[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\
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\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).
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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).
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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\
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\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\
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\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\
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\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).
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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.
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\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\
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\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\
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\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\
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\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\
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\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.
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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\
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\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.
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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\
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\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\
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\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\
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\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.
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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\
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\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).
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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\
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\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).
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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\
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\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).
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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\
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\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:
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\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\
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\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\
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\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.
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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\
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\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.
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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\
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\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.
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\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\
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\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\
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\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\
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\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\
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\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\
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\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.)
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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:]