Jack's Justice - Part 3: The Trials Continue

Lara:

Hi everyone! Thanks for joining us! Nina and I are going to be discussing more of Jack Kelley’s testimony after he entered the witness protection program. Last week we covered the Marfeo/Melei murder trail which led to Raymond Patriarca, Rudy Sciarra, Robert Fairbrothers and John E. Rossi being convicted on conspiracy charges and sentenced to 10 years each, and Pro Lerner convicted on two counts of murder and sentenced to life in prison. We’ll be returning to that case later in this episode to discuss the men's retrials.

Nina:

But our main focus will be the VA Hospital robbery trial and its defendants Benjamin Tilley, Charles Domenico and Jerry Anguilo. Domenico would also find himself a defendant in the Brinks robbery of ‘68 trial along with Stephen Roukous, Sonny Diaferio, Rocco Novello, William Cresta and fugitives Carmello Merlino and Phil Cresta.

Lara:

Before we jump into those cases let’s briefly discuss a robbery that never took place, but nonetheless saw the most powerful Mafia member in the US at the time hauled off into court. Jack testified in front of a Grand Jury in New York City detailing months of planning and plotting of a heist said to be valued at $6 million in cash.

Nina:

I think we should cover each case separately rather than trying to go in chronological order and  jumping back and forth. 

Lara:

I couldn’t agree more.

Ok, back to the heist that never was. On March 23rd, 1970 the capo di tutti capi, the boss of all bosses, Carlo Gambino was arrested at his home and charged with conspiracy in connection with a planned armored truck heist. Gambino’s co-conspirators were not named that day. At the time he was 67 years old and suffering from what his lawyers and doctors said was a long standing heart condition. There had been a consistent effort to have Gambino deported, but he always managed to avoid that based on his health and most likely his connections. He was released that same day on $75,000 bail.

Nina:

The following day, US Attorney Daniel P. Hollman revealed that the indictment was based on testimony given by Jack. The headline by Jerome Sullivan was great! “Hit parader Kelley sings again”. And the subheadline read: “New ballad dedicated to chief Mafioso”.

The plan was allegedly hatched between March 1st and 15th in 1969. An armored car that belonged to the US Truck Corporation was the target. According to Jack, Gambino was to provide the getaway cars and launder the money. Jack was to provide the crew. And who did he name as his crew? 

Lara:

Louis Manocchio, Frank Vendituoli, Butchy Miceli and Pro Lerner. The morning of April 30th Butchy Miceli saw himself participating in what was essentially a replay of the August of ‘69 arrest of Pro Lerner. Clad only in his boxer shorts, a drowsy Miceli answered the knock on his door at his East Patterson, New Jersey home at 7:25 am to find himself facing nine shotgun toting FBI agents and three locals all clad in bulletproof vests. The authorities said they took such precautions because they believed that two other members of the “Boston Irish Mafia” were in the house.

Nina:

Who was Irish in Jack’s crew besides Jack? Italians, Armenians, Jews, assorted Eastern Europeans or some combination of the above!

Lara:

You’ve got me! I’m just telling you what their justification for dragging Butchy out of his home with the help of a small battalion was. The same Butchy who surrendered quietly, without incident. The only item seized was a .38 caliber handgun. The police described the interior of Butchy’s home as luxurious. He was released later that day on $40,000 bail.

Nina:

Pro was awaiting sentencing for the Marfeo/Melei murder convictions and being held at Howard State Prison in Rhode Island. For more on that, listen to last week’s episode if you haven’t already. Louis Manocchio and Frank Venditouli were still on the lam. Listen to the second & third episodes of the season for more about those two.

Lara:

Before we move on with this case, I want to talk about dad’s relationship with Butchy. Butchy’s family lived in the West End of Boston before they moved to Medford. Their parents were neighbors. And of course they were both criminals and ran in the same circles. They maintained a “business relationship” after Butchy moved to New Jersey and became a soldier in the Gambino Family. Now if that relationship extended to Jack, I don’t know. What I do know is that dad shipped mom and I off to California when Jack was pinched and we didn’t return until after this case ended. Dad always spoke fondly of Butchy, and the food at Umberto’s Clam House in NYC where they would meet. 

Nina:

You guys and your food!

