On May 4, 2005, John Connolly, Jr., was indicted in Miami Dade County, Florida, for conspiracy to murder former World Jai Alai president John Callahan, whose body was found in the trunk of his car in August 1982 in Miami. John Martorano was charged and admitted to the Callahan killing. James “Whitey” Bulger has also been charged with the Callahan killing. Stephen “The Rifleman” Flemmi, is serving a life sentence after pleading guilty in February 2004 for his role in the Callahan killing.
The indictment against John Connolly had been previously filed under seal. Why was this indictment not announced to the press until the day after John Connolly filed his motion for a new trial based on startling new evidence of prosecutorial misconduct?
Prosecutors announced the murder indictment at a major press conference in Florida. But the public was not told that Assistant U.S. Atty Wyshak had the indictment sealed for some time previously. Read below about the events that led up to the indictment.
With Connolly Conviction Jeopardized
Prosecutors Respond With Bogus Murder Indictment
Every Government prosecutor has a legal and ethical obligation to seek out the truth as the ultimate goal of the judicial process. As officers of the Court, it is their constitutional duty. Winning a case must always be seen as the discovery of the truth of the underlying facts and applying the law. It must never be accepted as the blindly obtaining of an unjustifiable conviction through coerced and extorted, uncorroborated perjured testimony in the interests of enhancing one’s professional career, or the carrying out of some ulterior personal vendetta.
By November of 2004, AUSA Wyshak knew he was in trouble. The “Newly Discovered Evidence” John Connolly was able to obtain primarily through the “Discovery” process in numerous related civil cases made it clear that John Connolly had not had a fair trial. Wyshak knew it. He knew Connolly now had:
A) Specific evidence that totally discredited Kevin Weeks in general, and in particular his testimony that John Connolly had “tipped” him on December 23, 1994 of the so-called “imminent indictment;”
B) Proof that Connolly was not acting as a “Rogue Agent” and evidence that former U.S. Attorney, Jeremiah O’Sullivan did indeed know that Bulger and Flemmi were murderers and FBI informants, and notwithstanding such knowledge, had specifically authorized and exercised “prosecutorial discretion” by protecting them from prosecution in the 1997 Race-Fixing Case for the purpose of using them against the mafia; and,
C) Evidence that Bulger and Flemmi both received specific authorization for their criminal conduct related to non-violent gambling activity by John Connolly’s direct supervisors. A De Facto “authorization” sanctioned by the Justice Department and understood all the way to Washington, D.C.
Salemme Admits He Lied At Connolly Trial
On top of that, the FBI, had produced an FBI 302 report of an interview with a Mafia associate of Frank Salemme’s revealing that while in prison Salemme had candidly admitted:
A) That all of his material testimony at John Connolly’s trial was perjurous;
B) That he falsely denied at the trial his true intent and motivation in providing the incriminating false evidence against John Connolly;
C) That he was encouraged and threatened by the Government to provide false testimony relative to the existence and timing of certain events material to the Government’s case;
D) That he received substantially more benefits and rewards than he admitted to under oath. Specifically he was allowed to keep all the hundreds of thousands of dollars he had acquired through his criminal control of the New England Mafia. They never fined him five cents;
E) That his cooperation was secured through the means of certain unlawful coercion, intimidation and duress, including the threat that the prosecutors would make sure that he would “Die in prison” if he did not cooperate against John Connolly.
Wyshak and other Government prosecutors launched a three pronged deceptive effort to cover-up their own prosecutorial misdeeds and cover up the miscarriage of justice. It would be a desperate attempt at damage control.
Salemme Indicted For Lying
First, within a matter of days of when they claimed they first learned of Vella’s FD 302 Report, they arrested Frank Salemme and indicted him for obstruction of justice and furnishing false information on his “plea agreement” in connection with the murder/disappearance of Westwood, Mass, businessman, Stephen DiSarro.
The prosecutors finally had no choice but to admit that Salemme’s testimony at John Connolly’s trial was indeed perjured, including his denying any knowledge and/or participation in any murders while boss of the New England branch of the La Cosa Nostra. In essence, in their desperation to now discredit “Cadillac Frank” Salemme, the Government reluctantly was forced to admit what they knew all along – that Salemme did, in fact, provide the perjured testimony they requested of him at John Connolly’s trial. Therefore, the Government had also De Facto admitted that they did not disclose to John Connolly all of those material and significant issues regarding Salemme’s criminal past for which they indicted him or which information they knew about prior to trial.
Second, the Government immediately understood that the disclosures in the Vella FD-302, coupled with the corroboration from two additional Government witnesses (“CS” and “Individual”), jeopardized their conviction of John Connolly, and indeed provided an additional source of professional and personal embarrassment to their respective careers.
