Justice For John-Newly Discovered Evidence

 

 


 

     


 

Newly Discovered Evidence

 

 

NEWLY DISCOVERED EXCULPATORY EVIDENCE

John Connolly was acquitted of the vast majority of multiple charges brought against him by the federal prosecutors. However, he was convicted of one count of racketeering (although acquitted of 9 out of the 14 alleged predicate acts), two counts of obstruction of justice and one count of furnishing a false statement. NOW, based upon NEWLY DISCOVERED EVIDENCE disclosed since his conviction in May of 2002, it makes this entire prosecution and conviction untenable for a litany of reasons. We present some of the newly discovered evidence here, together with certain public court documents, FBI reports, transcripts and other government documents.  

NEWLY DISCOVERED EVIDENCE INCLUDES:



INTRODUCTION 

John Connolly commenced serving his 10 year prison sentence term in September of 2002. It wasn't until the discovery and depositions taken in connection with numerous civil cases emanating from the FBI's handling of their informants, Bulger and Flemmi, that some serious fissures began to appear in the governments case against John Connolly. Newly discovered evidence that had never been provided to John Connolly's defense team began as a trickle, but eventually cascaded into a torrent of evidence of perjury and highly exculpatory documents.

The newly discovered evidence, obtained primarily through the discovery process in the numerous related civil cases, totally undermines any and all "confidence in the verdict" returned by the jury in John Connolly's case. These materials and evidence includes: (a) evidence that the main witness against John Connolly, Mob Boss, Frances Salemme lied at the trial; (b) specific evidence that discredits in general another witness, Kevin Weeks, and more particulary his testimony that John Connolly "tipped" him to the so-called "imminent indictment" on December 24, 1994; (c) evidence that former Assistant U.S. Attorney Jeremiah O'Sullivan did indeed know that Bulger and Flemmi were murderers and informants, that he specifically authorized and exercised "prosecutorial discretion" by removing them as defendants from a 1971 criminal case, and and that his actions were known and approved by the Justice Department in Washington, D.C.; and (d) evidence that Bulger and Flemmi both received "authorization" for non-violent criminal conduct by John's supervisors (Click on the lists above under "Newly Discovered Evidence Includes," and you will be able to read all of this evidence.)

What would have been of extreme importance to John Connolly's defense, constituting an absolute defense to the RICO charge, was the testimony of former U.S. Attorney Jeremiah O'Sullivan establishing the fact that there indeed had been "prosecutorial discretion" excersied on behalf of Bulger and Flemmi. This issue was the most critical element of the prosecution's case in sustaining its burden and getting to the jury on the RICO count. The government's position that "authorization," and "prosecutorial discretion," never existed, permeated every single aspect of the charged conduct in the indictment. Indeed, there would be no RICO conviction were it not for the government withholding this evidence from John's defense team. (See Motion for New Trial)

EXPLOSIVE FBI REPORT REVEALS SALEMME LIED

We will now discuss an explosive FBI 302 Report reflecting a post-trial interview with another government witness named Roger Vella, Jr. This interview is the first of several documents that have shocked the public conscience, and demonstrate that John Connolly was "framed" and "scapegoated" by those who sought to deny him a "fair trial".

The following 10 page FBI Report (See FBI Report of Roger Vella)  is that of an interview conducted by an FBI Special Agent with a government witness initially identified only as "confidential Source," (CS). This report was provided to the court on on November 16, 2004, but not disclosed to Connolly until five (5) months later. The interview with this individual, subsequently identified in federal court as Philadelphia Mafia associate, Roger Vella, Jr., perhaps reflects the most egregarious example of the government's outrageous prosecutorial misconduct in connection with their wrongful prosecution of John Connolly. Roger Vella, Jr., a cooperating government witness was incarcerated with Frank "Cadillac Frank" Salemme in the WITSEC Unit (Witness Security Unit) inside an undisclosed federal prison. A WITSEC Unit is exclusively dedicated to the protection of the government's cooperating witnesses. Frank "Cadillac Frank" Salemme, was the principle witness that testified against John Connolly. FBI Supervisory Special Agent, John J. Terry and FBI Special Agent, Eric H. Ruona, who authored this exlosive report, along with FBI Agent, Darin Werkmeistrer, are to be commended for their honesty in insuring that this evidence from one of the government's own witnesses was brought to the attention of Justice Department officials. The praise is well-deserved considering that the source was one of their own government witnesses, and despite the fact that it potential would publicly embarrass the Department of Justice vis-a-vis John Connolly's unlawful prosecution. Roger Vella, Jr., informed the interviewing agents that New England mob boss Frank Salemme told him that federal rosecutors actively coached him to give false testimony, while promising him immunity from prosecution for various crimes, including multiple murders.