Lara:

Travel hundreds of miles to get some delicacy or delight. Sadly, I can’t indulge in that habit at the moment due to geographical constraints.

Nina:

I’m not shedding any tears for you. I sent you that photo of Umberto's the other day. You’ll have to use it in the slideshow.

Lara:

I definitely will! Remember Umberto’s is also where the Crazy Joe Gallo hit occurred!

Nina:

How could I forget! 

Anyhow, Gambino’s defense team was successful in having his case severed from Pro and Butchy. In fact he was never brought to trial. Richie made his appearance on the stand during the trial in December, but only after Jack did. Jack claimed to have met Butchy in the basement of his Jersey home right down to describing the wood paneling. Butchy told the press that Jack was a liar and had never been to his home. “He’s the government’s man. And all anyone wants to do is get the Italians.”

Lara:

Unlike Butchy, Pro took the stand in his own defense. He had an alibi! At the time the conspiracy was being hatched he said he was in California studying at the Church of Scientology. They were all acquitted on December 18, 1970.

Nina:

Who knows what Pro was up to with the Scientology gig.

Lara:

At the least it was a story he enjoyed telling!

The charges against Carlo Gambino were dismissed. The government was one and one going into the next trial.

Nina:

We won’t cover the details of the armored truck robbery at the VA Hospital in Jamaica Plain on July 26, 1966, but you can listen to Jack Goes Bad - Part 1 for more about it.

On October 23rd, 1969 Jerry Angiulo was arrested at his home in Nahant immediately after a secret indictment was handed down by a Federal Grand Jury. Jerry was charged with being an accessory after the fact for allegedly exchanging $15 grand of the VA loot for Jack. Ben Tilley, Charles Domenico, and Phil Cresta were charged with actually carrying out the heist. 

Lara:

According to the indictment, Domenico had been the shooter. This would later be confirmed or retold by Phil Cresta. At the time of Jerry’s indictment Cresta was still on the lam, and would remain so long after the trial ended.  Tilley was doing time at Norfolk on a b&e charge, so the authorities didn’t have to look far for him. The VA wasn’t Domenico’s only headache. He had also been indicted in May of ‘69 for the ‘68 Brinks job, also based on Jack’s testimony. Domenico’s bail had originally been set at $150,000, but Judge Forte eventually reduced it to $100,000 and Domenico was finally released in late July. He surrendered to the FBI on October 23rd and was arraigned that same evening with his attorney Ronnie Chisholm by his side only to be released on a $5000 surety.

Nina:

In true Massachusetts fashion, Domenico was out on bail twice over.

Now back to Jerry. He had absolutely no idea why he had been scooped up by the Feds! The press who always seemed to fawn over Jerry’s attire had this to say:

“Angiulo was wearing a custom-tailored charcoal suit with fabric-covered buttons, black loafers and his neatly combed hair in mod fashion and handcuffed to an FBI agent when escorted to the arraignment.”

Lara:

It was like a Vogue magazine commentary from New York fashion week.

Nina:

While Jerry was waiting to meet with the Commissioner, his attorney Joe Balliro read the indictment to him. Jerry must have been horrified when he heard the lies that Jack had told because, according to the paper, the look on his face was one of incredulity. He posted $1000 bail with the stipulation that he could not leave Massachusetts, and was back home the same day.

Lara:

A side note, Jerry’s daughter had died just 15 days earlier. She was a nursing student in her early 20s. 

On November 4th a trial date was set for 12 January by Judge Frank Murray at the government's request since Cresta was still on the lam, and there were hopes that he would be in custody by then.

On December 4th, pretrial motions were filed by the defense. Ronnie Chisholm for Domenico, Julius Soble for Ben Tilley and Francis Demento for Jerry. They argued that the case should be dismissed due to “prejudicial publicity.”

Nina:

We should mention that Soble had been Jack’s attorney in the 1954 Harvard Trust robbery trial. The only charge Jack was ever found guilty of. Even then he was only convicted of receiving and possession of stolen property, not the actual heist. For more about that case listen to our very first episode.