Third, in a panic, Wyshak and others began to strategize. The Salemme 302 Report was kept under wraps for months and months. Revealed to the press and public in August of 2005, the prosecutors, Wyshak and others knew about the 302 Report in 2004. See list of Dept of Justice personnel who were notified of the Vella-302. If John Connolly went forward with a motion to the court to prove his innocence they would once again smear him in the media with a bogus indictment calculated to generate the necessary negative publicity that would prejudice him in the eyes of the public and, more importantly, influence the outcome of any judicial decisions John Connolly might seek.
The prosecutors waited to see what John Connolly’s reaction would be to the startling disclosures of Salemme’s perjury in the Vella 302 Report and the discovery of the suppressed evidence proving it was federal prosecutor Jeremiah O’Sullivan at the U.S. Attorney’s Office itself who had “protected” Bulger an Flemmi.
On Day After Connolly Files For New Trial Wyshak Unseals Murder Indictment
On April 29, 2005, John Connolly filed what’s called a 2255 Motion. The motion was brought pursuant to new Supreme Court decisions that deemed it unconstitutional for a Court to punish a defendant for crimes never charged or proven beyond a reasonable doubt. The five charges for which John Connolly was found guilty of, called for a 30-37 month sentence according to the appropriate “range” within the U.S. Sentencing Guidelines. An unconstitutional interpretation of the guidelines had resulted in a ten year sentence, seven years of which were for crimes for which he was not convicted.
On May 3, 2005, John filed a motion to stay his 2255 motion so that he could pursue a new trial which called for a Rule 33 Motion. John requested the Court that:
“The 2255 proceedings…be stayed until such time as there is final adjudication before this Court on the Rule 33 Motion for a new trial to be filed on or before May 23, 2005…
That was it: John Connolly had telegraphed his intention on May 3, 2005 to seek a new trial based on the multiplicity of constitutional violations and perjury he had discovered since his wrongful conviction.
The next day, May 4, 2005, Wyshak unsealed the indictment he had sealed for some time previously. AUSA Wyshak was on hand in Florida for the press conference announcing that John Connolly had just been indicted for conspiracy to murder John Callahan.
Was it coincidence the indictment was announced the day after John Connolly filed his motion for a new trial based on startling new evidence of prosecutorial misconduct?
The Weak Case For Indictment
At the time of the unsealing of the indictment, Wyshak knew but likely never told the Miami Florida authorities that both of the witnesses the Florida authorities would be relying on in their prosecution, had already in testimony, in effect, exonerated John Connolly!
Moreover, John Connolly, had already been acquitted of exactly the same charges in his federal trial. They had charged him with obstruction of justice wherein it was alleged that he tipped Bulger and Flemmi that the FBI were seeking to put John Callahan before a federal grand jury. It turned out that there wasn’t even a federal grand jury sitting at the time John Connolly was supposed to have committed this crime. Wyshak repackaged the same charges for which John Connolly was acquitted and changed the title to conspiracy to murder.
However, Wyshak’s own new “star” witness would be the one to expose the fraudulent indictment as the hoax it was when Stephen Flemmi made two appearances before civil depositions – under oath!
October 24, 2004 Stephen Flemmi Deposition (Tr. 319)
Stephen Flemmi testified as follows:
Question: “Did anyone from the FBI ever tell you to kill anyone?”
Answer: “No, not to me directly, or indirectly.”
He is more definitive when he again testified, under oath, at another civil deposition on April 25, 2005:
April 28, 2005 Stephen Flemmi Deposition (Tr. 377)
Stephen Flemmi testified as follows:
Question: “Agent John Connolly, did he ever suggest to you directly or indirectly, that certain people get killed?”
Answer: “No.” (Tr. 377)
On April 28, 2005, (Tr. 315-318)
Stephen Flemmi admits:
1) They were never protected from murders by the FBI in connection with their informant activities;
2) They had never told Connolly or anyone in the FBI that they had ever been involved with murders;
3) And that it would be “unthinkable” to discuss murders with anyone in Law Enforcement, or for that matter with someone in his own criminal group.
April 28, 2005, (Tr. 356)
Stephen Flemmi testified as follows:
Question: “You never told Mr. Connolly that you had ever been involved in a murder or participated in a murder at any time; is that right?”
Answer: “I never said anything to him of that nature, no.”
Question: “Did you ever tell anyone at the FBI that you had been involved in a murder or participated in a murder?”
Answer: “No. Never did.”
This testimony of Flemmi was given just 6 days before AUSA Wyshak caused the unsealing of the Florida murder indictment that he knew to be a fraud. Flemmi’s testimony illuminates the fact that the murder indictment of John Connolly was designed to distract attention from prosecutorial misdeeds.
