(A) On April 4, 1997, a 49 count sealed indictment was returned in Boston , Massachusetts, which named Robert Carozza, Micheal P.Romano Sr, Anthony Ciampi, Sean Thomas Cote, Enrico Ponzo, Mark F.Spisak, John J.Patti III,Eugene A. Rida Jr, John M. Arciero, Vincent M. Marino, Nazzaro Ralph Scarpa and Paul A. DeCologero, Christopher Puopolo, Anthony Allan Diaz , and Leo M. Boffoli with conspiracy to murder charges.Marino was specifically named in counts 1, 2, 3, 4, 30 and 31.
In 1998, the government presented 314 exhibits, 120 witnesses, 2 witness protection program witnesses, and three codefendant witness against Marino and 14 others, in a three and a half month trial, which the government spent over 2 million dollars to try.Marino could NOT CONSPIRE with agents or informants of the government:(PUBLICLY KNOWN)Stephen “The Rifleman” Flemmi, James “Whitey” Bulger , Angelo “Sonny” Mercurio ,Augustus “Gus” Laface, John “Smiley” Mele etc.See Conspiracy cannot exist between defendant Marino and the government agents and informants;See United States v. Nason, 9 F.3d 155, 161 (1st Cir.1993), United States v. Duff, 76 F.3d 122, 127 (7th Cir.1996). The conspiracy to distribute cocaine was evidenced by the government to have involved Mark Spisak, Jerry Matricia and Marino .
- See Trial Transcript DAY 5, pages 55 (lines 23-25), page 56 9lines 7-19) page 57, 77, 93 (line 9), page 94 (lines 13-17), page 114 (lines 9-14) page 119 (lines 8, 15) DAY 15, pages 106 (lines 8-25), page 162, 178 ; DAY 16, pages 64, 67, 68 (lines 16-19), pages 82, 84, 92; DAY 28, pages 18 9lines 3-8), page 44 (lines 105) page 71 (lines 7-9).
The conspiracy does NOT fit the legal requirements because Jerry Matricia was a PAID FBI (PUBLICLY KNOWN) informant for FBI agents: Michael J Buckley and John Connolly Jr (convicted of murder agent(Connolly is know serving 40 years in State of Florida Prison system) because Matricia was paid informant (cash) and Spisak was a bribed informant (Drugs). A conspiracy cannot exist between a defendant and government agents and or informants.Another PUBLICLY KNOWN informant Frank Imbruglia. Imbruglia, was arrested with Marino in June 16, 1989. Imbruglia was NEVER charged in any crime related to the Salemme attempted murder or any organized crime charges since 1989.
- FBI agent James Cadigan according to Trial Transcript DAY 11, pages 143, 208-209, was a chief FBI agent, a teacher at the FBI Academy at Quantico Virginia. Hover, Marino was NOT allowed to question FBI agent Cadigan about him being disciplined in the “RUBY RIDGE and WACO TEXAS high profile cases which both turned out to be a big governmental fiasco in which innocent women and children were murdered and which FBI agent Cadigan was caught via: Perjury, and staging evidence.” Cadigan unlawfully converted semi automatic weapons to fully automatic machine guns, staged evidence, file filed reports in both the RUDY RIDGE CASE and THE WACO TEXAS case.See Book: “NO MORE WACOS” which FBI agent Cadigan is prominently exhibited as well as his ILLEGAL actions.FBI agent Cadigan was used by the prosecution Assistant United States Attorney: Auerhahn allowed Cadigan to vouch for the FBI Evidence Laboratory which was also caught in corruption years later, affecting the evidence for cases prior and up to 1997.
- The Alleged Marino conspiracy was from 1989 through 1994, however Marino was in federal prison from 1989 through 1993, no testimony from anyone, from anywhere showed that Marino had visits, telephone communications, letters, e-mail or other communications with anyone from the alleged criminal conspiracy from 1989 through 1993 while Marino was in federal custody. Thus the alleged conspiracy from 1989 through 1993 should be stricken from the record.
TRIAL DAY 5 Page 6:
Ex parte motion by Marino requesting the government to produce all exculpatory material Brady statement made by PUBLICLY KNOWN government informant: Angelo “Sonny” Mercurio concerning Marino and the June 16th, 1989 Salemme shooting.In addition Marino joins Romano’s motion seeking discovery finding of another Court (Chief Judge Mark L. Wolf) see United States v. Salemme, 91 F.Supp.2d 141, 262, 263, 267-269 (exhibits 188-247) (D.Mass.1999) UNDER SEAL. See also United States v. Salemme, CR-97-10009-MLW. (D.Mass./Boston)“Published December 23, 1999 a day after the Marino conviction on December 22, 1999, due to clerical corrections. Judge: Nathaniel M. Gortondenied Marino’s motions.
