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FASCISTS FOREVER, JUDGES NO MORE: PART ONE (OF TWO)

In History, Law, Politics, Social commentary on May 1, 2014 at 12:08 am

Republicans have a love/hate relationship with Adolf Hitler.

On one hand, they repeatedly accuse President Barack Obama of being another Hitler. They decorate his poster with the toothbrush mustache worn by Germany’s Fuehrer. They dismiss Obama’s eloquence with: “Hitler also gave good speeches.”

Adolf Hitler

On the other hand, they run candidates whose power-lust and ruthlessness match that of Hitler or any of his henchmen.

Among these in the past have been such notorious figures as Senator Joseph “Tail Gunner Joe” McCarthy, House Majority Leader Tom DeLay, President Richard M. Nixon and House Speaker Newt Gingrich.

And now a figure from that past is once again planning a last, desperate grasp for absolute power in 2016: Newt Gingrich.

Newt Gingrich

In a half-hour phone call with reporters on December 17, 2011, Gingrich said that, as President, he would abolish whole courts to be rid of judges whose decisions he feels are out of step with the country.

“Are we forced for a lifetime to keep someone on the bench who is so radically anti-American that they are a threat to the fabric of the country?” Gingrich asked.

“What kind of judge says you’ll go to jail if the word ‘invocation’ is used? If this isn’t a speech dictatorship, I’d like you to show me what one looks like.”

And appearing on CBS’ “Face the Nation,” Gingrich said the President could send federal law enforcement authorities to arrest judges who make controversial rulings in order to compel them to justify their decisions before congressional hearings.

When host Bob Schieffer asked how he would force federal judges to comply with congressional subpoenas, there occurred this telling exchange:

Schieffer: Let me just ask you this. You talk about enforcing it because one of things you say is if you don’t like what a court has done, the congress should subpoena the judge and bring him before congress and hold a congressional hearing.

Some people say that’s unconstitutional but I’ll let that go for a minute. I just want to ask you from a practical standpoint, how would you enforce that? Would you send the Capitol police down to arrest him?

Gingrich: If you had to or you’d instruct the Justice Department to send a U.S. Marshal. Let’s take the case of Judge Biery. I think he should be asked to explain a position that radical.

How could he say he’s going to jail the superintendent over the word benediction and invocation?

Because before…because then I would encourage impeachment. But before you move to impeachment, you’d like to know why he said it. Now clearly since the congress has the power.

Schieffer: What if he didn’t come? What if he said, no thank you, I’m not coming?

Gingrich: Well that is what happens in impeachment cases. In an impeachment case, the House studies whether or not, the House brings them in, the House subpoenas them. And as a general rule they show up.

I mean, but you’re raising the core question, are judges above the rest of the constitution? Or are judges one of the three co-equal branches?

* * * * *

The politicizing of the judiciary was one of the major hallmarks of Hitler’s Germany. Those judges who refused to hand out the types of verdicts Hitler desired were quickly removed.

They were replaced by judges like the infamous Roland Freisler, who chaired the First Senate of the People’s Court, and acted as judge, jury and prosecutor.

Roland Freisler

About 90% of all defendants appearing before him were sentenced to death or life imprisonment. The sentences had often been determined before trial.

Between 1942 and 1945, more than 5,000 death sentences were handed out. Of these, 2,600 were issued by the court’s First Senate, which Freisler headed.

Freisler was infamous for humiliating defendants. Several defendants in the July 20, 1944 bomb plot against Hitler appeared before him. One of these was Ulrich-Wilhelm Graf Schwerin von Schwanenfeld.

Schwerin, brought to court without a belt and tie, tried to preserve his dignity by holding up his pants. Freisler mocked him as a pervert for “playing” with his trousers.

When Schwerin said that he had come to oppose Hitler because of “the many murders in Germany and abroad” he was furiously interrupted by Freisler, who finally shouted him down.

On September 8, 1944, Schwerin was hanged in prison in Berlin.

On 3 February 1945, Freisler was conducting a Saturday session of the People’s Court, when American bombers attacked Berlin.   A hit on the courthouse unloosed a heavy beam that crushed his skull, instantly killing him.

Adolf Hitler laid out his plans for remaking Germany and the world in his book, Mein Kampf (My Struggle). Newt Gingrich has openly proclaimed his own dictatorial intentions.

Hitler published Mein Kampf in 1925–eight years before he became Germany’s Fuehrer in 1933.

Five years before the 2016 election, Gingrich has given warning of his own dictatorial plans for remaking the United States in his own image.

Most Germans who detested Hitler refused to take him seriously–until it was too late.

History will judge whether Americans act more responsibly than their German counterparts.

END OF PART ONE

THE DANGERS OF TIMIDITY

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 23, 2014 at 1:00 am

President Barack Obama–or at least Neil Kornze, the director of the Federal Bureau of Land Management (BLM)–has some serious lessons to learn about the uses of power.

For more than 20 years, Cliven Bundy, a Nevada cattle rancher, has refused to pay fees for grazing cattle on public lands, some 80 miles north of Las Vegas.

BLM says Bundy now owes close to $1 million. He says his family has used the land since the 1870s and doesn’t recognize the federal government’s jurisdiction.

