Vincent M. Marino requests from the Executive Office of the United States Attorneys Department of Justice, documents that were intentionally withheld from the investigating Federal Grand Jury in 1997, the 1998 & 1999 Jury Trials via: United States v. Marino, CR-97-40009-NMG. (District of Massachusetts/Worcester/Boston), are as follows:
All statements (whether or not reduced to writing of computer data compilations) and all evidence or information that individuals other than the defendant/Plaintiff Marino who were involved in the shootings of Salemme, June 16, 1989 & the June 1989 Grasso murder or that the defendant/Plaintiff: Marino was NOT involved, including testimony, exhibits, affidavits, declarations, notes and reports introduced in the proceedings reported in United States v. Salemme, 91 F.Supp.2d 141 (D.Mass.1999), specifically pages: 261-311 (exhibits: 37, 164, 188-191, 194 through 248 referenced in that opinion).
All reports of FBI agent Vincent DeLaMontaigne. See Transcript II (Second Trial); Vol. 5: page 6.All reports, including, but NOT limited to, reports of FBI agent: Robert Walther, pertaining to the June 16, 1989 Salemme attempted murder and to debriefings of John “Smiley” Mele.All reports, including, but not limited, to reports of FBI agents: Michael J. Buckley, John J. Connolly Jr., and James Ring pertaining to debriefing of Angelo “Sonny” Mercurio (aka) Angelo Matero (transcript error). See Transcript I: Volume 5: page 109.All notes pertaining to debriefings of and meetings with Angelo “Sonny” Mercurio.See Salemme, 91 F.Supp.2d at 263 (D.Mass.1999).
All notes of FBI agent: Buckley and any other agents (federal of state) pertaining to debriefings of John “Smiley”Mele regarding the attempted murder of Salemme. See Transcript I: Volume. 5: Pages 103-106; Transcript II: Volume 8: pages 78-79.All notes of FBI agent Walther regarding a 1998 debriefing of Mele. See Transcript I: Volume 5: page 112.Salemme extorting Mele and Laface prior to the attempt on Salemme’s life in June, 1989.
Statements of Mercurio to FBI agents: Connolly, Buckley and Ring regarding the attempted murder of Salemme in June 1989 or the threat of violence in the months leading up to the attempted murder of Salemme. See Transcript I: Volume 10: page 48ff.
Statements of Mele regarding the attempted murder of Salemme.
See Transcript II: Volume 8: pages 78-79.The involvement of Mercurio in planning or carrying out the attempted murder of Salemme in June 1989.Psychiatric, psychological or other mental health reports concerning Mele.Transcript I: Volume 8: page 9.
Any documents, notes or reports that discuss, refer to or are a result of government informant or government agent status of any alleged co-conspirators, indicted or unindicted, or other member of the alleged RICO enterprise (the “Patriarca Family“), during the period January 1, 1989 to 2013, including but not limited to: Connie Cono Frizzi Sr and Jr., Frank Salemme, Angelo “Sonny” Mercurio; Frank Imbruglia, Robert Dinati, Mark Rossetti, Robert Deluca, James “Whitey” Bulger and Stephen “The Rifleman” Flemmi, Augustus “Gus” Laface, and John “Smiely” Mele.
Any documents, notes or reports that record, reflect or discuss any misconduct by any FBI or other government agent or attorney, including FBI agents: Michael Buckley, John Connolly, James Ring, John Morris, James Aheran, James Greenleaf, Assistant United States Attorney’s: Diane Kottmyer, Jeffrey Auerhahn, Cunthia Ann Young, George Vien, Carole Schwartz, Anita Johnson, Michael Tabak, James Herbert, in dealings with or handling of government informants or witnesses in this or any other case, including the Ferrara and Barone cases, including but not limited to: Matricia, Mele, Laface, Spisak, Patti, Mercurio, Pizzarillo, Jordan, Cirame, Paleo, Arceiro, Frizzi Sr., and Frizzi Jr.