Lara:

On December 21st Jerry Angiulo’s former co-defendant, Bernard Zinna was murdered. A previous attempt was made on Zinna earlier that year. The year before, Jerry, Zinnia, Mario Lepore and Richard DeVincent were all tried for the murder of Rocco DiSeglio. Of course, the government’s star witness was none other than Joe Barboza. The four were found innocent and like in the Teddy Deegan murder Barboza was the actual killer. To hear more about the trial listen to our first episode about Jerry’s early days, They’re After Me Like a Fucking Animal. For more about DiSeglio check out The Hit Parade of 1966.

Nina:

Those episodes seem so long ago. Back to the VA Heist Trial. The trial was postponed several times, mostly because of the Marfeo/Melei murder trial. Jack was busy railroading the RI crew and couldn’t be in two places at one time. As luck would have it, those delays would find Jack testifying in front of Judge Charles Wyzanski. Although this time rather than being a defendant, Jack was there on behalf of the State. For more about Judge Wyzanski, listen to our episode about the Plymouth Mail Robbery Trial.

Lara:

The trial finally began on May 11, 1970 with an opening statement by Ted Harrington head of the New England Organized Crime Strike Force. In his opening remarks, Harrington told the jury that Jack had confessed to organizing the VA robbery, but that he had not committed it. Instead he had convinced Ben Tilley to carry out the job. 

Nina:

I know that Phil Cresta later copped to the heist in his memoir, but I still have questions about what happened that day. The Postal Inspectors had Pro and your dad under constant surveillance along with Billie Aggie and Jack. We’ve both read the logs that Inspector Jencunas submitted to the FBI from the day before, the day of and the day after ther robbery. They lost track of Pro until 2:30 that afternoon and Richie was missing until the evening. Add to that the rumor that Billie’s cousin Steve Busias was spreading that he heard from Billie that it was Pro who shot the guards and Vinnie Teresa telling his handlers it was Pro who was trigger happy, and I’m just left with questions. 

Lara:

Likewise. I also wonder about dad’s proximity to the VA as he was living at 224 Jamaica Way in those just walking distance from the VA. I assume that’s how Jack actually came up with the score as dad and Jack were always together in those days. Add to that that  it’s not unheard of for these guys to take credit for crimes they had nothing to do with. We’ll talk about that more next week when we cover Vinnie Teresa’s time on the stand.

Back to the trial. The first witness to take the stand was one of the guards who had been shot, Bernard Fisher. He recounted the events that had taken place at the VA that morning. He testified that all three men had worn dark suits and ski masks.

Nina:

Then Jack took the stand. He told the court that he had planned the heist after he’d happened to see the delivery taking place one day in March of 1966. Presumably while he was waiting for Richie. He stated that he had observed the guards every Tuesday for the next two months, and figured out that they only operated on that route every other Tuesday. Jack said that he had wanted to do the job himself but since he was still under investigation for the Plymouth Job by the Postals, he was unable to. Not that that had stopped him before. But whatever.

Jack claimed he got in touch with Ben Tilley and sold him the job. He told Tilley that he wanted a 10% cut and Tilley agreed to the terms. When Tilley asked him why Jack didn’t want to do the job himself, Jack brushed him off, saying that he didn’t have the time. Jack also told the court that he had asked Tilley to tell him when he’d be pulling off the job so he could make sure he had an alibi.

Lara:

Jack went into detail about his meeting with Tilley, Domenico and dad, who he did not name in his testimony, that supposedly took place in an unnamed parking lot in the Back Bay. Later under cross-examination by Julius Soble, Jack said he met Domenico separately with Richie. He made it a point to specify, “the meeting was not in my Cadillac.”

My favorite exchange was between Harrington and Jack:

“What is your line of endeavor?” Harrington asked.

“My line of endeavor is armed robbery,” Jack said without a trace of a smile.

Nina: 

My favorite too.

Jack explained how he had brought $15,000 in stolen cash to Jerry Angiulo about two weeks after the VA heist. He told the court that Jerry had asked him outright where the money had come from. When Jack told him that it was from the VA job, Jerry said that he didn’t want anything to do with it if the guards had been seriously injured. Jack must have reassured him that the guards were going to be ok because Jerry took the bag and exchanged it for another one. Jack claimed took it without checking the contents and left. He testified that he counted the money when he got back home. Jerry gave Jack $11,200 in mostly 100 dollar bills to give to Tilley. Ben had wanted the money changed out because he was worried about the serial numbers. Jack claimed that he received $6000 for his role.