In 2013, a federal judge ordered Bundy to remove his livestock. He ignored the order, and in early April, 2014, BLM agents rounded up more than 400 of his cattle.

Over the weekend of April 12-13, armed militia members and states’ right protesters showed up to challenge the move.

US Bureau of Land Management (BLM) | Tethys

Bureau of Land Management logo 

Rather than risk violence, the BLM did an about-face and released the cattle.

Right-wing bloggers and commentators have portrayed the incident as a victory over Federal tyranny.

According to Alex Jones’ Infowars.com: “Historic!  Feds Forced to Surrender to American Citizens.”

Right-wingers have depicted Bundy as a put-upon Everyman being “squeeaed” by the dictatorial Federal government.

They have deliberately ignored a number of inconvenient truths–such as:

  • He claims that his grazing rights were established in 1880 when his ancestors settled the land where his ranch sits.
  • But the Nevada constitution–adopted in 1864 as a condition of statehood–contradicts Bundy’s right to operate as a law unto himself.
  • The constitution says: “The people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States.”
  • In 1934,  the Taylor Grazing Act gave existing ranchers permits allowing them to run their herds on federal land.
  • In turn, ranchers paid user fees, which were lower than what most private landowners would have charged.
  • In 1993, the Federal government launched an effort to protect the endangered desert tortoise.
  • Certain grasslands were placed off-limits for grazing, and the government bought out the permits of some ranchers.
  • Among others, Bundy refused to sell and kept grazing his cattle on restricted federal land without a permit.
  • Amidst mounting fees and fines, Bundy repeatedly slugged it out in court against government lawyers.  He lost.
  • In 1998, a federal judge permanently barred him from letting his cattle graze on protected federal land.
  • In early April, 2014, BLM agents–charged with overseeing grazing rights–began rounding up Bundy’s cattle to remove them from federal property.

Bundy’s family and other ranchers–backed up by a motley assortment of self-declared militiamen armed with rifles and pistols–confronted the agents.

Fearing another Waco–regarded by Right-wing Americans as a second Alamo–the BLM agents backed down and released Bundy’s cattle.  And then retreated.

While Right-wingers hail this as a victory for “states’ rights,” the truth is considerably different.

Bundy’s refusal to recognize the federal government’s jurisdiction amounts to: “I will recognize–and obey–only those laws that I happen to agree with.”

And the BLM’s performance offers a texbook lesson on how not to promote respect for the law–or for those who enforce it.

As Niccolo Machiavelli, the father of modern political science warned more than 500 years ago in The Prince:

[A ruler] is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which [he] must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude. 

As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

Niccolo Machiavelli

In his master-work, The Discouorses, he outlines the consequences of allowing lawbreakers to go unpunished:

...Having established rewards for good actions and penalties for evil ones, and having rewarded a citizen for conduct who afterwards commits a wrong, he should be chastised for that without regard to his previous merits….

For if a citizen who has rendered some eminent service to the state should add to the reputation and influence which he has thereby acquired the confident audacity of being able to commit any wrong without fear of punishment, he will in a little while become so insolent and overbearing as to put an end to all power of the law.

The conduct of the agents of BLM has violated that sage counsel on all counts.

BLM agents should have expected trouble from Right-wing militia groups–and come fully prepared to deal with it.

The FBI and the U.S. Marshals Service, for example, have created SWAT teams to deal with those who threaten  violence against the Federal Government.

Civil War General William Tecumseh Sherman had a formula for dealing with domestic terrorists of his own time.

Writing to his commander, Ulysses S. Grant, about the best way to treat Confederate guerrillas, he advised:

Black-and-white photograph of Sherman in uniform with his arms folded in front of him

General Willilam Tecumseh Sherman

“They cannot be made to love us, but they may be made to fear us.  We cannot change the hearts of those people of the South.

“But we can make war so terrible that they will realize the fact that . . . they are still mortal and should exhaust all peaceful remedies before they fly to war.”

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART SIX (OF TEN)

In Bureaucracy, History, Law, Law Enforcement on June 17, 2013 at 12:16 am

Mafia Hitman Joseph Barboza had become known throughout the New England underworld as “The Animal.”

He relished his new alias and his reputation as a temperamental killer.

Everyone who dealt with Barboza—including Mafia Boss Raymond Patriarca—feared his explosive temper.

Granted an audience with Patriarca, Barboza was transfixed by the capo’s diamond ring.  Later, he bragged that he had thought of biting off Patriarca’s finger to get the ring.

“He’s crazy,” Patriarca often told his closest associates.  “Someday we’ll have to whack him out.”

Only one other mob gunman could match Barboza’s reputation for deadliness: Steve Hughes, the top triggerman for the McLaughlins.

Barboza spent more than a year trying to eliminate Hughes, until his chance finally came on September 23, 1966.

On that day, Hughes and a loanshark friend, Sammy Lindenbaum, went for a drive along Route 114 in Middleton, Massachusetts.

They paid no attention as another car—carrying Barboza and a crony, Joseph Amico—rapidly closed on them.

With Amico behind the wheel, Barboza aimed a high-powered rifle out the window and dropped Hughes and Lindenbaum in their seats.

Barboza’s moment of supreme triumph was short-lived.  His rising notoriety disturbed Patriarca, who believed in taking a low profile and avoiding the antagonism of the press and police.

