Utopianstates Blog

BOSTON (Reuters) – A federal judge ordered the U.S. government on Thursday to pay over $100 million in damages, saying four men were wrongfully convicted of murder after the FBI withheld evidence to protect a mob informant.

In a stunning reprimand to the FBI, U.S. District Judge Nancy Gertner in Boston found the bureau helped convict the four men of the March 1965 gangland murder of Edward “Teddy” Deegan, a crime they did not commit.

Peter Limone, Henry Tameleo and Louis Greco had been sentenced to die in the electric chair for the slaying, although their death sentences were lifted in 1972. Joe Salvati was sentenced to life in prison, where he spent three decades.

“This case goes beyond mistakes, beyond the unavoidable errors of a fallible system,” Gertner wrote in a 228-page decision, which called the FBI’s defense — that Massachusetts was to blame for an inadequate investigation — “absurd.”

“This case is about intentional misconduct, subornation of perjury, conspiracy, the framing of innocent men,” she wrote.

Salvati and Limone, along with survivors of Tameleo and Greco — who died in prison — sued the FBI five years ago charging wrongful conviction.

U.S. District Judge Nancy Gertner deserves an award for her decision. Very few and far between are verdicts in favor of those maligned by the government police-justice system. On the other hand, it is rather alarming that she has the power to mandate the spending of a huge sum of taxpayer’s money. Her authority to cause government money to be spent exceeds that of any individual politician, sans Bush. The power that the FBI had over the lives of four families is also alarming. That this case goes undiscovered for FORTY YEARS is very alarming.

The most alarming thing of all, is that we citizens have too many alarming things to protest and therefore protest nothing!

Each year in the United States there are 20 million arrests that do not get media, political, or government attention. This account was submitted by a reader who describes how he was arrested was for an unpaid fine of $300 dollars. He suffered a heart attack and hospitalization as the result of a somewhat standard and routine arrest procedure which was exacerbated by a cop that seemed to enjoy his causation of suffering.

The reader’s narrative follows. The names of the guilty cops were changed. Any similarity to a real name is coincidental.

I was pulled over by two Massachusetts cops. They asked for my license and registration. I did not have my license with me. After a few minutes, I was told I was being arrested because of a warrant for an unpaid $300.00 fine.

Officer Brute told me to put my hands behind my back. I said “Officer I have a pacemaker/defibrillator and have been advised not to extend my hands over my head for extended periods of time or pulled behind my back. I also tried to tell Officer Brute that I have documents to that effect in my wallet” Officer Brute either did hear or choose to ignore my plea He had my left arm in a wrist lock His knee is in the small of may back with just enough force to hold my body pinned but sense I was not resisting. Officer Brute now starts to rotate my arm forcibly.

I’m terrified at this point. Officer Brute starts telling me” stop resisting” Again I try to explain about my disability and the paper work in my wallet. Officer Brute may not have heard my pleas but Office Tim did, even though he was farther away than Officer Brute. Office Tim then stepped up and suggested putting two pairs of cuffs together so as not to strain my shoulder-This was done and I was much more comfortable

For the third time I requested that my wallet be taken with me as it has all the info regarding my disability and medications, I receive no reply but was lead over to the cruiser where the rear door was opened. Officer Brute told me to get in the cruiser. I told Officer Brute I would not fit. He said get in. I tried but couldn’t. I am a 6 foot three inch.3′, 320 pound man that is also 48 years old. My hands were cuffed behind my back. I could not fit through the door into the back seat. The longer this goes on the more the more agitated Officer Brute got.

Other than not allowing Officer Brute to over rotate my arm, I have done nothing to resist – so his change in attitude is very unsettling. I turned and told Officer Brute he had to get alternate transportation – even the paddy wagon. Officer Brute looked at me and said “you’re under arrest get in the car or I will put in the car” I then tried to explain once again that I am disabled, but to no avail. At this point, I asked Officer Brute directly” you’re taking responsibility for my health.” He replied yes. Now I’m scared for my health. I’m forced to wiggle across the back seat causing me a great discomfort in my pectoral area. All of this was easily heard by a male bystander across the Street. Office Tim is controlling traffic so I don’t what he heard or saw but he should have heard something as Officer Brute was getting louder by the minute.

Officer Brute then closed the door on my feet pinning my right foot in the door jamb forcing Officer Brute to have to open the door and tell me to move my feet. Officer Brute then entered the cruiser and started to drive .At this point my second worst nightmare hit.

My chest gets tight I cant catch my breath . I inform Officer Brute I’m in distress then I start to get foggy mentally My last clear thought is that if I was handcuffed in front I could get to my nitro tabs witch are in my right front pocket My next clear thought is of a face looking down at me with an oxygen mask in his hand, my chest is on fire where the pacemaker defibrillator is located. I don’t present in the classic style of a heart attack, instead of having numbness or tingling in the left arm I get tingling in my jaw and down my neck Im in distress and unable to get out of the car because my hands are still hand cuffed behind my back. One of the E M T s asked for them to be removed I heard no reply but they didn’t come off. {A quick revue I’m 48yrs old in the pre-stages of a coronary I’m in the parking garage of the police station .There are at least three police officers one fire truck and crew has parked there truck blocking the ramp out to the st and the men a standing around in the door ways WHERE DO THEY THINK IM GOING IM BEING ARESTED FOR A TRAFFICE WARRANT.} At this point I’m hurting bad .my jaw is now gone form tingling to severe pain I’m sucking oxygen through the mask . At some point they just have to reach in and drag me out of the car When they pull me from the cruiser the pain was unbearable everything goes white in front of my eyes. When my head clears I’m still in the car but sitting up. The E M T s now tell me the hard parts over lets get to the gurney .They help me stand The hand cuffs are now undone just long enough for them to put one the gurney