Lara:

I have a question! The haul was $68,000, but only $15,000 needed to be laundered. Why?

Nina:

Jack claimed that the $15k Tilley gave him was mostly in newer 10s and 20s. So Tilley was worried that the serial numbers on those bills were on a list somewhere and therefore traceable. But who knows if that was true. 

The next day Jack took the stand again. He testified that he had not carried out the VA job because he had been under constant surveillance by the authorities at the time. The Feds had placed what he called a “gimmick” on his car to track him which seriously restricted his movements.

Lara:

He had a “gimmick” installed alright. The man had been spying on the Feds for nearly seven years at that point! 

Nina:

A little white lie in Jack’s book.

Lara:

Under cross-examination by Tilley’s attorney and his own previous attorney, Julius Soble, Jack claimed that he’d been under constant surveillance by the FBI for 15 years.

Jerry’s attorney questioned Jack next about his robberies.

“My largest single haul from an armored car robbery was $600,000,” Jack admitted. He added that his largest single haul from a bank robbery was $100,000. 

“I robbed armored cars, banks, people on the streets and people in their homes.” He said he’d robbed about 20 banks in a 15 year period.

Nina;

I have two questions. First, what 15 year period is he referring to? Second, do you believe he was robbing people in the street and in their homes?

Lara:

The 15 years was 20 years when he testified in Rhode Island. He wasn’t going to incriminate himself. And the 20 robberies was 15 in that same prior testimony. In the initial 302s after Jack was interviewed in the summer of ‘69 they stated that Jack was a prolific robber for over 25 years. Maybe the Feds settled on 15 to 20 as it sounded somewhat less threatening.

As for robbing people in the street and in their homes, that didn’t happen in the 1960s. Jack was adamant that “the innocent” not be touched. You probably remember the story Bailey told that Jack called him one night asking about a woman he read about in the paper whose glasses were stolen along with her bag. Jack wanted Bailey to track her down and buy her new glasses and give her money so she wouldn’t be struggling. That side of Jack is the one I’ve heard from many including his own family members.

Nina:

I agree that Jack wasn’t doing stickups in the street. Maybe some stupid purse snatching in his teens and possibly that’s why his mom shipped him off to Nova Scotia. Too bad we’ll never know.

The next to cross examine Jack was Ronnie Chisholm. He asked Jack if he had participated in the Plymouth Job. Harrington objected and Judge Wyzanski agreed, stating that Jack did not have to testify against himself. But Jack did concede that he was under indictment himself in state court on charges related to the 1968 Brinks job.

Lara:

During Jack’s last day on the stand Harrington questioned him again after cross examination by the defense. Harrington asked if there was any doubt in his mind that he had taken the bag of cash to Jerry to exchange. 

“None what so ever,” Jack stated.

On Monday, May 18th, a mechanic named Samuel Kalmer testified that Jack had taken his Caddy in to be repaired on the day of the VA heist. He further stated that he had taken Jack and another unnamed man to lunch that day. 

FBI SA John Sweeney also took the stand and explained that he had visited the garage a few days after the heist to check on Jack’s alibi and it checked out. The car had been in the shop from 10:42 am and 2:53 pm that day. 

Nina:

Then Harrington introduced a Postal Inspector who informed the court that the Postals had a 6 man team who trailed Jack everywhere throughout 1966. He admitted, however, that Jack had used different methods to dodge their tail. 

As we stated earlier, according to their own reports that they’d provided to the FBI, on the day of the VA Robbery, the Postals had lost Jack after he left Coolidge Square at 9:20 in the morning. They’d lost track of Pro shortly thereafter and did not find his T-bird again until 2:15 that afternoon when they observed his car parked in front of his house. And they never found Richie.

Harrington rested his case after the Postal’s testimony.

Lara:

The postal agent that testified, Turflinger was one of the ones dad had arrested for threatening to kill him and our German Shepard. Dad took the stand and under questioning by Soble and Chisholm told the court that Jack wanted to kill Tilley. He stated that Jack took revenge by robbery and set up the people he believed had fingered him for the Plymouth Mail Heist.