Patriarca began searching for an excuse to part with his top muscleman.   He found it on October 6, 1966, when Boston police arrested Barboza and three companions.

Inside Barboza’s car, police found a loaded .45 automatic and an M-1 carbine.  Barboza, then out on bail on a stabbing charge, was shipped off to Walpole State Prison for parole violation.

There he waited vainly for the Patriarca Family to post the $50,000 bond demanded for his release.

Tired of waiting, two of his fellow enforcers decided to lend a hand: Thomas DePrisco and Arthur Bratsos began raiding Patriarca gambling dens to collect the money.

Their fund-raising efforts ended violently one night when their intended victims drew pistols and shot Bratsos and DePrisco to death.

When he learned of the deaths of his friends, Barboza exploded.  He damned Patriarca as a “fag” and swore to kill several of the capo’s top associates, whom he blamed for the slayings.

Word of this outburst reached Patriarca, who sent back a threat of his own: Barboza was a dead man, in or out of prison.

Fearing for his own life, Barboza yielded to the proddings of two FBI agents seeking evidence against Patriarca.  He agreed to act as a federal witness against his former mob cronies.

In exchange, he demanded protection for himself, his wife and young daughter, and the dropping of his parole and all charges now facing him.

Although Barboza’s terms were stiff, Boston District Attorney Gary Byrne and the prosecutors of the Justice Department felt they were getting the best of the bargain.

They saw in Barboza a dramatic, unprecedented opportunity to strike down a powerful crime cartel.

This, in turn, would enable federal lawmen to recruit new informants and witnesses for additional—and successful—prosecutions..

To achieve these goals, however, the Justice Department had to prove it could protect Barboza against mob reprisals.

As a first step in this process, Byrne released the ex-hitman to the protective custody of the FBI.  But the FBI found its budget and manpower strained by the assignment.

Realizing that a combined effort was necessary, the Bureau called in a handpicked security detail of sixteen deputy U.S. marshals.

Heading the detail was Deputy Marshal John Partington, a former agent with the IRS Intelligence Division and a specialist in organized crime.

John Partington (on right)

Equally important, Partington understood the criminal mentality: Not only did Barboza need to be protected, he needed to be kept in a proper state of mind to testify in court.

The marshals transferred Barboza to Thatcher’s Island, an isolated lighthouse station off the coast of Gloucester.  Occupied by two houses and approachable only by sea, the island seemed a perfect security spot.

Every two weeks, a new detail of marshals arrived to relieve the sixteen men on duty.  Food and supplies were regularly shipped in aboard Coast Guard vessels.

Eventually, the press learned of the security detail on ”Baron’s Island”—so  nicknamed because “Baron” had once been a Barboza alias.

The disclosure led to a series of attempts by mob hitmen to eliminate Barboza.

Thatcher’s Island

The first attempt came in September, 1967.  Patriarca ordered a 325-pound stock swindler named Vincent Teresa to take a crew of hitman, infiltrate the island and dispose of Barboza.

But the FBI learned of the plot and tipped off the security detail.

When Teresa’s $112,000, forty-three foot yacht, The Living End, cruised around the island, the hitman couldn’t find an unprotected spot to land.

Everywhere they looked they saw deputy U.S. marshals, armed with pistols and carbines, patrolling the beach.  Barboza never appeared in sight.

Then a Patriarca assassin, Maurice “Pro” Lerner, thought of making a one-man, commando-style assault on the island.  An experienced skindiver, he brought along his own scuba gear for just such an attack.

But he quickly dropped the idea: he estimated the odds of getting a successful shot at Barboza were a million to one.

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART FIVE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement on June 14, 2013 at 12:05 am

The Witness Security Program owes its creation to one of the most-feared assassins the Mafia has ever produced: Joseph Barboza, who took pride in his underworld alias, “The Animal.”

It was a nickname he had lived up to.  “I was an enforcer,” he boasted to the House Select Committee on Crime in 1972, “who kept the other enforcers in line.”

Barboza had done so as a top hitman earning $900 a week from the most powerful Mafia family in New England.  Ruling that family was Raymond Patriarca, based in Providence, Rhode Island.

Joseph “The Animal” Barboza

But even before entering the Mafia, Joseph Barboza had spent most of his life as a career criminal.  He was born in 1932, in New Bedford, Massachusetts, to Portuguese immigrant parents.

By the time he was thirty, he had served two prison sentences—one for burglary, the other for assault with a deadly weapon.

Even his jailers couldn’t restrain him.  At Norfolk Prison Colony, he got drunk on illicit “hooch” and led an inmates’ riot, culminating in a short-lived escape-attempt.

When Barboza wasn’t serving time in prison, he made his living as a boxer (winning three professional matches and earning a rating in Ring magazine).  He supplemented his income through a career as a freelance loanshark and extortionist.

By 1963, his growing notoriety had brought him to the attention of Enrico Henry Tameleo, the underboss, or second-in-command, to Raymond Patriarca.

Since 1948, Patriarca had been “the policymaker, judge and overlord of organized crime” throughout New England, according to a 1966 FBI report.

Raymond Patriarca

Tameleo offered a Barboza a job and fulltime income as an enforcer for the Patriarca Family.  Barboza instantly agreed.  He had always dreamed of becoming a “made man” of the Mafia.

