Notes from Day 25 of the Whitey Bulger trial
Flemmi returns from the lam in ’74.
Bulger did not look at Flemmi once during this day’s proceedings.
Flemmi and Bulger in a more comfortable seating arrangement.
Winter Hill’s big six.
07/19/2013
Day 25 of the James J. Bulger Trial
Moakley Federal Courthouse, Boston MA.
3:40 am
Because of all the attention Stephen Flemmi’s coming testimony has brought to the trial I decide to come earlier than yesterday. When I arrive I am #5 in line. Here before me is the same crew from yesterday, Dee, Veronica, Lauren and her father David. Dee and Veronica are sitting by the front door watching “The Departed” on a portable DVD player. Veronica tells me that she also brought a comedy and a musical.
4:20 am
#11 from yesterday, Steve, arrives with his daughter Brittany. Today he is #6
4:45 am
The older lady who yesterday asked everyone what time they turned up has just arrived. There are already 13 people ahead of her and her friend. They just hover by the door in denial that they have struck out again. Another woman gets authoritative and has everybody get in line who is hovering.
6:00 am
We are let in the lobby to wait. There are 30 people in line so far.
6:50 am
Steve is sitting next to me in the lobby. On his phone he shows me a picture of his friend Vinnie who is now named Candice. In the picture Candice is dressed in all white with pink hair standing next to a white sports car. Steve tells me that Vinnie/Candice got caught robbing the Caldor in their hometown of Methuen. For that he was sentenced to 10 years. When he came out he was now known as Candice. Steve tells me that Vinnie and his crew wanted Steve to come on the job but he couldn’t do it.
Steve later tells me that he one time had to go to one of Bulger’s guys to help straighten out a matter over an unpaid horse bet. He tells me that he was owed 3 thousand and the other party would not pay. He says that the Bulger assosciate called the other party and made a long series of high energy threats. “First he tells him it’s no longer 3, now its 5 thousand.” Steve says that after the associate got off the phone with the other party it was like night and day, and he immediately went back to being cool calm and collected. “He told me, OK so that should be all set. Let me know what happens in a few days.” Steve tells me that before he could leave the premises the associate picked up the phone and began calling the other party again. “I was like what the fuck is he doing?” He said the associate turned it back up to 11 and again began wildly threatening the other party with violence. “He was giving him a follow up call, immediately, just to shake him up all over again.”
7:30 am
We are let in through security. When we get to the 5th floor there is a couple there that were not on line with us downstairs. They obviously don’t know the drill about the list because they are just standing around. I sprint past them to the sign in sheet and get my name down. They end up in line for the sheet before a couple that are #9 and #10 effectively shutting them out. The woman who is #9 is the same one who got authoritative downstairs and she is not having it. They obviously got in somehow and are trying to blend in with us. Everybody I was in line with is up in arms. They try to claim that they were in line downstairs. Dee responds: you weren’t in line you guys are liars”. Then the man tries to say that they were waiting in a different line. Even worse reaction from everybody. The couple then stays away from the rest of the group as it’s quickly gotten pretty uncomfortable for them. The bailiff in charge of the list could care less. He states to everyone that all that matters to get in is getting your name on this list and where you were in line downstairs is irrelevant. He tells the woman who is was shut out that she can go and complain to the US Marshalls downstairs. Her and her husband leave to go and complain.
8:10 am
The Guard from downstairs comes up and motions to the bailiff to come and speak with him. After a few minutes the Bailiff goes over and tells the cheaters that they have to leave. A few minutes later the couple who went and complained return to a round of applause from our group.
8:15 am
We are let into the courtroom. We are all talking about what happened. The couple who got back in are telling us how the Marshall really didn’t care either. She had to wait around for a supervisor to show up and pleaded her case. She said that once the supervisor realized that they weren’t going to give up he got to the bottom of it. It turns out the man of cheater couple was a law enforcement officer and the woman worked at the DA’s office. They used their credentials to get upstairs before we were let in.
8:20 am
Since 8 of the 10 of us are the same from yesterday we are pretty well socially acquainted. Someone mentions that we should have a reunion.