The following day, Judge Wyzanski dropped the charges against Jerry citing lack of evidence after a motion was made by DiMento for a directed verdict. But Wyzanski allowed the case against Tilley and Domenico to continue. Both men testified in their own defense, stating that they only knew Jack by sight and that they had not participated in the VA job.

Jerry wanted to speak after the acquittal but Balliro and DiMento advised him not to. 

Nina:

I can only imagine what Jerry would have said if given the opportunity to speak. 

Lara:

Oh it would have been fantastic!

In his closing arguments, Soble told the jury that even though Jack had taken down millions in his two decade career, he was cheap. “He even used slugs in telephone booths.”

Nina:

Soble knew Jack of old, and he didn’t need Richie or Tilley to tell him that! 

Lara:

Soble noted that Jack was out to get even with Tilley. He brought the jury’s attention to dad’s earlier testimony that Jack had wanted to kill Tilley. 

On May 21st, the jury returned its verdict after just 90 minutes. Both Tilley and Domenico were acquitted. Dad was eventually charged with perjury and had to get a job for the second time in his life because he was given a year’s probation. He briefly held a job at the State House as a custodian!

Nina:

Oh he must have loved that!

Lara:

Better than going to the can!

Nina:

Let’s move onto the Brinks trial.

As we mentioned Jack was arrested for the December ‘68 Brinks heist in May of 1969. To hear about that listen to Jack Goes Bad - Part 2. That same day William Cresta and Charles Dominico were also picked up. Five others were charged later. Rocco Novello was arrested on June 9th. Arrest warrants were issued for Sonny Diaferio, Carmello Merlino and Stephen Roukous. Oddly enough no warrant was issued for the 5th man, Phil Cresta the brother of Billy, but he was being sought by the authorities. 

Many motions and requests were filed by the defense team. One in particular stood out to me.

Ronnie Chisholm asked Judge Forte to recuse himself since Chisholm was still under the contempt charges issued by Judge Forte during the Teddy Deegan murder trial.

Sonny was finally arrested in Newark in mid-June and extradited back to Boston. He was arraigned the following week, but had difficulty getting legal representation. He had tried to get Joe Balliro, but Balliro wasn’t interested in representing either Sonny or Billy Cresta. 

Lara:

Can you blame him?

Nina:

No! By the time the other indictments for the Marfeo/Melei murder had been handed down, Sonny had hired Tom Troy to represent him. But according to Frank Imbruglia, Sonny’s accomplices had told him that Ronnie Chisholm would tell him who he’d get as a lawyer. 

Lara:

Sonny was smart enough to keep himself out of that circus. But by August he was still unable to post bail. In the meantime he had been suffering from angina attacks. His wife Patricia had been all over the state trying to raise the funds but couldn’t. His then attorney, Edgar Rimbold pleaded for a second bail reduction but Judge Sullivan denied the request.

By the end of August Sonny was able to post bail, and on September 8th, the trial was postponed indefinitely. Roukus, Merlino and Cresta were still on the lam.

The following year on October 1, 1970 Mello Merlino was arrested in the parking lot of a tavern in Kentucky. He had been on the lam for nearly 17 months, and his wanted posters were hanging in every post office. The story I heard when I was a kid was that Mello’s woman had seen the wanted poster and called the Feds herself. Not to turn him in, but to prove to herself that it wasn’t him!

Nina:

I can’t! Finally, with Mello in custody and over a year after the indictments were handed down,  the date was set! The trial was to begin on January 13, 1971. Cresta and Roukous were still nowhere to be found.

Like in the Marfeo/Melei murder trial, although the initial charges were Federal, the cases were tried in State Court.  A new Judge, James C. Roy was assigned to preside over the case.

Lara:

On January 15th it was revealed that Jack and the Brink’s guard, Andrew DeLeary had entered guilty pleas on Monday, January 11th. DeLeary admitted on the stand that his initial version of events to the cops after he’d been arrested in May 1969 had not been entirely true. He claimed that he had been more forthcoming when questioned again after Jack had started telling his version of events. 

Nina:

How convenient for DeLeary. 

On January 21st, Judge Roy severed Sonny’s case. Sonny had collapsed in the courtroom on the 18th and had to be rushed to Mass General. After three days of tests, the doctors said he couldn’t continue.