(Tameleo didn’t warn him that this was impossible.  Barboza was of Portuguese descent, and only full-blooded Sicilians and Italians could hold Mafia membership.)

Tameleo sent Barboza to shake down 20 nightclubs whose owners had refused to pay “protection insurance” to the mob.

The owners changed their minds after one or two visits from Barboza and his wrecking crew.  Furniture would be smashed and customers terrorized until the owners began paying $1,000 a month to Patriarca’s collectors.

Meanwhile, the always fragile peace of the New England underworld was being shattered by an escalating wave of gangland violence.

In 1961, the two most powerful factions of the region’s “Irish Mafia” had gone to war.  On one side was the Charleston mob of Bernard McLaughlin.  On the other was the Winter Hill gang of James “Buddy” McLean.

The “Irish Gang War” triggered a police crackdown on all the New England organized crime groups—including Patriarca’s.  That was when Patriarca demanded that the fighting stop.

To ensure that it did, he sent his underboss, Tameleo, to arrange a peace conference between the McLeans and McLaughlins.  Both sides agreed to a truce because Tameleo was widely respected for his skills as a negotiator.

But when the conference opened in January, 1965, Tameleo was outraged to find the McLaughlins had come armed–a direct violation of the “rules of order.”  Patriarca also grew furious at this spurning of his efforts as underworld peacemaker.

As a result, the Patriarca Family threw its full weight behind the McLeans.

During 1965, Joseph Barboza moved from being a “mere” legbreaker for the Patriarca Family to becoming its top assassin.  His first important victim was Edward Deegan, a McLaughlin member who had raided several Patriarca gambling dens.

Barboza invited Deegan to join him in a burglary of the Lincoln National Bank in Boston.  Unaware that he had been marked for death, Deegan agreed.

On the night of March 12, 1965, the burglars struck.  As the four men emerged from the bank, Barboza and two cronies emptied their pistols into Deegan.

This killing proved a turning point for Barboza.  He became the top hitman for the Patriarca Family and the McLean mob.  He carried out more  hits than any other assassin during the war.  Later, in a hastily-written autobiography, he would boast of his string of killings.

(But he was always careful to describe his actions in the third-person, as though someone else had actually been responsible.  In this way he protected himself against prosecution for murder, where no immunity existed.)

In June, Jimmy “The Bear” Flemmi, a close friend of Barboza’s, was gravely wounded by a shotgun blast.  Barboza soon learned that the attackers had been Steve Hughes and Edward “Punchy” McLaughlin.

Swearing vengeance, Barboza quickly set out to claim his next victim.  He was especially intent on disposing of Hughes, who had become the top triggerman of the McLaughlins.

On October 20, 1963, Edward McLaughlin was waiting at a bus stop when Barboza casually walked up behind him.  Disguised in a wig and glasses, Barboza drew his pistol and pumped five bullets into McLaughlin.

Less than a month later, on November 11, the hitman visited the Mickey Mouse Club, a tavern in Revere Reach.  This time his intended target was a bartender and McLaughlin member named Ray DiStassio.

Talking with DiStassio at that moment was an innocent bystander, John R. O’Neill.  Barboza simply drew and shot both men dead.

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART FOUR (OF TEN)

In Bureaucracy, History, Law, Law Enforcement on June 8, 2013 at 12:05 am

Joseph Valachi was the first member of the Mafia to talk publicly about its secrets.

But before that happened, he had to be persuaded to open up.  The men who first got that assignment were agents of the Federal Bureau of Narcotics and Dangerous Drugs.

But the sessions between him and the agents went badly.  He blamed them for his imprisonment on drug charges in 1960.  And he believed they had deliberately created a rift between him and his cellmate, “Boss of all Bosses” Vito Venovese.

Then the FBI intervened.  Under pressure from Attorney General Robert Kennedy to combat the crime syndicates, the Bureau took an aggressive interest in Valachi.

Seeing him as a potential breakthrough in organized crime intelligence, the FBI cited its greater area of jurisdiction and successfully lobbied the Justice Department to take charge of the new informant.

Valachi’s disclosures proved worthless as prosecution evidence.  They were too dated, and too many of the leading mobsters who figured in them were now dead or retired.

But as strategic intelligence, they were invaluable.

Valachi provided federal lawmen, for the first time, with an insider’s account of the history, membership and operations of organized crime.

Many veteran law enforcement agents were shocked: The shadowy world of the Cosa Nostra was far more extensive and powerful than they had dared imagine.

More important, in Joseph Valachi himself, the Justice Department finally had tangible proof of an organized crime network.  The very existence of the Mafia had long been hotly debated within law enforcement.

Chief among the believers in such a criminal empire had been Harry Anslinger, director of the Federal Bureau of Narcotics.

Anslinger’s certainty that the Mafia existed grew out of his agents’ constant struggles against mobsters importing narcotics into the United States.  His agency had compiled elaborate dossiers on many of these mobsters, and had sent many others to prison.

By far the most important “debunker” of this belief was J. Edgar Hoover, director of the Federal Bureau of Investigation.  Hoover insisted that there was no “national crime confederation,” only loosely-knit groups of criminals whose apprehension was best left to local law enforcers.