8:30 am
Hank Brennan arrives.
8:35 am
Jay Carney arrives.
8:38 am
On my way to the bathroom I see the expelled line jumping law enforcement couple. They are standing by the elevators looking unhappy. On they way back from the bathroom I say to them, “good plan, almost worked” and head back to the courtroom. I tell the crew when I get back inside.
8:45 am
Bulger enters he courtroom. Today the only difference from yesterday’s outfit is a dark blue shirt instead of a black one.
8:47 am
Federal Judge Denise j. Casper enters the courtroom. Some matters are discussed about Flemmi regarding the Judge Wolf hearings from1995.
8:50 am
Bulger has his head down and is busy writing on his pad. Jackie Bulger is again on the bench in front of me.
8:55 am
Hank Brennan come over and confers with Jackie.
9:00 am
Stephen “The Rifleman” Flemmi enters the courtroom. The jury enters and we are back in session.
9:03 am
Fred Wyshak starts questioning Flemmi. A copy of Flemmi’s agreement with the government is put on the video screens. Wyshak slowly goes over it with him. Jackie Bulger leans in close to get a better look.
9:14 am
Flemmi talks about the Back Bay condos, parking spots and bank accounts that were seized from him by the government. He tells him that he had a brokers license and invested in real estate. He states that all the money used to purchase these things was illegal.
9:16 am
Flemmi talks about his start in a life of crime. He talks about the Bennett brothers then about Frank Salemme. Flemmi talks about Joe Barboza and how his brother Jimmy was aligned with him and his group. He tells how he knew the Anguilo brothers, how there was a Charlestown group led by the McCloughlin brothers, and a group in Somerville’s Winter Hill led by Buddy McLean & Howie Winter. He tells of how FBI agent H. Paul Rico was friends with the Bennett brothers. Wyshak puts an classic B&W image of Partiaca Family underboss Henry Tameleo doing the perp walk with agents H. Paul Rico and Dennis Condon on either side of him. Both men seem to be wearing identical pork pie style straw hats.
Flemmi talks about how at the beginning of the 60’s gang war he was with the Bennett brothers who were aligned with the Charlestown group. The Bennetts soon changed sides and aligned themselves with the Winter Hill group because of agent H. Paul Rico who was friendly with Buddy McLean.
Flemmi tells how he got into a fistfight with Larry Zannino and another mafia solider over 3 thousand for a number that came up that the mafia didn’t want to pay. Wyshak asks if that was a no-no to assault a mafia member. Flemmi responds, “at the time I really didn’t care.” Zannino and his associate ended up Fleeing before the matter was settled. At a later date J.R. Russo showed up at Flemmi’s bar to continue the “negotiations” and was shot in the leg by one of Flemmi’s associates who had a nervous trigger finger. Flemmi later apologized to Russo and the entire matter was settled with Flemmi getting the 3 thousand he initially had coming to him.
Flemmi tells how H. Paul Rico helped him and Frank Salemme find and kill Punchy McCloughlin by providing detailed notes about his daily routine. Flemmi tells how McCloughlin showed up right on time at a bus stop in Dedham on his way to his brother’s trial in Boston. “I stepped out from behind a building and shot him six times.
Wyshak leads Flemmi through a long list of murder victims he killed himself or was involved in. “How did you kill Wimpy Bennett?” “I shot him in the head.” “Where did you dispose of the body?” “On the grounds of a gun range out in Hopkinton.” “After you killed the Bennett brothers did you take over their bookmaking operation?” “Yes.”
Wyshak leads Flemmi through the rigging of a bomb under the car of Joe Barboza’s Lawyer’s. Flemmi tells him that He and Salemme practiced on a similar modeled car with only the blasting cap to make sure the connection was good. “Salemme was an electrician so he was good with wiring things.”
Flemmi tells how the actual gang war of the 60’s only took the lives of maybe 6 people. The other 54 were killed under the cover of the gang war but were killed really for other reasons. “Was the gang war out of control?” “Yes, very much so.”