Lara:

On January 29th,  FBI SA Robert Sheehan was called on to testify in this case too. Under questioning by Domenico’s attorney Moren, Sheehan refused to name the person who had called him to tip him off about the Brinks job. One would assume he was referencing Jack, but why not name him?

Nina:

Because there was another informant! And we don’t have that 302 to see the number. Or maybe it was just Richie making an anonymous phone call for Jack.

Lara:

Oh probably since they were already laying out their escape plan after months of plotting it. The FBI Agent had later consulted with Boston PD Sgt. Frank Walsh about the information he’d been given. Attorney Moren filed a motion in an effort to get Sheehan to reveal the identity of his CI, but Judge Roy sided with the government and told Sheehan that he did not have to answer the question, and that he was striking that part of the testimony from the record.

Nina:

On February 2nd, Judge Roy ruled that Ronnie Chisholm could submit information about Jack’s past criminal activities into evidence through records of his convictions. As we mentioned earlier, there’d only ever been one conviction and that had been more than a decade and a half earlier for receiving stolen goods. This left the defense little to work with other than Jack’s admissions on the stand.

Lara:

And the kicker of admissions on Jack’s part? Under questioning by Moren, Jack claimed that he had lost $65,000 of the Brinks loot at Aqueduct & Yonkers Raceway in the first part of 1969. 

Despite some youthful indiscretions, Jack did not drink or gamble. Those that lived with him and those close to him would confirm that. He liked to spread the gambling rumor to make people think he was broke, so they wouldn’t come looking to borrow money. The man was a skinflint! He also liked to borrow money around the time of his heists, so people would think he was broke.

Nina:

He was trolling Phil Cresta! Knowing that Phil would read about his testimony in the papers. Jack knew Phil would be following the trial, and he knew that Phil trashed him and badmouthed him every chance he had.

Lara:

And Jack was doing his best to get even with him, but Moren pointed out that Jack’s testimony on the stand was not consistent with his previous statements to the FBI and the cops. Jack conceded that he might have mixed up about who was in which car.

Nina:

The press ate it up. The Boston Globe ran the headline: “Kelley unshaken at trial”.

But on February 11th Jack’s wife took the stand at the request of attorney Moren. The judge warned that there was a risk of putting her on the stand. A Naval doctor who had previously testified about Mrs. Kelley’s condition stated that Jack and his wife had been staying at the Naval Hospital in Portsmouth and in Chelsea. Moren should have heeded the warning. Mrs. Kelley collapsed on the stand from what the doctor said was an epileptic seizure. The courtroom was cleared and Mrs. Kelley was treated and transferred from the court house.

Lara:

The trial commenced the following day and lasted a total of 26 days. On February 12th the jury returned their verdicts after two hours of deliberation. Domenico, Novello, and Mello were found guilty and sentenced to Walpole for 25-50 years. Billy Cresta was acquitted of being an accessory before the fact. Will have more about Mello’s adventures in prison a little later in the season.

Sonny pleaded guilty in June of 1971 and was given a reduced sentence of 10-15 years. 

Nina:

Stephen Roukous was finally apprehended in Allentown, PA on August 4, 1971. He was wearing a wig, carrying a passport with an alias, and had $6000 in US and Lebanese currency.

During his testimony, Jack told the court that it had been Roukous who had helped him to steal the license plates and cars that were used for the Brink's job. Steve Roukous was sentenced to 21-25 years in state prison in May 1972. It appears Roukous passed away there.

Lara:

The Feds finally caught up with Cresta in Chicago on March 1, 1974. He was living under the name of Joseph Paul Zito and had been managing a toy store.

Nina:

Living it up with Mayor Daley! At the time of his arrest $965,000 of the Brinks loot was still missing. Not one to be stingy, Phil had been sending his friends gifts in prison.

Lara:

He was also still facing charges for the VA Hospital robbery, but it appears nothing came of that.

Nina:

The trial commenced on June 1, 1974. As in the first trial Jack was the government's key witness, and the presiding Judge was James Roy. After an 8 day trial and an hour of jury deliberations, Phil Cresta was convicted and sentenced to 25-40 years in prison.