J. Edgar Hoover

Hoover’s refusal to admit the existence of the Mafia has long been the subject of heated debate.  Some theorists believe he feared that his “Boy Scout” agents would be corrupted by Mafia bribes.

Others argue that he had been compromised by Mafia bribes or blackmail (the latter through his alleged homosexual relationship with Clyde Tolson, his second-in-command at the FBI).

Still others claim that Hoover simply couldn’t accept that other federal, state and local police agencies had discovered a criminal empire that his own agents had somehow overlooked.

A major reason for the continuing debate over the existence of organized crime lay in the refusal of mob informants to testify as courtroom witnesses.  Abe Reles had been an exception, but he had given his testimony twenty years ago, and only for the State of New York.

More importantly, Reles never appeared before a Senate investigating committee—and on live television.

Joseph Valachi did.  In September, 1963, he became the Senate’s star witness in its hearings on organized crime and narcotics trafficking.

By that time, the mob was offering $100,000 for his life.  To guarantee that no one collected on this contract, federal lawmen turned the Senate Caucus Room into a bodyguards’ convention.

Before Valachi entered the room, FBI agents and deputy U.S. marshals screened the audience for suspicious types or known underworld figures.  While Valachi testified, marshals and capital police filled most of the first eight rows behind him.  Other lawmen were scattered throughout the building.

Joseph Valachi

Whenever Valachi left the witness chair, twenty deputy marshals accompanied him everywhere—even  during trips to the restroom.  And after each day’s proceedings, a fast-moving caravan of police cars returned him to his heavily-guarded cell at the District of Columbia Jail.

During the nearly three years that federal agents interrogated Joseph Valachi, the Justice Department spent more than $167,908 guarding, transporting and maintaining him.

But the money was well-spent: when Valachi died in 1971 at La Tuna Federal Prison, near El Paso, the cause was a heart attack.  And federal lawmen had proven they could guarantee protection for those who betrayed the secrets of the Mafia.

Other organized crime witnesses for the Justice Department didn’t fare so well.

In 1965, two years after Valachi’s appearance before the Senate, Attorney General Nicholas deB. Katzenbach, who had succeeded Robert Kennedy, informed a shocked Congress: “We must dismiss [organized crime cases] because key witnesses or informants suffer ‘accidents’ and turn up, for example, in a river wearing concrete boots.

“Such accidents are not unusual.  We have lost more than twenty-five informants in this and similar ways in the last four years.  We have been unable to bring hundreds of other cases because key witnesses would not testify for fear of the same fate.”

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART THREE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement on June 7, 2013 at 12:03 am

Eight years after the death of Arnold Schuster in 1952, the lack of a witness security program cost the life of James V. Delmont, a member of the Stefano Magaddino Mafia Family of Buffalo, New York.  After slipping from underworld grace, Delmont went on the run for his life.

On June 25, 1959, he appeared at the Miami field office of the FBI, offering a rare trade: Mafia secrets for any intelligence the Bureau had on his pursuers.  But the FBI didn’t know what to do with its would-be informant.  One agent advised Delmont to re-enter the Mafia as an FBI plant.  Delmont angrily rejected that idea, and again took flight.

On May 25, 1960, he made a similar offer to agents of the FBI’s Los Angeles office.  They wrote him off as a crank.

Ten days later, Delmont’s body, bearing the marks of a classic Mafia execution (several bullets fired directly into the back of the head), turned up in a field in East Los Angeles.  The Intelligence Division of the Los Angeles Police Department conducted a vigorous probe into the slaying, but couldn’t positively identify Delmont’s killers.

Commenting on the significance of the Delmont case, LAPD Sergeant Peter N. Bagoye, an expert on organized crime, noted: “If any police officer still doubts the existence and power of the Mafia, the Cosa Nostra, or whatever you want to call it, just let him read this case.

“This man Delmont spent a year and traveled thousands of miles to escape the vengeance of the Mafia.  He left a trail of letters and conversations behind-the first known case in which there is any existing blueprint of how the Syndicate works.”

In 1961, after Robert F. Kennedy became Attorney General, the Justice Department mounted the first effective campaign in its history against organized crime.  As part of this effort, the agency began wrestling for the first time with the complex difficulties of creating a protection program for organized crime witnesses.

Robert F. Kennedy

By September, 1963, Kennedy—appearing as a witness during Senate hearings on organized crime and narcotics trafficing—could  cite a number of successes by federal lawmen in safeguarding witnesses.

“How long,” asked Maine Senator Edmund S. Muskie, “can the Justice Department protect people who agree to testify?”

“We have taken steps, Senator, to even move people out of the country,” answered Kennedy.  “We have provided them with positions and work in other cities where nobody will really have any contact with them.  We have arranged to move their families and have their names changed.

“I think we have procedures now where, if an important individual comes forward and is willing to testify, we can give him that kind of protection.”

Such an individual proved to be Joseph Valachi, an aging Cosa Nostra hitman and narcotics trafficker.  In 1962, Valachi was an inmate at Atlanta Federal Prison, serving two concurrent sentences totaling thirty-five years for narcotics trafficking.  His cellmate was Vito Genovese, then the most powerful Mafia boss in the country.

Vito Genovese

Genovese had been convicted of narcotics conspiracy in 1959 and sentenced to fifteen years’ imprisonment.  Now he began suspecting—wrongly—that Valachi was an informer.  The reason: After Valachi’s second trial for narcotics trafficking, he had been repeatedly interviewed—against his will—by federal narcotics agents.