Any documents, notes, or reports that record, reflect or discuss meetings between ‘cooperating witnesses” and “prime suspects” in the shooting of Frank Salemme in June 1989 or any debriefings of such cooperating witnesses regarding such meetings. See Salemme, 91 F.Supp.2d at 281.Any tape recordings, and any transcriptions thereof, of conversations made concerning disputes between Augustus “Gus” Laface, John “Smiley” Mele and Frank Salemme, Sr and Frank Salemme Jr., over drugs in the spring and summer of 1989, referenced in a (redacted) FBI FD 302 and FBI FD 209 reports of Special Agent Vincent DelaMontaigne referencing dates 6-22-1989 through July 12, 1989, and Transcription Request/Approval Sheet which was marked as Defendant’s Exhibit F for identification in the second trial of Marino in this case: United States v. Marino, CR-97-40009-NMG. (District of Massachusetts/Worcester/Boston).
- Copies of Exhibits: 188, 194, 234, 237 and 246 to the proceedings in United States v. Salemme, 91 F.Supp.2d at 267-269 (District of Massachusetts/Boston, 1999), to the extent those exhibits are other than the tape recordings and/or transcripts supporting egregious governmental misconduct.
Affidavit of attorney: Anthony Cardinale submitted in United States v. Salemme, 91 F.Supp.2d 311 (D.Mass.1999)This affidavits supports that FBI agent: John J. Connolly Jr., spoken with Attorney: Anthony Cardinale in June 1989 at Joe Tecce’s Italian Restaurant on North Washington Street in the North End of Boston and asked Cardinale what brings him here & Cardinale stated he was meeting his client Vincent Ferrara. FBI agent: Connolly’s response was: “I wouldn’t meet him in public as Frank Salemme is trying to kill him.”
Agent Connolly was also suspected by Chief Judge Mark L. Wolf, of instigating and fomenting violence specifically the June 16, 1989 Salemme attempted murder and the June 1989 Grasso murder.Note: FBI agent Connolly, also leaked sensitive confidential information to the Boston Herald Reporter: Shelley Murphy whom wrote in relevant part that Salemme would take over all of the Boston Rackets once Russo, Ferrara and Carrozza would be indicted for extorting two local bookmakers for over $500,000, which was caught on tape and soon to be indicted Russo, Ferrara and Carrozza. This article was published on June 13, 1989, three days later Salemme was shot in the chest, abdomen & leg but lived & Grasso was killed according to PUBLIC RECORDS.
- See United States v. Salemme, 91 F.Supp.2d pages 261-311 (exhibits: 188-246) UNDER SEAL (D.Mass.1999).
- See Marino v. United States Attorneys Office District of Massachusetts, et al., civil action #12-cv-872-RMC. (District of Columbia, Washington) PENDING, the payment of $8,960.00 for the government’s concealed over 200,000 pages from the 1997 investigating federal grand jury and the 1998 & 1999 jury trial of Marino, which would independently corroborate egregious governmental misconduct and Brady, Giles and Giglio violations that would lead to Marino’s actual, factual and legal innocence of the June 16, 1989 Salemme attempted murder and the conviction and sentences of Count One: RICO and Count Two: RICO conspiracy which together Marino received 30 year sentence for on and after 5 years for Count Three total of 35 years to served in prison.
The above discovery would further the PUBLIC INTEREST and would likely further that interest under: National Archives and Records Admin. v. Favish, 541 U.S. 157, 172, 124 S.Ct. 1570, 158 L.Ed.2d 319 (2004). According to Marino , disclosure will further the PUBLIC INTEREST in two ways. First, it will advance the PUBLIC’S INTEREST in knowing whether the federal government complied with its Brady v. Maryland, obligation to disclose material exculpatory information to Marino’s counsel, Second it would disclose egregious gross governmental misconduct specifically concerning the June 16, 1989 Salemme attempted murder and Marino’s conviction of Count One RICO and Count Two: RICO conspiracy and Count 30/Act-B cocaine conspiracy charges as predicate racketeering Act-B in Counts 1 and 2, supra.
See Kyles v. Whitley, 514 U.S. 419, 4378, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995) (“[T]he individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government’s behalf in the case, including the police, federal and state agents and informants. And more generally, Marino asserts disclosure will further the PUBLIC’S INTEREST in knowing whether the United States Attorneys Office for the District of Massachusetts, Executive Office of the United States Attorneys, FBI, Criminal Division, Office of Enforcement Operations, Office of Information Policy, U.S. Attorneys Office District of Columbia, United States Department of Justice and its components, et al., is withholding information that could corroborate Marino’s claims of innocence.