Lara:

Last but not least for today, let’s look at the retrials in the Marfeo/Melei murder case. As we mentioned at the beginning of this episode Raymond Patriarca, Rudy Sciarra, Robert Fairbrothers and John E. Rossi were convicted on conspiracy charges and sentenced to 10 years each, and Pro Lerner was convicted on two counts of murder and sentenced to life in prison. We will be revisiting Pro again in the middle of the season with Louis Manocchio’s surrender and Jack Kelley’s return to the stand. 

Nina:

Raymond’s retrial was scheduled for February of 1971. The following month a subpoena was  issued by the defense for FBI SA Lardner in Providence. The constable also tried to serve the Feds with a subpoena for Jack but the agent refused to accept it.  In April, Raymond’s attorneys had the Feds served with demands for the tapes from the Coin-O-Matic, specifically tapes from March 1st  to May 5th 1968.

But hadn’t the wiretaps supposedly been cut off long before that?

Lara:

Long before, but we’ve always had our doubts about that. The Feds always claimed they cut the wire on July 12, 1965, before both the Marfeo murders. I guess the defense attorneys didn’t believe that claim either.

Nina:

Not that it mattered. I still think that some of what was happening in those reports was John Kehoe intel laundering from his live sources, specifically Vinnie Teresa. And statements from Pinky Panarelli and Charles Reppucci’s mystery Top Echelon Informant also made their way into the 302s Kehoe was writing up.

Lara:

Exactly! The actual recordings were never kept. According to the Feds they continually re-recorded over the reels until they were unusable at which point they were destroyed.  

Anyhow, Raymond’s retrial was scheduled to begin on April 26, 1971.

Nina:

But of course it was postponed until May 31st due to prejudicial news reporting. Same story as in the first trial.

Lara:

In the meantime, Frank Vendituoli was arrested in South Portland, Maine while waiting in line for a coffee at Dunkin Donuts. 

Nina:

I personally think that somebody gave Frank up. I’m just not sure who it was. Likely one of the many people SA McWeeney had questioned during Vendi’s nearly 24 months on the run. Vendi thought it was Connecticut Pete, but I think it was somebody closer to home.

In August, Frank’s fingerprints were run against the latent fingerprints on the license plate that the Feds still had. Of course, they weren’t a match either. So Vendi’s trial was not going to be a slam dunk for the government.

Lara:

On October 1, 1971, former FBI SA Charles Reppucci, who was now at the AG’s office in Providence, told his former colleagues that the retrial was scheduled to begin on October 18th. But two weeks later, Reppucci informed the FBI that the trial had been postponed to the following January. Once again due to a news report about Raymond Patriarca, this time out of a local station in New Bedford. Reppucci also told them that it was possible that Patriarca’s case would be severed from the other defendants. 

Nina:

In November, the newly promoted Attorney General Israel requested that SAs Sheehan & Rico be ready to testify again at the second trial.  The Boston Field Office once again gave permission for Sheehan to appear, but a special request had to be made for Rico’s presence since he was now enjoying the sunny beaches of Miami.

That same month, Al Horrigan told his FBI handler Dennis Condon that he had been visiting Sonny at Walpole. He hoped to use Sonny as a defense witness for Patriarca’s upcoming retrial. Horrigan (who was still not a lawyer) informed Condon that he planned to have Sonny perjure himself and testify that he had been with Jack at the time of the consultations at the Gaslight. A meeting that had never taken place, but none of the defense attorneys had figured that out yet. But Sonny refused, saying that he had been out of state on that date, and that there was evidence that would show that (specifically hotel records). When Horrigan tried to reassure Sonny that hotels didn’t keep records going that far back, Sonny said that he didn’t want to cross Jack since Jack had “too much on him”.

Lara:

In January of ‘72 an airtel was sent from J. Edgar Hoover to the SACs in Boston and Miami: “Bureau Authority is granted for SA H. Paul Rico of the Miami Office to appear when called in connection with this case.”

Rico would have to schlep up north in the winter no less! 

