U.S.Department of Justice’s & Assistant United States Attorneys: Jeffrey Auerhahn & Cynthia Ann Young’s INTENTIONAL Brady violations withholding core exculpatory material evidence from the 1997 investigating federal grand jury & the 1998 First trial & 1999 Second Trial without due process of law:
The withheld discovery by the government that is material under Brady v. Maryland, 373 U.S. 83 (1963); Giles v. Maryland, 386 U.S. 66 (1967);
Also in violations of the Local Rules of the United States District Court District of Massachusetts, provides for automatic discovery at all times relevant to Marino’s case (United States v. Marino, CR-97-40009-NMG. (District of Massachusetts)) within the meaning of Brady & Giles. Local Rule 41(a)(5) 1986 version; Local Rule 116.1(A)(5) 1990 version. In the form FBI TOP ECHELON informant (PUBLICLY KNOWN) Mercurio, Bulger & Flemmi called Salemme, to a location in Saugus, Massachusetts on June 16, 1989 to be assassinated.
See United States v. Salemme, 91 F.Supp.2d at 263 (D.Mass.1999) Also see UNDER SEAL Exhibits: 188. 194, 237, 246; FBI agent Ring’s testimony 6-16-1998 Tr. at 55.
The following withheld exculpatory material Brady, Giles & Giglio evidence & Egregious governmental misconduct was INTENTIONALLY withheld from the 1997 federal grand jury, 1998 Jury Trial & 1999 Jury trial of Marino, as a result of some external governmental & judicial impediment, generating governmental & judicial interference and that there is both a reasonable & actual probability of a different result had the discovery been handed over to Marino, the result of the proceedings would have been different, much more favorable to Marino.
Example, Judge: Nathaniel M. Gorton, ORDERED all defense counsels during Marino’s First & Second Trials to refrain from using the names of FBI agent: Connolly (now convicted of murder & serving 40 years in state prison State of
Florida v. Connolly, (Miami, Florida, Sept. 22, 2008); U.S. v. Connolly, 341 F.3d 16-29 (1st Cir.2003) sentenced to an additional 10 years in federal prison for being part of the criminal organization of Salemme, Flemmi & Bulger & protecting it from its enemies & law enforcement), Angelo “Sonny” Mercurio,
James “Whitey” Bulger (charged with committing 19 murders while working as a FBI informant for FBI agents: Buckley, Ring & Connolly), Stephen “The Rifleman” Flemmi, plead out to committing 20 murders while working as a FBI informant & now a government witness.
See United States v. Marino, CR-97-40009-NMG. (District of Massachusetts) Trial Transcripts:
DAY 5 pages 6,7.
DAY 7, pages 104, 185;
DAY 8, pages 38,39,71,72,75,85,149,150;
DAY 9, pages 5,6,29,31;
DAY 10, pages 4,7,9,10,14,16;
DAY 11, pages 95,96,143;
DAY 16, page 194;
DAY 21, pages 90,95,105;
DAY 22, pages 124-128,197,198;
DAY 23, pages 7,129,133,186,187;
DAY 24, pages 180,209,212;
DAY 25, pages 95,103,108,128,137,194,196,197;
DAY 26, pages 4,5,51,54,67,69,70,73.
Accordingly, if Marino’s lawyer was allowed to use the names during cross-examination of the government’s witnesses & FBI agents, including Michael J. Buckley, during Marino’s 1998 & 1999 trials, the following withheld discovery MAY have been presented to the 1998 & 1999 JURY TRIAL JURORS:
Found in United States v. Salemme, 141, 262-311 (exhibits:188-247) UNDER SEAL (D.Mass.1999).
Which would have supported egregious gross governmental misconduct & core Brady, Giles & Giglio violations, which may lead to Marino’s actual, factual & legal innocence of the June 16th, 1989, Salemme attempted murder, depicted as predicate racketeering Act A-2 in Count One RICO & Count Two RICO conspiracy against Marino.
Even though the JURY MARKED NOT PROVEN BEYOND A REASONABLE DOUBT on the Salemme attempted murder depicted as predicate racketeering act A-2 in Counts 1 & 2, on December 22, 1999, the Court (Judge: Gorton) with the urging of the government: (AUSA’S: Auerhahn & Young) dramatically enhanced Marino sentence and extra 8 Offense Level enhancement from Offense Level 28 Criminal History 5 to Offense level 36, Criminal History 5, from 130 months to 420 months sentence, by the mere preponderance of the evidence, taking away the power of the jury’s NOT PROVEN VERDICT. Marino received an extra 24-25 years enhancement, unlawfully without DUE PROCESS OF LAW.