|
This
is recorded in the Congressional Report chronology at;
http://www.gpoaccess.gov/serialset/creports/everything-secret.html
http://www.gpoaccess.gov/serialset/creports/pdf/108-414/chron1.pdf
(452)
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, 21.2-3
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
im-
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plication 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
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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
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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
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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 en-
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457
tire 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. .
. .
(Tamaleo died in prison for a murder
he did not commit along with
three others that after 30 years
in jail won a $102 Million dollar lawsuit
in 2007 against this ROGUE FBI by
Joesph Balliro's daughter Juliane
Balliro.)
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''
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458
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
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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
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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
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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-(The original head of the Irish Mob in Winter Hill
"Gang" - then Howie Winter took over - then James "Whitey"
Bulger took over after he set him up and got rid of him through
his FBI buddies/partnership- "The NEW MOB is BORN")-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
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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
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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
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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
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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
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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
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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 pros-
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ecute 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 Commit-
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469
tee 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.''
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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
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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
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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
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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
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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
var-
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475
ious 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
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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
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477
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,
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478
''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
infor-
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479
mation 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
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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
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481
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 infuri-
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482
ated 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
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483
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
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484
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
ef-
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485
forts 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
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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
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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
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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
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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
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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
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491
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
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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
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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
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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
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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
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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
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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, Ron-
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ald 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
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499
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
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500
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.
How-
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501
ever, 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
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502
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,
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503
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 informa-
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504
tion 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
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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
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''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
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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 Investiga-
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tion 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 REVIEWJOURNAL,
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.
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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
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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
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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.
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. . . 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: Now, 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: I made no promises to him.
Q: Now, regarding any testimony which he might give, did
you make any promises to him regarding any testimony
he might give?
A: I made a statement to him.
* * *
Q: You made certain statements to him?
A: Yes, I did.
Q: Regarding what?
A: I told him than any cooperation that he gave to the
United States Government will be brought to the attention
of the proper authorities.
Q: Now, did you make any statements to him regarding
testimony that he might give in Rhode Island?
A: No, I did not.
* * *
Q: Did 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
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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
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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 highlevel
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
in-
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515
formants 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
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516
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
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517
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
tes-
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518
timony. (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
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519
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 Bed-
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520
ford, 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
free-
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521
dom (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
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522
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,
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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
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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
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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
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526
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
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527
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
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528
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
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529
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
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530
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
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531
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 fol-
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lowing 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
socalled
'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
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533
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
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534
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.
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(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
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536
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
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537
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
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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
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539
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
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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 news-
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paper 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 de-
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542
fender, 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
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543
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
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544
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
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545
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 in-
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546
vestigator, 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
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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,
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548
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
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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
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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 Com-
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mittee 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
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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
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553
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
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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
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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
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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
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557
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
(Note: Looks like the same type of
thing that Author Peter Manso is running up against-Worthington
Case-2009)
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
(NOTE: Both Joseph Balliro &
then Attorney Robert George from this case have both represented
Salemme)
(Robert
George worked for six years under Joe
Balliro through 1990 and then representented Salemme a few years
back)
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
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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
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alone at the Spring Street Metropolitan Transit Authority turnaround
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
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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
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561
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
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562
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
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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
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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
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565
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
in-
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566
clude: 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
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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.
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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
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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
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570
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
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571
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
[Jo-
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seph] 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
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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
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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
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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
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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
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577
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
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578
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
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579
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, de-
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580
nied 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
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581
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
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582
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
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583
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
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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 reflect-
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ing 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. § 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 multistate
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
Ri-
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586
fleman'' 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
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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
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588
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
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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
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590
''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
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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
Ste-
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phen ''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
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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 devel-
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oped 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
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595
''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
ac-
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596
tivities. 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
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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
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598
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.
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599
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
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600
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
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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
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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, Com-
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missioner 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 com-
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mutation 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
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605
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
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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
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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
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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.''
(Note: Richard M. Egbert Represented now
convicted felon former Senate Pres.
Tom Finneran - Egbert passed in the summer of 2008 - heart Attack.)
Mat-
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thew 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, ORVerDate
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610
ANGE 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
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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
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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
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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
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614
[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, codefendants
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
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615
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
vio-
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616
lations 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
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617
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
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618
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 121.2 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 As-
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619
sociated 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
121.2 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.
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(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
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Claim, pursuant to the Federal Tort Claims Act, 28 U.S.C. §
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
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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.'' (Com-
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monwealth 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
Com-
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624
monwealth 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
en-
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forcement 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
(Note: The Defense Attorney Robert George was one of the lawyers representing an Donahue
family that lost their husband/father that lived next door to
this man Halloran and was killed by giving him a car ride, innocently.
The judgement was for $3.7 million dollars)
Sweet 'victory' for Bulger victims'
kin - BostonHerald.com
...allegedly whacked. "The judge didn't just put the government's
feet to the fire today, he threw them in," said Robert George, one of the attorneys representing Donahue's
widow and three sons. William Christie, attorney for Halloran's...
Source: Boston Herald
www.bostonherald.com/news/regional/general/view.bg?articleid=1045909
Sweet 'victory' for Bulger victims'
kin
Judge calls for Whitey reparations
By Laurel J. Sweet
Tuesday, November 20, 2007 - Updated 227d 17h ago
+ Recent Articles + Email + Bio
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A fed-up federal judge told the U.S.
Department of Justice yesterday it's time to own up and pay the
anguished families of a half-dozen alleged victims of fugitive
gangland serial killer James "Whitey"
Bulger.
U.S. District Court Judge Reginald C. Lindsay called for creating
a reparation pool similar to what
was afforded the casualties of 9/11.)
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
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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
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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
(Note: The Defense Attorney Robert George was one of the lawyers representing an innocent
family that lost their husband/father that lived next door to
this man Halloran and was killed by giving him a car ride, innocently.
The judgement was for $3.7 million dollars)
Sweet 'victory' for Bulger victims'
kin - BostonHerald.com
...allegedly whacked. "The judge didn't just put the government's
feet to the fire today, he threw them in," said Robert George, one of the attorneys representing Donahue's
widow and three sons. William Christie, attorney for Halloran's...
Source: Boston Herald
www.bostonherald.com/news/regional/general/view.bg?articleid=1045909
Sweet 'victory' for Bulger victims'
kin
Judge calls for Whitey reparations
By Laurel J. Sweet
Tuesday, November 20, 2007 - Updated 227d 17h ago
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A fed-up federal judge told the U.S.
Department of Justice yesterday it's time to own up and pay the
anguished families of a half-dozen alleged victims of fugitive
gangland serial killer James "Whitey"
Bulger.
U.S. District Court Judge Reginald C. Lindsay called for creating
a reparation pool similar to what
was afforded the casualties of 9/11.)
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.''
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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. § 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
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629
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. § 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
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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
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