Nina:

In February of ‘72, Al Horrigan reported that Raymond sent word to Sonny Diaferio through Henry Tameleo that when Sonny would be called to testify in Rhode Island he was to do so. But Sonny still had cold feet. He also reported Raymond’s guys were “schooling” Carl Velleca aka Blue Jay about his upcoming testimony. Velleca was supposed to say that there was no way Jack could have known about Bobby Fairbrother’s son having killed his cousin at Rudy Sciarra’s house the week before the Marfeo/Melei hits. And that Velleca told him about it after the Marfeo/Melei murders. Velleca believed Jack had a master plan that if Rudy took a pinch on anything he would give up info on a lot of Italian racket guys.

Lara:

Like we said last week, the shooting was all over the Providence Journal. Anyone who picked up a paper would have known. And the master plan scheme makes zero sense. Another informant BS-1943-PC said that the person who made the heads up call that Rudy was at Pannone’s was Joe Timpani!

Nina:

You left out that the 302 said Pocasset market rather than Pannone’s.

Lara:

Spelling wasn’t their strong suit!

Nina:

Neither was geography!

Lara:

We will be discussing Velleca during our prison episode later this season when Blue Jay decides to run for office while incarcerated. 

Nina:

But I have to tell one story about Velleca before we move on.

A Providence native, Velleca had been arrested in May 1968 after a collection of Paul Revere silver was stolen from Phillips Andover Academy in Massachusetts. He later claimed that he refused to rat out the real thief, and was sentenced to 30 years at Walpole for “receiving stolen goods.”

Lara:

30 years!

On March 5th, Vendituoli, Sciarra, Fairbrothers and Rossi were acquitted on the charges of being accessories before the fact in the Marfeo Melei double homicide. Because Vendi still hadn’t been tried on the conspiracy charge, he had to post $25,000 bail before being released.

Nina:

I have to tell everyone what he did upon gaining his freedom. Vendi apparently celebrated his acquittal by remarrying his ex-wife Peggy. According to an FBI informant who was very familiar with Vendi’s activities, Frank intended to “go straight”. He also told the Feds that “Vendi is very cocky now and thinks the FBI will never be able to touch him again.”

Lara:

On May 8th, Raymond’s retrial began. Two of the government’s key witnesses who testified at the first trial, Lucille Hasney and Thomas Marfeo told the court that they didn’t want to take the stand again. When she had been served with the subpoena, Lucille stated that she had drawn up an affidavit swearing that the testimony that she had given at the 1970 trial had been untrue. She said that she was willing to make the affidavit available to the court. 

When the time did come for Hasney to testify, she pleaded the Fifth and the judge held her in contempt. 

Nevertheless, the prosecution was allowed to reuse her 1970 testimony, despite the fact that she had admitted to the prosecution that she had lied. 

Nina:

If I ever got on a jury, I’d hang it just on principle.

Lara:

They won’t take me, so I don’t have to worry about that temptation.

Hasney was eventually sentenced to 90 days in prison for contempt, but those charges were ultimately suspended.

On May 26th, the defense introduced a new witness. Raymond’s old partner in crime, Ben Tilley.

Tilley told the court that Jack had come to him in early 1968 with a job. That job being the Brinks heist that took place at the end of the same year. Tilley further stated that Jack had told him that if he ever got caught, he’d dodge the charges by making up a story about Patriarca. Jack offered Tilley the same get out of jail free opportunity, Tilley claimed. 

Nina:

Albert Tartaglia also testified that Frank Vendi’s car had been in his shop on April 7th, 1968, the day that Jack claimed Vendi had picked him up to meet with Raymond at the Gaslight.

Father Raymond Moriarty testified on Friday, June 2nd that he was not with Raymond at his home on April 7th as he had testified the previous day, but instead had been baptizing a baby girl at his home church in Maryland. Of course that story just reminds me of Raymond using the fake priest in Providence to vouch for him back in the 1930s.

Lara:

But the priest’s changed testimony made no difference for the prosecution’s case. On Monday, June 4th, Raymond was found not guilty in state court on charges of being an accessory before the fact.

We will come back to Pro later in the season, along with his co-defendants, especially Raymond!

Nina:

And of course there will be more of Jack too!

Lara:

Next week, we’ll be discussing good old Vinnie Teresa and his official debut as informant and state’s witness.

Nina:

Ah, one of your favorites! Thanks everyone for listening!

Lara & Nina:

BYE!!!