Officer Brute moves in and with a evil smile and cuffs me to the gurney one of the E M T s has to wait to put in an iv needle in my arm because of this .The E M T then asks if I know the meds I’m on i tell him that all that is in my wallet He then makes the statement out loud that the wallet must travel with us. Once in the ambulance still handcuffed to the gurney .they get me on a monitor my heart is all out of whack . The irregular beat are called P V C s The E M T sees this and starts treating with a nitro spray and telling me I have to calm down He now has to relocate the iv in my left wrist because of the handcuff is now rubbing against it .He looks at the cuff and says what did you do I tell him its a traffic warrant he find s this very funny [ i have no malice toward this man he did a wonderful job on the ride in ] When we reach the ER at Boston Medical Center as I’m being admitted to the ER Officer Brutes mood morphs again he becomes sullen almost bored. When the admitting nurse asks about my history and meds the E M T asks Officer Brute for the wallet HE asked be brought Officer Brute remarks off hand that it back at they station .I let out an audible sigh. Officer Brute then states that he’s looking forward to taking back to Winthrop and put me in a cell for the weekend. I’m really confused and scared of what this man is capable of.

They switch me from one gurney to the ER gurney Officer Brute switch’s the cuffs from one to the other with out a sound or being bidden he then sits in a chair about 5ft to the right of the bed and except for about a 5min flirtation with an ER nurse about how his contact lens irritates his right eye causing it to be” blood shot and itchy” He just sits there. A nurse is interviewing me about the chest pain He confirmed the four sprays of nitro on the ambulance ride in .He then asked me what time did the shortness of breath start sense i was out of it at that time i guessed about 11.00am I turned to Officer Brute and asked is that correct Office Timo witch he snaps” He’s asking you, don’t talk to me”. I don’t know who’s more surprised me or the nurse but I’m not asking again. After 4 hrs of treatment they still cant get my heart to stop throwing P V C s Its decided that I’m to be admitted to cardiac I C U. as were waiting for a room to become available Office Tim arrives with a paper from E B Court that will release me on my own recognizance to appear in Chelsea District Court on 6/5/07.Officer Brute says sign the paper and the cuffs come off and he shows me the paper I say fine just one question.

What did Officer Brute pull me over for in the first place? .He says you have a warrant out of Chelsea. I said yes you told me but why did you pull me over in the first place his face changed right in front of my eyes as did his temperament .He no longer looks distracted he leans forward his voice is raised and says you have a warrant out of Chelsea. In my mind this is the cop from cruiser this morning and he’s still scary. I ask again what driving offense I committed to get pulled over. Officer Brute then says “I can stay handcuffed to the bed all weekend as far as he is concerned.” At this point we have been sitting next to each other no more than 5 ft apart for 4-4.5 hrs Our whole conversation has lasted 30-45 sec total. Office F then announces in the middle of the ER that he cant deal with this guy any more and hands the paper to Office Tim and walks out of my field of view. Office Tim them calmly explained that they are issued a list of outstanding warrants and my name was on the list. That was all I wanted to know. I said thank you. I said now ill sign the paper. Officer Brute then took the paper back and placed it on the rolling table to my left .About 1hr earlier two docs exam-end the soreness around the device I explain to them that the pain get severe after about 15 deg of rear rotation .I knew it was to far but I figured try just give him his last thrill and maybe hell be a better person tomorrow. I could make the turn but trying to write was intense pain .I sat back and said I cant do it He says yes you can I just saw you do it for the doctor. He has this look like he just caught me in a lie . At this time the nurse that he wouldn’t give info to picked up a clip board and assisted me in signing the form. Officer Brute then came back over took his copy of the form his pen and left. Office Tim wished me well and follows Officer Brute out.

I understand that a police officer must take actions to protect himself and other people .But officers F’s blatant disregard for my safety .forcing me to lie sideways in the back of the cruiser thus pulling my left shoulder back and causing great distress. Then in the station garage he stands out side the door laughing and joking but refusing to remove the handcuffs despite the EMTs trying to treat me for a coronary.

His unwillingness to confirm info for the nurse in the ER Not bringing my wallet despite being well aware of the nature of the paper work in side. I have had to call 911on at least 3 occasions so my condition is known by the police fire and ambulance service in this town. The late great Supreme Court Justice Potter Stewart once said “I can not define pornography, but I know it when see it. Well I can’t define bipolar disorder. But I now know what it looks like.

P S went to Chelsea Court on 6/5/07 about the default warrant they new nothing about me being picked up by Winthrop police, So when they asked why i was there i said to take care of the warrant and they assumed i came in on my own and I was not going to tell them. Unless asked. The warrant was from an unpaid fine for $300.00. The judge removed the warrant and gave me 30 days to pay the fine. I will pay fine Thursday 6/7/07] I have receipt.