One night, in a scene right out of a B-grade Mafia movie, Genovese summoned Valachi to his cell for a private talk.

“You know,” said Genovese, “we take a barrel of apples.  And in this barrel of apples, there might be a bad apple.  Well, this apple has to be removed.  And if it ain’t removed, it would hurt the rest of the apples.”  Then he gave Valachi the fabled “kiss of death,” signifying that he was now marked for murder.

Valachi survived what he believed were attempts to poison his food and lure him alone into a shower where he could be stabbed to death.   But he knew his luck could not last forever.  He decided to take at least one of his enemies with him.

On June 22, 1963, he beat another inmate to death with an iron pipe.  Only later did he learn that he had killed the wrong man: John Joseph Saupp, a forger without ties to the mob.  It had been Saupp’s bad luck to bear a striking resemblance to another prisoner whom Valachi believed had the contract to kill him.

Valachi grew depressed over having killed the wrong man.  He also knew he couldn’t spend the rest of his life in solitary confinement.  Desperate, he offered himself as an informant to Robert Morgenthau, the New York U.S. Attorney.  Morgenthau, in turn, put him in contact with agents of the Federal Bureau of Narcotics.

The agents quickly transferred Valachi from Atlanta Federal Prison to the first of a series of military bases.  But the sessions between him and the agents went badly.  He still blamed them for his imprisonment in 1960.  And he believed they had deliberately created a rift between him and Geno

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART TWO (OF TEN)

In History, Law, Law Enforcement on June 5, 2013 at 12:00 am

The testimony of Abe “Kid Twist” Reles’ propelled seven Mafia assassins or lieutenants into the electric chair—a feat never before or since equaled.  Among these was Louis “Lepke” Buchalter, whose execution, in 1944, makes him to date the only mob boss to suffer the fullest penalty of the law.

Reles’ career as a witness earned him the hatred of mobsters throughout the nation.  The Mafia put out a $100,000 contract on him and hoped that one of its hitmen proved lucky or skillful enough to collect on it.  But no hitman ever tried, for Reles was too carefully guarded, and the mobsters knew it.

When he wasn’t testifying in court, Reles was quartered in a secured room on the sixth floor of the Half Moon Hotel on Coney Island.  There he dined on thick steaks and cold beers and listened to ballgames on the radio.  Eighteen officers of the NYPD, working in three, eight-hour, six-man shifts, protected him at all times.

Despite these precautions, the witnessing career of Abe “Kid Twist” Reles ended abruptly on November 12, 1941.  Sometime around dawn, Reles “fell” to his death from one of the windows of his sixth-floor room.

Abe Reles in death

The sudden death of the prosecution’s star witness scandalized the NYPD.  Local newspapers questioned the integrity of the officers on the Reles security detail.  Both the police and the Brooklyn District Attorney’s office launched investigations to learn whether Reles had died as the result of an accident—or  murder.

But the NYPD quickly moved to protect itself from blame.  Its final report shifted blame for Reles’ death from his bodyguards to the victim himself.  According to this version: Reles, a “notorious” practical joker, had tied two bedsheets together and slipped out of his window to play a trick on his guards.

He intended to enter a vacant room, just below his own, and then walk back upstairs to surprise his protectors.  Unfortunately, his makeshift rope snapped, and he plunged to his death forty-two feet below.

Two bedsheets, knotted together, were in fact discovered near Reles’ corpse.  That seemed to support the police theory of the rope-ladder escape attempt.  But the police could not explain why Reles had landed twenty feet from the wall.

More than twenty years later, Joseph Valachi, an aging Mafia hitman, became the Justice Department’s own version of Abe Reles.  Before dying—of a heart attack—Valachi offered his own view on what had happened to Reles: “I never met anybody yet who thought Reles went out that window on purpose.”

The next important organized crime witnesses to die while under “protective custody” by local police was Peter La Tempa, a cigar store salesman with rackets connections.

His testimony could have supported that of another witness, Ernest “The Hawk”  Rupollo.   Rupollo’s  testimony  linked  Vito Genovese, one of the nation’s most-feared Mafia bosses, with the murder of a Genovese henchman, Ferdinand Boccia, in 1934.

But La Tempa never got the chance to testify.  On January 15, 1945, he swallowed what he thought were pain-killers for his gallstones.  A New York toxicologist later reported there was enough poison in La Tempa’s bloodstream “to kill eight horses.”  At the time of his death, he was being held under police guard in a Brooklyn jail cell.

The circumstances behind La Tempa’s murder were never satisfactorily explained.  The police claimed they couldn’t determine how poison pills had been substituted for the victim’s regular medication.  Nor was anyone ever indicted—exactly the scenario that had followed the equally mysterious death of Abe Reles.

With La Tempa dead, the testimony of Ernest Rupollo could not be corroborated.  The Brooklyn District Attorney’s office dropped the murder charge it had leveled against him to compel his testimony.  Prosecutors declared him a free man, but the Mafia declared him a hunted one.

For eighteen years, Rupollo somehow eluded his pursuers.  Finally, on August 17, 1964, his bullet-riddled body, weighted with chains and concrete blocks, washed ashore in New York.  Four Mafia figures were later fried for the murder, but were acquitted.

