Tuesday, June 25, 2013

Unusual approach by Bulger prosecution

By Matt Connolly
What’s highly unusual in prosecutor Fred Wyshak’s presentation of the informant issue is that he’s not using an FBI agent, which is normally done when FBI records are introduced, but a guy named James Marra who is with the Department of Justice’s office of the inspector general . One wonders why.
Is the FBI allowed to tell an assistant US attorney that it will not cooperate with him by producing its own records? Or is it Wyshak doesn’t trust the FBI? And if that is either of these circumstances, especially the latter case, what does that tell us about these people.
There’s also a little something mysterious about how Marra came about these records. His job as I understood it is to oversee the operations of the various departments in the Department of Justice to ensure they are operating on the up-and-up. He has been in that job since 2004. He testified that he gained access to these documents because he was investigating or more broadly working on a case involving FBI Agent John Connolly.
One would assume that a person from the OIG would be doing that to a person who is currently in the employ of the agency. But that couldn’t have been the reason here because in 2004 John Connolly was in prison. He had a trial in 2002 which I wrote about in my book Don’t Embarrass The Family.
I don’t quite understand why he’s going back and looking at Connolly sometime after 2004. All that was pending at that time was the Florida indictment but I can’t imagine the OIG of the DOJ being used to support a state prosecution. If that’s the case again one has to wonder what is going on.
All I can surmise is that if there were a legitimate reason for the OIG to be investigating something relating to John Connolly, and it was not being used for purposes other than what is intended that is as a tool for the prosecution, then it was investigating the actions of other FBI agents involved with Connolly. We know nothing came of that investigation since no charges were forthcoming. And dare we surmised that if none of the other FBI agents who worked with Connolly were found to have done nothing wrong, then perhaps Connolly’s wrong doing is being overstated.
There is a big picture here that we are trying to penetrate. It is far bigger than the trial of Whitey which anyone can learn about in the minute by minute inane updates posted by some. We’ve had a certain story told to us that has shown itself to consist of many falsehoods surrounding Whitey. It has many more aspects to it than the mere guilt or innocence of Whitey. Much of that we have tried to deal with and to penetrate over the time this blog has been written always challenging the think-like attitude of the media that has entangled itself in one version of events.
The presentation of James Marra of DOJ’s OIG is just another queer thing that is happening. How does one conduct the cross-examination of a person who presents as no more than a keeper of records. Marra had nothing to do with what’s in those records – he can be asked if he has personal knowledge that Whitey ever talked to Connolly about those issues and he’ll say no. He can also be asked if Connolly could have made up everything he reported or gotten it from other agents and attributed it to Whitey’ He’ll have to agree. He’ll be asked if Stevie Flemmi could have given that information to Connolly. He’ll answer he could have. He’ll be inquired of whether there is anything in all the files he examined to show that Whitey knew he was listed as an informant or that he knew Connolly was writing down any information and attributing it to him. He’ll be asked to point to any evidence that shows Whitey was an informant – and when he points to some interview he made with Sarhatt – he’ll be asked whether there is any indication Whitey knew that was done or approved it.
When Marra tries to defend the records by showing they were recorded by others than just Connolly he’ll be asked if he read Judge Wolf’s findings. Did he see Judge Wolf found there were many in the FBI office in Boston who were playing fast and loose with the rules? He’ll be asked if he didn’t see them whether he knows about them. He’ll be asked about why there are no photos or signatures of Whitey in the files.
He should be asked how many informants files he examined and how many were deficient in required information. If none, then Brennan raises his eyebrows and says “no other. Doesn’t that tell you something is wrong;” or if he answers some or several other files were missing information, then Brennan raises his eyebrows and says, “that’s a pretty deficient way to keep records, isn’t it?”
Brennan shouldn’t be long but he can have some fun kicking Marra around. As I’ve written before it’s a nonissue so nothing will come of it except to make Whitey feel better – and since there won’t be too many times for him to have that feeling then who can complain.

Has Whitey Bulger been indicted for being an informant? You’d think that was an issue if you sat in the court yesterday, or even the day before that or today.
Whitey’s charged with racketeering with the underlying offenses being 19 murders. The prosecution proving he committed just two of them will carry the day for him to be convicted of that charge as a racketeer. Two out of 19, the odds are pretty good. Whitey’s also charged with money laundering and drug dealing and extortion. He’s pretty much admitted to having done these if we are to believe his lawyer’s opening statement.
But from all I can see the prosecution is trying to prove he’s an informant. It’s like trying to prove he’s a white guy in his mid-eighties who is in custody and is a vegetarian. It matters little to the issues before the jury. Why are we spending a whole day or two on trying to prove it.
Because Whitey had decided he is not an infoRmAnT, it seems prosecutor Fred Wyshak thinks he has to prove he is one. If Whitey had filed a pleading in which he said he wasn’t a vegetarian, would we have listened to a dietician or some other food expert going through his restaurant bills or grocery store purchases to show that he is lying. She’d testify he has never had a meal or purchased food that contains any animal products. We’d all say “so what!”
We know whether he’s a vegetarian or not does little to help prove whether he murdered 19 people. Yet the same thing applies whether he’s an informant. You understand this because the jury could unanimously decide he was not an informant and still find him guilty of all the charges; or come to the same conclusion after deciding he was an informant; or be split six to six over whether he was or was not an informant and still come to a unanimous verdict. Just as it could do if Wyshak was trying to prove he was a vegetarian.
Unless I’m missing something, none of this should have been introduced into evidence. It is all irrelevant to the charges. So it leaves me with the question, is Wyshak trying this case to a jury or is he trying it for the media?
Yesterday he spent the day putting in Whitey’s informant records. To what purpose? We’ll never know if the jury concludes he was an informant or not, that is not its job and it will not be deciding that issue. The judge won’t instruct the jury on that issue. If that’s the case why is so great a deal being made about it. Is Wyshak confused as to the issues in the case? Has he thought through what the case is about or is he using the case for a secondary purpose, as the rubber match in his cases against FBI Agent John Connolly. Does he somehow think a verdict against Whitey will also be a verdict against Connolly?
Wyshak told the court yesterday he was not going to get caught up in the defendant’s pretence that he was not an informant. Not Freddy. He is going to do all in his power to destroy any attempt by the man who’ll rightly die in prison to claim that he isn’t something which he clearly is. To what end?
Whitey should know the verdict’s in on whether he was an informant. He was and for all time will be remembered as one even if Wyshak did not go through the unnecessary waste of time preaching to the converted.
Whitey’s going to die in prison, that should be his fate, I’m sure he’s going to be sent to the worst prison in America, ADX, which is where he belongs if half the things we’ve read about him are true. Two of the witnesses against him also belong there but that’s another story.
Whitey allegedly said in court yesterday loud enough to be heard by others that “I’m not a fucking informant.” Let him believe it. Guys like Whitey live in their own little world of delusion and visions of grandeur and importance which we can never enter no matter how much we try. I’m sure Hitler, Joe Stalin and John Martorano thought they were good guys. We knew what they were and no one took up trial time to prove that they weren’t.
Wyshak should stop trying to enter Whitey’s world and follow down every false trail laid by the defense. He should stick to what the charges against Whitey are. He’s got a good strong case and if the jury won’t convict Whitey after they hear the evidence against him, especially the destructive birds of a feather theme, that he was an informant will not save the case.

Read more: MATT CONNOLLY: Unuaual approach by Bulger prosecution - Quincy, MA - The Patriot Ledger http://www.patriotledger.com/blogs/mobileghmne/x997472703/MATT-CONNOLLY-Bulger-prosecution-loses-its-way#ixzz2XFrABeq3
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