The above FBI Report hit the Department of Justice like a "daisy cutter," sending shock waves to top Justice Department officials in Washington, D.C. Attorney General, John Ashcroft, directed that an independent review of the facts and circumstances relating to the stunning information reflected in the FBI Report be conducted by Patrick Fitzgerald, U.S. Attorney for the Northern District of Illinois.

AUSA Fitzgerald's review of Vella's information, conducted by his Strike Force Deputy, Mitchell A. Mars, not only failed to undermine Vella's information in any way, but, infact, the review yielded two additional government corroborating witnesses who had also been incarcerated with Salemme in the WITSEC Unit. They corroborated the essence of Vella's information. (See Report of Confidential Source), One of those government One of those government witnesses is also identified only as "confidential source" ("CS"), and is characterized by AUSA Fitzgerald's associates as a former member of the Philadelphia Mafia. This "CS" was interviewed in Chicago, Illinois, on February 8, 2005.

In order to understand the significance of this additional "CS's" evidence, together with that of the third government witness who was interviewed (being identified only as "Individual"), it is helpful to understand the substance of what Salemme testified to before the grand jury and at trial. We have borrowed from recently filed public court documents which state: At trial, Salemme testified that he did not blame Connolly for not warning him about the fact that his life was in jeopardy prior to being shot in 1989, and only blamed the FBI. Salemme testified that when he ran into Connolly in the parking garage in the Prudential Building in 1994, "there were no hard feelings." Likewise, Salemme testified that he had no hard feelings against Mr. Connolly for keeping him in jail for up to 16 years, asserting that, "Mr. Connolly never got me in jail," and that it was not Connolly's fault. Salemme falsely denied during trial that he had any motive to fabricate evidence against Connolly, and that he was there simply to "tell the truth," testifying that he intends to tell the truth to the jury as he did to the grand jury. The truth, however, was really what Salemme repeated and stated to the confidential source that was interviewed by Mitchell Mars. The "CS" advised Mr. Mars and his investigators, among other things, that Salemme told him that he considered Connolly a "scumbag," and he was going to "stick it up his ass" with his testimony.

Salemme also told this "CS" that he had received permission from the New York Mafia to testify against Connolly because he was an FBI Agent, that the government "was desperate for Salemme's assistance because of a statue of limitations problem," and that he [Salemme] would receive money, immunity, and would be released from prison shortly after he testified. (See Report of Confidential Source). The statements contained in the Report corroborate the statements Salemme also made to Roger Vella, Jr., and the third government witness identified only as "Individual." Indeed, Salemme was also proves credible about his being released "shortly after he testified" against Connolly -- which in fact happened.

With respect to the government's confidential witness known as the "Individual" (who was also incarcerated with Salemme), he stated that Salemme confided in him that he blames Connolly for the fact that there was an attempt on his life. Salemme further told the "Individual" that he was looking forward to testifying against Connolly, and wanted to get back at him for what he felt was a conspiracy to kill him. Additionally, Salemme stated that he believed Connolly set him up in connection with another indictment.

These admissions by Salemme to "Individual" further corroborate the statements made to FBI Special Agents by Roger Vella, Jr., and serve to collectively confirm the broad based perjury engaged in by Salemme as the government's top witness in obtaining the indictment in the first instance before the grand jury, and later during his testimony at the Connolly trial itself. All of these post-trial confidential source statements now included as part of the subject materials in John Connolly's motion for a new trial.

THE UNIMPEACHABLE CREDIBILITY OF ROGER VELLA, JR

A Philadelphia Attorney representing Roger Vella, Jr., was quoted in a Boston Globe article on August 18, 2005, entitled, "Lawyers in Connolly Case Cite Allegation Salemme Lied." Mr. Nastasi staunchly vouched for the credibility of Roger Vella, Jr., and told the Globe that Mr. Vella has previously testified as a government witness in a case in Philadelphia, and was clearly found credible by the jurors. The Boston Globe reported that this 2003 case in Philadelphia resulted in the conviction of a reported drug dealer for two murders.

O'Sullivan Admission Proves Connolly Was No Rogue Agent  Click  Here


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