Yet another witness to come forward—and die for it—was Arnold Schuster, a shoe salesman. One night in early 1952, he spotted Willie “The Actor” Sutton, a notorious bank robber, on the New York subway.  Schuster tipped off police, who arrested Sutton.

For several days, the mild-mannered Schuster became a minor celebrity.  Then he became a dead one: on March 8, 1952, two gunmen shot him down on the street.

The murder baffled police; Sutton was known as a loner without ties to killers or organized crime.

More than ten years later, the truth finally emerged.  According to Joseph Valachi, the man responsible for Arnold Schuster’s murder was Albert Anastasia, the former boss of Murder, Inc.

Only the untimely death of Abe Reles had prevented Anastasia’s own in the electric chair.  In 1952, he was still one of the most-feared Mafia chieftains in the nation.

Albert Anastasia

Anastasia had seen Schuster being interviewed on television and had flown into a rage.  “I hate squealers!” he had screamed to three of his executioners who were in the room at the time.  “Hit that guy!”

As Valachi saw it, the killing of Arnold Schuster was simply Anastasia’s way of doing a favor for a fellow criminal, even though he had never met Sutton.

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART ONE (OF TEN)

In History, Law, Law Enforcement on June 4, 2013 at 12:03 am

Witness-protection has a long and bloodstained history–with the blood belonging to early witnesses against the Mafia.

Fortunately, that has since changed.  Today the Witness Security Program, operated by the U.S. Marshals Service for the Justice Department, is the world’s most sophisticated and effective means of protecting organized crime witnesses.

But before there was the Program (otherwise known as WITSEC), witness-security was provided by local police departments.

Abe “Kid Twist” Reles became the first important mobster to betray the secrets of the Mafia—and the first to die for doing so.

Abe Reles

Since his first arrest at sixteen in 1924, Reles had been in almost constant trouble with the law.  His police record listed forty-two arrests, including six for murder.  He had been sent to prison six times.

What his police record failed to disclose was that, for the last ten years, he had been a highly-paid assassin for Murder, Inc., the execution squad of the New York Mafia.

Then, in early 1940, Reles and two of his fellow killers were arrested and indicted for the 1936 gangland slaying of Alex “Red” Alpert.  Now facing almost certain conviction and death in the electric chair, Reles decided to cut a life-saving deal, even if it came at the Mafia’s expense.

On March 31, 1940, more than forty days after his arrest, Reles sent his wife to the office of Brooklyn District Attorney William O’Dwyer.  Her message: “My husband wants an interview with the law.”

The politically-ambitions O’Dwyer ordered Reles’ immediate release from his cell in the Tombs in Manhattan.  Guards then rushed the killer to the office of the district attorney.

There Reles demanded a private interview with O’Dwyer to propose a nonnegotiable deal: he would tell the prosecutors everything they wanted to know about the Mafia.  More importantly, he agreed to testify in court against his fellow mobsters.

In exchange, he demanded the immediate dropping of all charges against him.  He also insisted on immunity from prosecution on the basis of any testimony that he or anyone else might give.  Finally, once his career as a witnesses ended, he must be granted his complete freedom.

O’Dwyer quickly agreed to these conditions.  Then he ordered that his new prize witness be placed under heavy, constant police guard.

Abe Reles opened his confessions with the details of 50 gangland murders.  His photographic memory cited the names of the victims—and their killers.  He also remembered the names of those who had ordered the killings.  And he supplied names of others who could corroborate his testimony.

Altogether, Reles’ first  gush of testimony lasted 12 days and filled 25 stenographic notebooks.

For the first time, prosecutors learned how the Mafia had turned murder into a lucrative, smoothly-operating business.

In 1930, the chiefs of the five most powerful Mafia “families” in New York had created an execution squad to enforce underworld discipline. Its targets were informers and rival mobsters.

Commanding this squad were the dreaded labor racketeers Albert “The Lord High Executioner” Anastasia and Louis “Lepke” Buchalter.

For ten years, the squad’s killers roamed the nation, carrying out perhaps as many as 9,000 executions.  Police were baffled; there didn’t seem any motive for the killings.  The victims lacked any known ties to their killers, and the assassins usually lived far from the scenes of their carnage.

“Lepke” Buchalter not only turned murder into a business, he adopted business terms to serve as an underworld code.  An assignment to murder was a “contract”; a “hit” was the actual murder; and the “bum” or “mark” was the victim.

Each killer was known as a “hitman,” and earned $1,000 to $5,000 per hit.  The amount depended on the status of the victim and the risks involved in his execution.

The killers drew on their own expense accounts and coverage by generous injury insurance and family-care funds.  In the rare event of their arrest, highly-paid attorneys rushed to their defense.  And they could count on their fellow assassins to remove any troublesome prosecution witnesses.

The Mafia not only had its own execution squad; it also ran a “hideout network” for mobsters on the run from the law.  Such fugitives could quickly obtain jobs—and even new identities—through organized crime groups in other cities or states.

If necessary, they could go permanently underground as “legitimate” employees of mob-owned unions or businesses.  As a result, organized crime boasted a “new identities” program vastly superior to anything existing for organized crime witnesses until 1967.