8:50 am
Flemmi tells how he went on the lam because he was told he was about to be arrested for his involvement in the car bombing. He says he went to Florida and California before ending up in Montreal. Tells Wyshak that he went to work at a printing press there. He tells how Howie Winter, John Martorano and others came up to visit him and bring him money. Flemmi tells of how he returned to Boston in May of ’74 once he was told by agent H. Paul Rico that the coast was clear. Once he came back to Boston he began working with the Winter Hill group.
9:30 am
Wyshak puts on the screen a classic tree graph of the members of the Winter Hill group circa 1975 to 1980. At the top are the six leaders: James Bulger, Stephen Flemmi, John Martorno, Howie Winter, Joe MacDonald and Jimmy Sims. There are about 30 others underneath them. Flemmi tells Wyshak that whatever decisions needed to be made had to be agreed upon by all six leaders of the Winter Hill group.
10:15 am
Flemmi tells how he and Bulger became friends easily because they didn’t drink and worked out regularly unlike the other members who were partiers. Flemmi says that Bulger proposed to the group that he go and meet with FBI agent John Connolly who had recently approached him. They all agreed that it was a good idea. Bulger came back and told them that among other things Connolly offered to help them out against the local mafia. Flemmi stated that he immediately started getting information from Connelly through Bulger that dramatically helped his business.
10:30 am
Flemmi tells how they killed Eddie Connors of Dorchester while he was using a payphone. We are shown a B&W flash photo of Connors slumped in the phone booth after being shot with a machine gun. Shattered glass surrounds the ground around the phone booth.
Flemmi tells how Bulger insisted that they needed to kill Tommy King. Flemmi re-states that Bulger had to make a case to the entire group since all the leaders of the Winter Hill group had to agree on all matters.
10:40 am
Flemmi tells how Bulger introduced him to agent John Connolly at a coffee shop in Newton. Agent Dennis Condon, who Flemmi already knew through agent H. Paul Rico was also there. Flemmi was suspicious of the meeting. He suspected that he might be being set up somehow.
10:43 am
Flemmi says that he was approached for membership in the local mafia several times. “What did you say to them?” “I repeatedly declined.”
10:47 am
Flemmi states that Bulger gave Connolly an Alcatraz belt buckle and a diamond ring for his wife.
10:50 am
Bulger had Flemmi come to his mother’s house when Connolly would be there. This meeting was to set up Flemmi to start meeting Connolly on his own.
10:55 am
Judge Casper calls the mid morning break. Out in the hallway I notice crime fiction author Richard Marinick. He wrote of a book called “Boyos” I enjoyed a few years ago. I strike up a conversation and we talk about yesterday’s proceedings and the case in general. Marinick watching from one of the overflow rooms. I ask about the video footage they get to see in there and he tells me that the camera angles suck. Marinick tells me about a new project he’s working on about contemporary Boston black street gangs. I’m impressed he’s looking to venture a bit outside of his bailiwick.
11:25 am
Court resumes. Flemmi tells how they killed Richard Castucci in an apartment down the street from the Winter Hill’s HQ at Marshall Street Motors. A rather graphic B&W crime scene photo of Castucci is shown to the court. Castucci’s head is sticking out of a sleeping bag in the trunk of his own car.
11:35 am
Flemmi tells a story about some New York mafia members who came to Boston to deal with some money that was owed to a New York bookie. To intimidate them they were brought to Marshall Street Motors where Martorano had gathered as many Boston area criminals as possible as a show of force. The debt was not going to be paid due to the fact that the New York bookie that was owed the money had given away the location of a safe house apartment that Jimmy Sims and Joe McDonald were holed up at in New York City. The New Yorkers got the message and the debt was not repaid.
11:45 am
Flemmi talks about how he first met John Morris at the agent’s home. They spoke about getting Bulger & Flemmi dropped from an upcoming horse race fixing indictment.
11:48 am
A side bar is called. Bulger sits at his seat and does not take his eyes off of his yellow legal pad. Flemmi is calm and occasionally looks around but generally looks straight ahead.
