Joe Salvati, wrongfully convicted of a mob-related murder, was ultimately cleared by evidence found by Boston journalist Dan Rea. [1] Sentenced to life in May 1968, he was released in 1997. [2] As a result, the House Committee on Government Reform investigated whether or not the Government withheld evidence. [3]
In 1965, Edward "Teddy" Deegan was murdered in an alley in Chelsea, Massachusetts. In 2007, Judge Nancy Gertner awarded $102 million to those whose convictions were overturned, stating FBI agents were trying to protect their informants, including "one of the true killers, Vincent "Jimmy the Bear" Flemmi, who was an FBI informant." Joe "The Animal" Barboza's testimony was crucial in convicting Mr. Salvati. [4] At the time, it was the "single largest sum ever awarded from the federal government under the Federal Tort Claims Act." [5] [6]
Within hours of Deegan's murder, J. Edgar Hoover had a memo from the Boston field office on his desk accurately identifying all the shooters, the actual shooters, as opposed to the four innocent men who would be convicted of the crime on the false testimony of Joseph Barboza in 1968. The memo never mentioned Salvati or his co-defendants. [7]
Salvati, whose only previous arrest had been for breaking and entering in 1954, was working odd jobs and had borrowed $400 from a friendly local moneylender. One day, the moneylender's accounts were unexpectedly taken over by Barboza. Barboza wanted Salvati's debt paid immediately, but Salvati was unable to pay, and stole the baseball bat from one of Barboza's enforcers who had been sent to collect the $400. A few days later, Salvati was arrested for the murder of Terry Deegan, a man who Salvati had never even heard of before. [8] Salvati's lawyers believe Barboza, the first in Boston recruited for the FBI witness protection program, set him up "simply to settle old scores." [9] [10]
Radio talk host Howie Carr would later surmise, "For the FBI, it was more important to keep Vincent, and later Barboza, on the street as informants than it was to prevent the framing of innocent men. In fact, the railroading of the four men served two purposes for the FBI, it would enable Vincent and Joseph Barboza to escape conviction for a murder they had committed, and it would also remove several Patriarca crime family members or associates from the criminal world that the FBI had not been able to eliminate in a legal manner". [11]
The Innocence Project is a 501(c)(3) nonprofit legal organization that is committed to exonerating individuals who it claims have been wrongly convicted through the use of DNA testing and to reforming the criminal justice system to prevent future injustice. The group cites various studies estimating that in the United States, between 2.3% and 5% of all prisoners are innocent. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld. Scheck and Neufeld gained national attention in the mid-1990s as part of the so-called "Dream Team" of lawyers who formed part of the defense in the O. J. Simpson murder case.
A miscarriage of justice, also known as a failure of justice, occurs when a person is convicted and punished for a crime that they did not commit. It is seldom used as a legal defense in criminal and deportation proceedings. The term also applies to errors in the other direction—"errors of impunity", or to any clearly unjust outcome in any civil case. Every "miscarriage of justice" in turn is a "manifest injustice." Most criminal justice systems have some means to overturn or quash a wrongful conviction, but this is often difficult to achieve. In some instances a wrongful conviction is not overturned for several decades, or until after the innocent person has been executed, released from custody, or has died.
The Winter Hill Gang is a structured confederation of Boston, Massachusetts–area organized crime figures, who are predominantly of Irish and Italian descent. It derives its name from the Winter Hill neighborhood of Somerville, Massachusetts, north of Boston. Its members have included notorious Boston gangsters Buddy McLean, Whitey Bulger, Howie Winter, Joe McDonald, Johnny Martorano, Patrick Nee and Stephen Flemmi. They were most influential from 1965 under the rule of McLean and Winter until the takeover led by Bulger in 1979.
Stephen Joseph Flemmi is an American gangster and close associate of Winter Hill Gang boss Whitey Bulger. Beginning in 1975, Flemmi was a top echelon informant for the Federal Bureau of Investigation (FBI).
Harold Paul Rico was an FBI Agent who had an extraordinary career developing and operating high-level informants and witnesses used to prosecute organized crime figures in the 1960s and 70s. He retired from the FBI in 1975 and became head of security for World Jai Alai (WJA) in Miami, Florida, owned by Tulsa businessman Roger Wheeler, a self-made millionaire and owner of Tulsa-based Telex Corp. Paul Rico remained as head of security until the business was sold in 1995.
