when those very facts allegedly escaped or eluded the 
investigatory power and resources of the federal government, 
until the government was forced fed them by Judge Wolf.'' \953\

    12-19-01: Roy French is freed from prison. The Boston Globe 
reports, ``The only man to admit he helped murder Edward 
`Teddy' Deegan in a Chelsea alley 36 years ago saw his 
convictions wiped out yesterday by Suffolk prosecutors, who 
decided recently discovered evidence of FBI misconduct denied 
Wilfred Roy French a fair trial. . . . Assistant District 
Attorney Mark T. Lee said that while the FBI reports strongly 
indicated Limone and Salvati were not involved in Deegan's 
murder, they did not absolve French. `It has always been our 
view that he was one of the shooters,' Lee said of French. 
Deegan was shot by three different weapons. And that hasn't 
changed, he said. Lee said Martin's office decided to 
effectively wipe off French's accessory-to-murder convictions 
from his criminal record because the revelations in the FBI 
reports seriously undermine their ability to retry French, 
especially since Barboza is dead. French's attorneys were 
seeking a new trial based on the FBI reports.'' John Ellement & 
Kathleen Burge, Deegan Defendant Freed After 34 Years, Boston 
Globe, Dec. 20, 2001.\954\

                                  2002

    1-10-02: The government files for dismissal in the Brian 
Halloran lawsuit. The government claims that ``plaintiff failed 
to present its administrative claim within two years of its 
accrual as required by statute, 28 U.S.C. Sec. 2401(b).'' The 
government argues that the action should have been filed in 
1984, which was two years after Halloran's death. In the 
alternative, it claims that the deadline was April 1998, which 
was two years after the reporting of Supervisory Special Agent 
John Morris's testimony. The Motion is submitted by Assistant 
Attorney General Robert D. McCallum, Phyliss Pyles, Peter 
Schlossman, and Margaret Krawiec.\955\

    2-12-02: Jack Zalkind tells reporter J.M. Lawrence that 
Barboza's testimony was corroborated by others involved in the 
case. J.M. Lawrence, Justice Dept. Won't Turn Over Memo in 
Salvati Case, Boston Herald, Feb. 12, 2002.\956\

    5-28-02: Former Special Agent John Connolly is convicted of 
``charges that he shielded the gangsters, accepted a bribe and 
tipped them to impending indictments. After deliberating two 
days, a federal jury found Connolly, 61, guilty of one count of 
racketeering, three counts of obstruction of justice and one 
count of making a false statement to the FBI. . . . Jurors 
found Connolly not guilty of one crime: leaking the identities 
of three men who had been talking to the FBI. The men were 
killed by mobsters in retaliation, prosecutors alleged.'' 
(Pamela Ferdinand, Ex-FBI Agent Convicted of Helping Gangsters, 
Wash. Post, May 28, 2002; see also Shelley Murphy and Thanassis 
Cambanis, Connolly Convicted, Boston Globe, May 29, 2002; J.M. 
Lawrence, Former FBI Agent Guilty, Boston Herald, May 29, 
2002).\957\

    7-31-02: Senior U.S. District Judge for the District of 
Massachusetts Edward Harrington sends a letter to his colleague 
on the bench, U.S. District Judge Joseph L. Tauro, who is 
presiding over the John Connolly sentencing matter. The letter 
outlines the reasons why Connolly's crime-fighting 
contributions should win him leniency when he is sentenced on 
September 16, 2002. This conduct is in contravention of the 
code of conduct governing federal judges, which specifically 
prohibits judges from initiating contact with a sentencing 
judge. See Jonathan Wells, Connolly Letter May be Ethics 
Violation, Boston Herald, Aug. 3, 2002.\958\

    8-5-02: Due to public pressure, Senior U.S. District Judge 
Edward Harrington withdraws his letter urging Judge Joseph 
Tauro to be lenient on convicted former FBI Special Agent John 
Connolly when he is sentenced in September. In the letter to 
Judge Tauro withdrawing his earlier request, Harrington insists 
that his first letter was proper: ``I believed that my letter 
was entirely proper as it was requested by the defendant, 
relates to specialized knowledge acquired as a federal 
prosecutor, and concerns the type of information traditionally 
considered by courts.'' He further writes, ``Given the present 
controversy surrounding my letter, I ask that my letter be 
withdrawn and not be considered in any way.'' He also 
apologizes to the court for any inconvenience or distraction 
his letter caused. See Thanassis Cambanis, Judge Withdraws 
Connolly letter, Boston Globe, Aug. 6, 2002.\959\

    8-14-02: Joseph Salvati files a notice under the Federal 
Tort Claims Act that he plans to sue the government for $300 
million. See J.M. Lawrence, Salvati to Sue Feds for $300M, 
Boston Herald, Aug. 14, 2002.\960\

    8-15-02: The Judicial Council of the First Circuit, a 
disciplinary committee, brings a complaint against Senior U.S. 
District Judge Edward Harrington for asking a colleague on the 
bench to be lenient on former FBI Special Agent John Connolly 
at his sentencing in September 2002. Harrington responds to the 
complaint stating: ``Upon reflection, I did commit a clear 
violation of Canon 2(B) of the Code of Conduct for United 
States Judges in writing a letter to District Judge Tauro 
relating to the sentencing in a criminal matter.'' He further 
states, ``For this act, I am exceedingly sorry and sincerely 
apologize to the Judicial Council and to my fellow judges in 
the First Circuit.'' See Thanassis Cambanis, Council Accepts 
Judge's Apology, Boston Globe, Aug. 24, 2002.\961\

    8-23-02: The Judicial Council of the First Circuit, a 
disciplinary committee, decides that Judge Edward Harrington 
has been punished enough after he admitted that he broke 
ethical rules when he asked Judge Tauro to be lenient on former 
FBI Special Agent John Connolly at his sentencing next month. 
The Chief Judge of the U.S. Court of Appeals for the First 
Circuit writes, ``I find that Judge Harrington's withdrawal of 
his July 31 letter, his admission of a clear violation of the 
Code of Conduct, his sincere apology, and his agreement to 
allow all complaint materials to be made public constitute 
appropriate corrective action to remedy the problem raised by 
the complaint.'' See Thanassis Cambanis, Council Accepts 
Judge's Apology, Boston Globe, Aug. 24, 2002.\962\

    9-16-02: Former Special Agent John Connolly is sentenced to 
ten years in prison for breaking the law to protect his 
notorious gangster informants, James ``Whitey'' Bulger and 
Stephen ``The Rifleman'' Flemmi. See Shelley Murphy, Connolly 
Sentenced to 10-Year Maximum, Boston Globe, Sept. 17, 
2002.\963\
    [Selected exhibits 1 through 350 follow:]
    
    
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