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Business, Self-Help on April 8, 2013 at 1:39 pm

Imagine the following situation:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticket–and your urgent-care appointment is tomorrow.

What do you do? In this case, the stranded passenger called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday. Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine. As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would.

Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses.

Many of them didn’t like the places where they were to be relocated under new identities.  “I’m going to complain to the Attorney General,” some of them would threaten.

St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.”

The witness always backed off.)

Eventually I reached the Chief of Airport Operations.

I outlined what had happened. He didn’t seem very sympathetic. So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him.

No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind. And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy another ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat. She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate.

When the ticket-taking airline official had protested, he had cut her off. The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day. So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • If s/he isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so. But don’t make overt threats.
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

“THE JACKAL” COMES TO L.A.: PART FOUR (END)

In Bureaucracy, Law Enforcement, Politics, Social commentary on February 15, 2013 at 12:05 am

The unprecedented manhunt for cop-killer Christopher Dorner has important–and brutal–lessons to teach.

First, above everyone else, police look out for each other.

Robert Daley bluntly revealed this truth in his 1971 bestseller, Target Blue: An Insider’s View of the N.Y.P.D.  A  police reporter for the New York Times, he served for one year as a deputy police commissioner.

“The murderers of all patrolmen almost invariably were identified at once and caught soon after,” wrote Daley. “Organized crime was too smart to get involved in the type of investigation that followed a cop killing.

“A great many solvable crimes in the city were never solved, because not enough men were assigned to the case, or because those assigned were lazy or hardly cared or got sidetracked.

“But when a cop got killed, no other cop got sidetracked.  Detectives worked on the case night and day….Cops were all ears as far as murdered patrolmen were concerned; they heard details all over the city…and fed all this into the detectives who had the case.

“In effect, the citizen who murdered his wife’s lover was sought by a team of detectives, two men.  But he who killed a cop was sought by 32,000.”

Although Dorner targeted only local police officers, the Federal Government quickly poured resources into the manhunt.  These included the FBI, the U.S. Marshals Service and even unmanned military drones.

Second, don’t expect the police to do for you what they’ll do for one another.

The LAPD assigned security and surveillance details to at least 50 threatened officers and their families.  A typical detail consists of two to five or more guards.  And those guards must be changed every eight to 12 hours.

And those details stayed in place long after Dorner was killed in a firefight on February 12.

That was a lot of manpower and a lot of money being expended.

But if your bullying neighbor threatens to kill you, don’t expect the police to send a guard detail over.  They’ll claim: “We can’t do anything until the guy does something.  If he does, give us a call.”

And if your loved one is murdered, don’t expect the mayor’s office to offer a $1 million reward or the military to deploy drones to find the killer.

Third, the more status and wealth you command, the more likely the police are to address your complaint or solve your case.

Police claim to enforce the law impartially, “without fear or favor.”  But that happens only in TV crime shows.

If you’re rich, your complaint will likely get top priority and the best service the agency can provide.

But if you’re poor or even middle-class without high-level political or police connections, your case will almost certainly wind up in “the round file” (a wastebasket).

And it works the other way, too.  Anthony Bouza, former chief of the Minneapolis Police Department, notes in his 1990 book, The Police Mystique: “When cops deal with the poor (blacks, Hispanics, the homeless and the street people) the rubber of power meets the road of abuse.”

Fourth, don’t expect your police department to operate with the vigor or efficiency of TV police agencies.

“I want this rock [Hawaii] sealed off,” Steve McGarrett (Jack Lord) routinely ordered when pursuing criminals on “Hawaii Five-O.”

Jack Lord as Steve McGarrett

But in San Jose–a city close to bankruptcy–residents can’t get police to respond to break-ins because the police department is dangerously understaffed.

And neighbors in Oakland, fed up with a slow police response, or none at all, are banding together to protect their properties by hiring private security officers.

In San Francisco, if you’re assaulted and can’t give police “a named suspect,” they won’t assign the case.  As far as they’re concerned, the solvability rate is too low.

Fifth, the result of all this can only be increased disrespect for law enforcement from a deservedly–and increasingly–cynical public.

Surveys reveal that those who don’t need to call the police have a higher opinion of their integrity and efficiency than those who are the victims of crime.  Among those reasons:

  • Many police departments lack state-of-the-art crime labs to analyze evidence.
  • Files often get lost or accidentally destroyed.
  • Some officers are lazy, indifferent or incompetent.
  • Police are notoriously competitive, generally refusing to share information with other officers or other police departments–and thus making it easier for criminals to run amok.
  • Even when police “solve” a crime, that simply means making an arrest.  The perpetrator may cop to a lesser offense and serve only a token sentence–or none at all.  Or he might be found not guilty by a judge or jury.

But it is the witnessing of blatant inequities and hypocrisies such as those displayed in the Christopher Dorner manhunt that most damages public support for police at all levels.

When citizens believe police care only about themselves, and lack the ability–or even the will–to protect citizens or avenge their victimization by arresting the perpetrators, that is a deadly blow to law enforcement.

Police depend on citizens for more than crime tips.  They depend upon them to support hiring more cops and  buying state-of-the-art police equipment.  When public support vanishes, so does much of that public funding.

The result can only be a return to the days of the lawless West, where citizens looked only to themselves for protection.