Joseph Barboza Jr., nicknamed "the Animal", was an American mobster and notorious mob hitman for the Patriarca crime family during the 1960s.
John Joseph Connolly Jr. is an American former Federal Bureau of Investigation (FBI) agent who was convicted of racketeering, obstruction of justice, and murder charges stemming from his relationship with James "Whitey" Bulger, Steve Flemmi, and the Winter Hill Gang.
Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents suggest that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of death penalty.
The Patriarca crime family, also known as the New England Mafia, the Boston Mafia, the Providence Mafia, or The Office, is an Italian-American Mafia crime family in New England. It has two distinct factions, one based in Providence, Rhode Island and the other in Boston, Massachusetts. The family is currently led by Carmen Dinunzio who is part of the Boston faction. They are active primarily in Massachusetts, Rhode Island, and eastern parts of Connecticut.
Joseph H. Burrows was wrongfully convicted of the murder of farmer William E. Dulan at his home in Iroquois County, Illinois, in 1988. After his conviction and sentence to death in 1989, Burrows was held for nearly five years on death row.
Enrico "Henry" Tameleo, also known as "The Referee", was an Italian-American mobster from Boston, Massachusetts and underboss in the New England-based Patriarca crime family and was also a member of the New York-based Bonanno crime family of La Cosa Nostra from 1952 to 1968.
Vincent James Flemmi, also known as "Jimmy The Bear", was an Italian-American mobster who freelanced for the Winter Hill Gang and the Patriarca crime family. He was also a longtime informant for the Federal Bureau of Investigation. He was also the brother of government informant Stephen Flemmi.
Richard J. Castucci Sr. was an Italian-American member of the Patriarca crime family who owned several strip clubs and was involved in illegal gambling. Castucci eventually became a government informant.
Dan Rea is the conservative host of "NightSide with Dan Rea" WBZ radio, following the death of Paul Sullivan.
Centurion is a secular, non-profit organization located in Princeton, New Jersey, with a mission to exonerate innocent individuals who have been wrongly convicted and sentenced to life sentences or death.
John J. Kelley was a reputed mobster who was an associate of the Patriarca crime family. He allegedly was a robber and a hit man. His nicknames in the underworld were "Swiss Watch," due to the methodical way in which he plotted his robberies, and "Saint John," due to his patience.
Maurice Richard "Pro" Lerner was a Mafia hit man connected with the Patriarca crime family who was convicted of murder in 1970. His conviction was overturned due to unethical behavior by the Federal Bureau of Investigation and its chief witness.
The Northern California Innocence Project (NCIP) is a legal based organization at the Santa Clara University School of Law in Santa Clara, California. The organization revisits previous convictions of individuals who are believed to be innocent of their crimes. Justice has already been attained for 24 individuals who have collectively spent 303 years in prison. They are a non-profit clinical program of Santa Clara University School of Law, which looks to promote a more fair, effective and compassionate criminal justice system. The NCIP attempts to protect the rights of all parties involved so that they too may have an adequate trial. NCIP is a member of the national Innocence Project network of similar organizations. The NCIP was created in 2001 by Kathleen "Cookie" Ridolfi and Linda Starr, during this time new legislation in California had permitted convicted inmates to seek DNA testing to prove their innocence.
The murder of Edward Charles "Teddy" Deegan occurred on March 12, 1965. Deegan was shot and killed in an alley next to an office building in Chelsea, Massachusetts at approximately 9:30pm. In 1967 police charged six men with Deegan's murder, and at trial, the prosecution's primary witness was Federal Bureau of Investigation criminal informant Joseph Barboza. On July 31, 1968, the court convicted Louis Greco, Henry Tameleo, Ronald Cassesso and Peter Limone of Deegan's murder, and sentenced them to the death penalty. Joseph Salvati and Roy French were sentenced to life imprisonment as accessories to Deegan's murder. In 1997 Salvati's sentence was commuted by Governor William Weld, and in January 2001, a judge overturned Peter Limone and Joe Salvati's convictions after uncovered FBI documents proved their innocence. In 2004, Judge Nancy Gertner ruled that federal lawsuits by the families of Louis Greco, Henry Tameleo, Peter Limone and Joseph Salvati had permission to be filed against the United States Government, and in 2007 a landmark decision ordered the United States Government to pay $101.7 million to the accused and their families for wrongful conviction. The use of FBI informants for the wrongful conviction of four innocent men is noteworthy because it unveiled the corrupt activities that occurred in the FBI during the 1960s.