Second Witness Never Met, Communicated With Connolly
Murdered 20, Sentencing Deal: 6 months per victim
Furthermore, the other “witness” the Florida authorities were being asked by Wyshak to rely on is John Martorano, who despite pleading guilty to 20 murders was back out on the street after he served approximately 6 months per murder! Martorano, however, like Flemmi, hurts, rather than helps, the Government’s case. He has already pled to the murder of John Callahan and had admitted, under oath, that he and Joseph McDonald (now deceased) were the ones who murdered John Callahan. He also admitted, under oath, that he never met nor had any communication, whatsoever, with John Connolly. Martorano, in his prior testimony, never, at any time, has said that John Connolly was ever involved in any murder or conspiracy to murder anyone, never mind John Callahan.
The question that one cannot help but pose is: How does one conspire to commit a murder with alleged co-conspirators, who never even told the person accused, that they ever killed anyone in the first place?
Wyshak’s Boss Blasts Flemmi’s Credibility
The hypocrisy of Wyshak’s indictment, brought to conceal prosecutorial misconduct, can best be seen by the statement of Wyshak’s boss, AUSA Herbert, in his attack on Stephen Flemmi, the very “star witness” Florida authorities will rely on. Herbert’s attack on Flemmi came in an affidavit submitted May 13, 2003 in connection with a civil action; Stephen M. Rakes, et al., v. United States, et al.,
“Flemmi is capable of abusing Federal Rules of Procedure, and capable of obstructing justice, in a variety of ways, including perjury and witness tampering, and is willing to do so.” “This is not a matter of speculation…. Judge Wolf found that Flemmi had lied during his testimony in the 1998 evidentiary hearings in the Salemme case….Flemmi is currently charged In the RICO case pending before Judge Stearns with having perjured himself and obstruction of justice during the Salemme hearings, and also with having tampered with evidence In the year 2000 bearing on the than ongoing RICO murder investigation and prosecution. Flemmi is also charged with murdering individuals ….”
Wyshak and Herbert attack Flemmi as a liar, a perjurer, and an individual who has had no regard for Federal Rules of Procedure and who is willing to obstruct justice. Now they advocate that this same liar and perjurer be offered to John Connolly’s Judge and Jury in Florida as a credible witness? This would be almost comical if someone’s life was not at stake!
Flemmi’s Outrageous Allegations
Against, Boston Globe, John Kerry, FBI
Prior to embracing his latest psychopathic, serial-killing cooperating witness, Wyshak and his associates in the Boston U.S. Attorney’s Office had cut unconscionable “deals” with Salemme (killed 19), Martorano (killed 20) and Weeks (5), who collectively were responsible for (44) murders! It is ironic that these are the same prosecutors who maligned the FBI for cutting deals with Top Echelon Informants allowing them to engage in a gambling business. Gambling is a far cry from murder. However, in cutting the deal with Flemmi they got more than they bargained for.
Two of the 10 plus murders Flemmi admitted to were women. One was his girlfriend and the other was his stepdaughter whom he had been sexually molesting since she was 12 and whom he murdered when she was 26. Flemmi cut their fingers and toes off and extracted their teeth to prevent identification. However, it was not until Flemmi appeared for his two depositions that Wyshak exposed the Government’s “deal” as a colossal blunder.
Flemmi in his depositions made a series of outrageous scatter-shot allegations. Flemmi accused Senator, John F. Kerry, of accepting $5,000 case from a fellow gang member “When Kerry was running for office in the mid-1960’s” The only problem with that tale is that Senator Kerry wasn’t even in “Public Office” during the mid-1960’s – he was in Vietnam. Even the gangster, who allegedly made the illegal payment, Howie Winter, denied he had ever done such a thing.
Accused Boston Globe of Larceny
Flemmi did not stop there; he accused the Boston Globe newspaper of stealing electricity from the Boston Edison company by using an engineer to fix their electric meters. The Boston Edison Company, now NStar Corporation, said this was untrue. Finally he claimed that he paid money to every FBI Agent he ever met including accusing, former supervisor, James “Jim” Ring of tipping him off to a wiretap and accepting a $500 Meerschaum Pipe. Flemmi said that he paid several other FBI Agents as well. Finally, somebody had the courage to speak up. Boston FBI boss, Ken Kaiser, branded Wyshak’s witness as a liar in a Boston Herald article CLICK HERE TO READ( ) The Boston Globe also questioned Flemmi’s credibility and a spokesperson for Senator Kerry branded Flemmi as a liar.
Connolly Refuses Wyshak Deal
Wouldn’t Corroborate Lies
In the Spring of 2004, Wyshak was desperate to validate Flemmi’s lies. Wyshak and Herbert again attempted to get John Connolly to “cooperate” by threatening him with being charged with murder. They wanted him to corroborate the lies of Flemmi. In order to get his “deal,” John Connolly would have to allege that innocent FBI Agents accepted money, that Senator Kerry accepted cash from gangsters and that the Boston Globe was stealing electricity. John Connolly refused, saying none of Wyshak’s and Flemmi’s absurd allegations was true.