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Feds face possible $100 mil. payout for false convictions
Chicago Sun-Times ^ | November 17, 2006 | Jay Lindsay

Posted on 11/17/2006 11:58:07 AM PST by Graybeard58

BOSTON -- Two Boston men spent 30 years in prison for an underworld slaying they did not commit after a judge ruled that the FBI withheld evidence that would have cleared the pair to protect a mob hit man who was serving as an informant.

Now, in a trial that opened Thursday, those men and the families of two others who were wrongfully convicted are seeking damages from the government that could total more than $100 million.

Joseph ''The Animal'' Barboza was a known mob assassin responsible for numerous hits during Boston's gangland wars of the 1960s. He was also so vital to FBI efforts to crack the mob that the agency allowed him to wrongly implicate four men for murder, attorneys for the plaintiffs said in opening statements.

Joseph Salvati and Peter Limone and the families of two other men who died while behind bars accuse the federal government of malicious prosecution, conspiracy and depriving the men's family of companionship.

''It was a rigged game, a charade, a story concocted by Mr. Barboza and assented to by the FBI,'' said attorney Austin McGuigan, who represents Salvati. ''There was no hope the real story in this case would be uncovered.''

The case is the latest development in a scandal that unfolded in Boston about a decade ago, when it was learned that the FBI had a corrupt relationship with the mob, protecting killers who were informants and even tipping them off to pending indictments.

The lawsuit was filed after the Justice Department released documents in 2001 that showed the FBI withheld evidence from state prosecutors that could have cleared the men so the agency could protect an informant who actually committed the crime.

The lawsuit does not ask for a specific dollar award, but briefs filed in the case point to past decisions that have awarded $1 million for each year wrongly imprisoned, which would total more than $100 million in this case.

Justice Department attorney Bridget Lipscomb said federal authorities had no duty to share information with state prosecutors, and cannot be liable for the results of a separate state investigation. She also noted the four men had access to some FBI information, as well as top-notch attorneys who raised doubts about Barboza's testimony at their trial.


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: fbi; fbicrimes

1 posted on 11/17/2006 11:58:07 AM PST by Graybeard58
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To: Graybeard58

It'll be a tough suit to win, but I hope they do. In a just world, the money to pay them off would come out of the pockets of the informant, the FBI, and the state prosecutors if they in fact knew about this set up.


2 posted on 11/17/2006 12:04:42 PM PST by JamesP81 (Rights must be enforced; rights that you're not allowed to enforce are rights that you don't have.)
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To: Graybeard58
Justice Department attorney Bridget Lipscomb said federal authorities had no duty to share information with state prosecutors, and cannot be liable for the results of a separate state investigation.
This is bunk. They knew who actually committed the murder and just let these guys take the fall for it. They should fry the agents involved.
3 posted on 11/17/2006 12:08:07 PM PST by microgood
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To: microgood; JamesP81

I watched a special on tv about this about 6 months ago and it appeared that even Hoover knew what was going on and approved it.

If this is proven they should remove Hoover's name from the FBI building in D.C. that is named for him.


4 posted on 11/17/2006 12:11:49 PM PST by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58

A million a year, plus every agent that knew about it gets life in prison. That's what should be done.


5 posted on 11/17/2006 12:14:25 PM PST by mysterio
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To: mysterio
One thing though - I believe the wrongly-convicted were working directly for the mob. You run with the wrong crowd, you might just suffer the consequences.

Not saying they should have spent time for crimes they didn't commit, but you know...

6 posted on 11/17/2006 1:35:34 PM PST by scan59 (No matter where you go, there you are.)
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To: Graybeard58; JamesP81; microgood; mysterio; scan59
More on this dreadful scandal
7 posted on 11/17/2006 1:38:05 PM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Enterprise

Thanks for the link. This should be heavily publicized as a warning about mis use of power in high places.

I couldn't care less if Hoover was a drag queen or a homo but crap like this is beyond shameful.


8 posted on 11/17/2006 4:36:43 PM PST by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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