Association:U.S. District Judge,District of Massachusetts
Born: 1938 in Evanston, IL
Nominated: by George H.W. Bush on April 28, 1992, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on September 23, 1992, and received commission on September 24, 1992.
- Judicial Complaint Against: Nathaniel M. Gorton
Judge: Nathaniel M. Gorton, ORDERED all defense counsels during Vincent Marino’s First and Second Trials to refrain from using the names of FBI agent: John Connolly Jr (now convicted of murder and serving 40 years in state prison) sentenced to an additional 10 years in federal prison for being part of the criminal organization of Francis “Cadillac Frank” Salemme, Stephen “The Rifleman” Flemmi and James “Whitey” Bulger and protecting it from its enemies and law enforcement). Bulger (charged with committing 19 murders while working as a FBI informant for FBI agents: Buckley, Ring and Connolly), Flemmi, plead out to committing 20 murders while working as a FBI informant and now a government witness.Accordingly, if Marino’s lawyer was allowed to use the names during cross-examination of the government’s witnesses and FBI agents, including Michael J. Buckley, during Marino’s 1998 and 1999 trials, the following withheld discovery MAY have been presented to the 1998 and 1999 JURY TRIAL JURORS:
Government Sanctioned criminal activity?:
In 1983 and 1984, FBI supervisory agent James Ring knew that (NOW PUBLICLY KNOWN FBI INFORMANTS): Bulger and Flemmi were engaged in “a whole host of criminal activities.” Ring, June 11, 1998, Trial Transcripts at 4. Salemme, 91 F.Supp.2d at 219 (D.Mass.1999). Among other things, FBI agent Connolly said he was very concerned about Salemme, who had completed his sentence for the Fitzgerald bombing and been released from prison in the past year.Flemmi, August 20, 1998, Trial Transcript at 97; Exhibit 237 (FBI FD 209 Report dated 1/24/1988. Salemme had reestablished contact with Flemmi. Exhibit 237 (FBI FD 209 Report 1/24/1988).
FBI agent Connolly had asked Flemmi to report to him on Salemme’s activity and Flemmi had been doing so. Flemmi August 20, 1998, Trial Transcript at 98; Exhibit 237 ( FBI FD 209 report dated 1/2/1988 and 7/15/1988). Ultimately, after Bulger had spoken again to agent Connolly he and Flemmi agreed to follow Connolly’s advice and continue their alliance. Flemmi, August 21, 1998 Trial Transcript at 102-03, August 28, 1998, Transcript at 116-18. Salemme, 91 F.Supp.2d at 262 (D.Mass.1999). Salemme, Flemmi kept agent Connolly informed of the rising tensions between Salemme and the Boston faction of the LCN. Most notably, on June 6, 1989, Flemmi reported that, with Patriarca’s “blessing,” Salemme was “moving all over the city to consolidate his power in anticipation of imminent federal indictments which will cripple the North End outfit people, allowing Salemme to step into the vacuum left by their arrests.’Exhibit 37 (FBI FD 209 report dated 6/6/1989).
PUBLIC RECORDS SO SUPPORTS:
Flemmi explained that Russo, Ferrara, Carrozza, and Mercurio, and others in the Boston faction of the LCN were furious with Salemme and might kill him if they had time to do so before their anticipated indictments.The FBI failed to warn Salemme of this murder plan, in-fact instigated and fomented violence specifically the June 16th, 1989 Salemme attempted murder and the June 1989 William “The Wild Guy” Grasso murder in Connecticut as the PUBLIC RECORDS SO SUPPORTS. Specifically FBI agents: Connolly, Buckley, Ring and Assistant U.S. Attorney Chief of the New England organized Crime Strike Force:Diane Kottmyer failed to warn Salemme of the planned assassination on his life.Diane Kottmyer is now a rewarded Suffolk Superior Court Judge in Boston, Massachusetts.Tens days later on June 16th, 1989, Salemme was shot, but not killed, and Grasso , Another Patriarca ally was murdered in Connecticut.
June 5, 1998 Transcript at 5. As also discussed in Section 11.29, infra.The FBI understood that Salemme had been set up by Angelo “Sonny” Mercurio, who with the assistance of Flemmi and Bulger had called Salemme to the specific location to be shot. Before that FBI agent Connolly with the assistance of Bulger and Flemmi had recruited Mercurio as a TOP ECHELON FBI informant. Id. at 5-6; Flemmi’s testimony August 20, 1998 Transcript at 136-37; FBI agent Ring’s testimony June 15, 1998 transcript at 18-21.Salemme, 91 F.Supp.2d at 263 (D.Mass.1999). In the late 1980s, Flemmi was not only continued to provide the FBI with valuable information that he had obtained concerning the LCN. He and Bulger also assisted in recruiting Mercurio, A made member of the LCN, as a Top Echelon informant. Salemme, 91 F.Supp.2d at 262-263 (D.Mass.1999).Rather the Court (Judge Wolf) infers that in the process of recruiting him (Mercurio), the FBI indicated to Mercurio that he would be alerted when he was about to be indicted so that he could flee. As discussed in Section II.30, infra, this promise was honored.Salemme, 91 F.Supp.2d at 264 (D.Mass.1999). Which would have supported egregious gross governmental misconduct and core Brady, Giles and Giglio violations, which may lead to Marino’s actual, factual and legal innocence of the June 16th, 1989 Salemme,attempted murder, depicted as predicate racketeering Act A-2 in Count One RICO and Count Two RICO conspiracy against Marino.
NOT PROVEN BEYOND A REASONABLE DOUBT :
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 and 2, on December 22, 1999,The Court (Judge: Gorton) with the urging of the government: (AUSA’S: Auerhahn and Young) dramatically enhanced Vincent M. 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.It appears that the above is of a “Substantial Public Interest” requiring governmental transparency and should be both national and international news for public discussion.
Found in United States v. Salemme, 141, 262-311 (exhibits:188-247) UNDER SEAL (D.Mass.1999).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.