11:50 am
Flemmi tells how Morris and Connolly told him and Bulger that they were essential to the Boston FBI’s mafia investigations. Connolly told them when the indictments were coming down. This gave Martorano the time he needed to go on the lam. Flemmi also tells how the Winter Hill Group generally got their finances together in preparation of potentially being off the street for a long period of time. The horse race fixing case left Bulger and Flemmi as the last men standing and in charge of the Winter Hill group. Martorano was still in as a full partner in the income generated.
11:59 am
Flemmi states that they were paying State Trooper Richard J. Schneiderhan 1 thousand a month from the late 70’s to the 90’s. Flemmi describes the EX fund that they always maintained. It was a slush fund for dealing with seen and unseen expenses. It fluctuated at times between 50 and 250 thousand.
12:04pm
Flemmi tells how after the Horse race fixing case was over and the better part of the Winter Hill group was incarcerated that Howie Winter told them that they couldn’t use the Marshall Street Motors garage as their HQ anymore. George Kaufman then purchased the Lancaster St. garage and that became the new HQ for the Winter Hill group.
12:06 pm
Wyshak shows a series of B&W surveillance photos that were taken during a State Police investigation of Lancaster St. They show a literal who’s who of the Boston underworld. Only a few of the shots from this collection have been shown to the public. Beyond the Irish and Italian gangsters a number of Jewish bookies are shown. The deceased Frank Salemme Jr. whose father was incarcerated during this period also makes an appearance. The few shots released to the public only show serious or passive appearances of the subjects. The photos presented to the court today show a wide range of smiles, laughter and animated gesture.
12:12 pm
Flemmi tells how Connolly told them that the Lancaster St. Garage was under surveillance and that they moved soon after that.
12:15 pm
Flemmi says that John Callahan was a legitimate businessman who liked to rub shoulders with wise guys. How he wanted to buy World Jai Lai and that he needed help from Bulger and Flemmi to deal with any possible interference from any other criminal groups.
12:20 pm
Flemmi said that Bulger and him went along with the killing of Roger Wheeler. He states that they really didn’t want to do it but that John Martorano was going to do it anyways. “Why would you go along with it?” “Well, we had a lot of history together.” “What do you mean by that?” “We killed a lot of people together. You know we were in all the way.” “In for a penny in for a pound?” “Yes, exactly.”
12:20 pm
“Why did you bring a gun to a meeting with Raymond Patriarca Jr.?” “Because I didn’t trust the mafia.”
12:35 pm
Bulger and Flemmi give Connolly 50 thousand from the split of a score in 1983. Connolly says to them “I’m in the gang.”
12:38 pm
Flemmi lists 6 or 7 other FBI agents that they gave money to.
12:40 pm
“Did FBI agent John Newton ever give you anything?” “Yes.” “What?” “John Newton gave us a case of C-4 explosives.”
12:45 pm
“How much money did you give Connolly over the years?” Flemmi tells Wyshak that they gave him over 230 thousand plus other gifts.
12:50 pm
“Were you in love with Debra Davis?” “I loved her but I wasn’t in love with her.” Flemmi tells how he was throwing Debra Davis a birthday party when Bulger called and said they had to meet with Connolly immediately. Bulger told Flemmi to tell her he’d take her out another time. During an argument Flemmi revealed to Davis that he was going to meet with Bulger and Connolly. Bulger and Connolly were unhappy about that he had done that. Bulger told Flemmi he wanted to kill Davis numerous times. Flemmi didn’t agree at first but Bulger made an extensive case for killing her.
12:57 pm
Flemmi is describing the killing of Debra Davis. Bulger grabbed her by the neck and strangled her. “He took her down the stairs strangling her all the way down.” Debra’s brother, Steve Davis is sitting in the front row. His face is red and he is barely able to hold back his tears. Many in the courtroom are watching Davis as he listens to Flemmi describe the brutal murder of his sister. Veronica who is sitting next to me wipes away some tears and tries to compose herself. There is a strong wave of emotion sweeping the courtroom. I realize that I am also getting choked up.
1:05 pm
Judge Casper asks Wyshak if this would be a good place to stop for the day, he agrees. The jury is excused. Steve Davis leaves the courtroom immediately.
Steve Davis
Debra Davis