Trial DAY 7 page 104:
Court rules no specific names, when Marino’s counsel tried to inject the Boston’s FBI corruption concerning FBI agents Connolly, Buckley payoffs, and their serial killer informants: Bulger, Flemmi, Mercurio etc.At page 102, information was forthcoming, but stopped by Court (Judge: Nathaniel M. Gorton) page 185; Marino’s attorney: Robert Sheketoff: wants results of discovery involving exculpatory information concerning the June 16th, 1989 Salemme attempted murder, FBI agents and their informants corruption, stating that material should have been produced as BRADY long before then. Most of the corruption went as far back as 1989 through 1994 and after.
TRIAL DAY 8 page 38-39:
Defendant Marino’s attorney Sheketoff attempts to ascertain Mercurio’s (PUBLICLY KNOWN TOP ECHELON FBI INFORMANT and SERIAL KILLER) involvement in the June 16th, 1989 Salemme attempted murder, but the prosecution: Assistant United States Attorneys: Jeffrey Auerhahn and Cynthia Ann Young “INTENTIONALLY” Blocked this discovery and covered it up and OBJECTED and the Court Judge: Nathaniel M. Gortonsustains. pages 69-70 also see PAGES 113-114;FBI agent Michael J. Buckley (FBI agent Connolly’s partner now serving 40 years for murder see State of Florida v. Connolly, (Sept. 22, 2008, Miami, Florida) Agent Buckley admits that the government witness learned information from him through agent Buckley’s questions. Pages 71-72: COURT won’t let Sheketoff ask about FBI informants violating the law while on FBI payroll.Page 145: Sheketoff wants evidence that Mele (government witness) had motive to kill Salemme handed over.
TRIAL DAY 9, pages 5 and 6:
Court denies Motion by Defendant: Marino to reveal name of cooperating witness whom taped other government’s witnesses Mele and Laface, on or about July 1989, which Mele and Laface stated while being secretly taped that they were actively trying to assassinate Salemme for robbing their (Mele and Laface’s Drug shipments) and Salemme trying to extort them for cash and Salemme stealing their Tow Truck, Lynn, Massachusetts Mechanics shop and Car dealership.PAGE 29: Marino Defense Attorney wants tape of Laface “Debriefings” to use for defense.Page 34-36: Testimony shows tape would have be beneficial and exculpatory to defendant Marino .
TRIAL DAY 10 page: 25 and 33:
TRIAL DAY 11 pages: 208-209:
Guns could have been shown to have no involvement in crimes with Paleo’s testimony.
TRIAL DAY 15, page 69, 106, 168:
Federal Witness Codefendant Mark Spisak testimony. Robert Paleo could exculpate Marino with regard to government witness Mele and Spisak.Page: 204: Marino’s defense attorney Sheketoff wants to call Salemme to the stand to see if he pleads the Fifth again and to question Salemme on if he seen the gunmen whom shot him that day of June 16th, 1989, as the government’s opening, during trial testimony and closing statement that Salemme seen Marino shoot him and kept sending people to assassinate him, whom all ended up dead, shot or stabbed according to the government.However Salemme testified on December 14, 1999 that he did NOT see who shot him that day and that they were all wearing ski mask’s, all he seen was fire coming out of the numerous firearms and automatic weapons. This refutes the government’s case against Marino, however during Salemme’s testimony the jury WAS NOT ALLOWED TO HEAR IT as it was Voir Dire, without the juries presence, Marino requested that the jury hear it he was denied by Judge: Gorton. Marino requested that Salemme be granted IMMUNITY concerning the specific line of questioning concerning the attempted murder on his life and was denied by the Court and specifically by the government : Association:Assistant United States Attorney’s: Auerhahn and Young whom at the time knew that Salemme was already granted immunity on November 2, 1999 when Salemme was being debriefed by both State and Federal Government Prosecutors and agents, also again while Salemme testified in front of a federal grand jury in the first week on December 1999 against FBI agent Connolly which got agent Connolly indicted. See U.S. v. Connolly, 341 F.3d 16-29 (1st Cir.2003).