On May 1, 2008, the Middlesex County Bar
Association celebrated Law Day in its meeting
hall at the old Cambridge Courthouse. The
celebration featured an inspirational speech by
honoree Attorney Victor Garo. The Bar
Association also honored twenty students from
high schools across Massachusetts for their
academic achievements as well as their
contributions to student government, their
community, and the law.
Victor Garo captivated the capacity crowd with
his enthusiastic and often emotional recount of
a 35 year battle to overturn the wrongful murder
conviction and death sentence of his client
Joseph Salvati, and codefendants Peter Limone,
Henry Tameleo, and Louis Greco. Among other
claims, Garo successfully charged that the
United States and various federal and state law
enforcement officers framed Salvati, Limone,
Tameleo, and Greco for the murder of Edward
“Teddy” Deegan on March 12, 1965. Then, in a
most malicious fashion, the same agencies
repeatedly and continuously took affirmative
steps to hide the truth of the bogus convictions
for over 30 years. Garo suggested that the
false convictions and cover ups were a drag-net
style prosecution in which the “ends justified
the means.”
Through unrelenting work Garo revealed that
Deegan had, in fact, been killed by the Federal
Bureau of Investigation’s own informants. These
informants included Vincent “Jimmy” Flemmi and
Joseph “The Animal” Barboza. Hoping to
“develop” Flemmi as an informant, the FBI did
not want Flemmi’s participation in Deegan’s
murder to become known. In fact, the Government
went to such lengths to protect Flemmi that it
not only allowed Barboza to testify falsely
against the innocent defendants at trial, but it
actively suppressed knowledge of his false
testimony repeatedly for 30 years following the
convictions -- parole hearing after parole
hearing. In short, the FBI induced Barboza to
lie, they knew he lied, and they covered it up.
Previously undisclosed records now reveal that
the FBI had precise knowledge of the Deegan
murder even before it was committed. In an
October 19, 1964 FBI Memorandum, FBI agent Paul
Rico wrote that an informant reported that
Flemmi wanted to kill Deegan. In fact, a Boston
Office FBI Memorandum addressed to the Director
of the FBI disclosed an informant’s report that
Flemmi and Barboza had contacted Raymond
Patriarca to get his “OK” to kill Deegan.
In addition, agent Rico wrote a report
transmitted to the Chelsea Police department
indicating that an informant told him on the
very day following Deegan’s murder that Flemmi
confessed to his role in Deegan’s murder,
together with Barboza and three other
individuals (Ronald Casessa, Romeo Martin, and
Roy French). Furthermore, an FBI Memorandum
dated 7 days after Deegan’s murder notes an
informant’s report that Flemmi, Barboza, Casessa,
Martin and French were responsible for murdering
Deegan by shooting him in the head while the six
men were gaining entry to a building during a
“set-up” breaking and entering in Chelsea, MA.
The Chelsea and State Police Departments had
similar reports. But none of that information
was ever revealed either during prosecution or
during the post conviction proceedings of the
innocent men -- including sentencing, appeals
and parole hearings.
Even more compelling, Garo disclosed that FBI
agents Paul Rico and Dennis Condon had met with
Barboza prior to any arrest in the case and
induced him through fear of his life to
cooperate with the FBI investigation, but never
to implicate Flemmi. As a result, Barboza
falsely implicated the innocent Salvati, Limone,
Greco and Tameleo, and even falsely stated that
Greco shot Deegan with a .45 caliber handgun.
Despite specific knowledge to the contrary (from
various informants documented in numerous
memoranda), the FBI continued to develop Barboza
as a witness against the innocent. Barboza
intended to perjure himself, the FBI knew about
it and did nothing to stop it. They induced
it. They assisted it. And, they covered it up.
While the case was tried in State Court and
prosecuted by the Suffolk County District
Attorneys office, the FBI had cultivated it and
nurtured it with the assistance of both State
and Federal agents who knew the charges were
false. In 1970, Barboza even recanted his trial
testimony against the four innocent men.
However, FBI agents even induced him to withdraw
the recantation by promising to arrange his
release from prison for a subsequent crime.
At the United States House Committee on
Government Reform hearings on the issue,
Massachusetts Congressman and former Norfolk
County District Attorney William Delahunt
commented “we don’t have Democracy if we have a
justice system whose integrity is at risk.” At
the House Committee Hearings, Garo stated “the
evidence shows that the government has known
since 1965 that Joe Salvati was innocent…we hope
that this committee will be able to do things
legislatively so that another family will never
have to endure the tragedy and the nightmare
that the Joe Salvati family has had to endure.”
Since the disclosure of evidence, Garo
successfully litigated a wrongful-conviction
case with counsel for the other co-defendants
against the government in Federal District
Court. Federal District Judge Nancy Gertner
awarded a record $101.7 Million Dollar judgment
– the largest judgment ever in a wrongful
conviction case.
Greco and Tameleo died during their wrongful
imprisonment.
Salvati and Limone cherish their lives with
their families.
The balance due is still outstanding.
And justice for all.