Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

ONCE AGAIN, THE BOSTON CRIMINAL LAWYER BLOG ASKS, “WHO WATCHES THE WATCHERS?” (Part One)

In my last blog, I mentioned that we had an exclusive to reveal. At first, it may seem as though it has little to do with the criminal justice system. That, however, would be incorrect. I think the story to which it relates has a great deal to do with those who are supposed to be helping the blind lady hold the scales of Justice.

On Tuesday, April 17, 2012, every member of the Senate and House Judiciary Committee received a little gift. The gift contained a copy of the book Mary’s Mosaic: The CIA Conspiracy to Murder John F. Kennedy, Mary Pinchot Meyer, and Their Vision of World Peace by Peter Janney as well as a letter from Tony Lyons, the President Skyhorse Publishing, which published the book. The book is one which should and would, but for our complacency as a nation, prompt, severe and painstaking revisiting of our government and our “watchers”.

That sounds somber and too thought-provoking, especially in an election year, so, of course, that is not likely to happen. I am not running for public office, though, so I will bring the subject matter up to your attention and explain why it matters to you.

The letter contained a plea to the above recipients, as well as Attorney General Eric H. Holder, Jr., FBI Director Robert S. Mueller III and U.S. Attorney for the District of Columbia Ronald C. Machen, Jr. to open hearings regarding the 1964 murder case of Mary Pinchot Meyer.

The name of Mary Pinchot Meyer may, or may not, be familiar to you. She was a Washington artist who was also a mistress and confidante of the late President John F. Kennedy. This fact had already been established by previous publications. However, for reasons which are discoverable in the book, Mr. Janney was in a unique position to know Ms. Meyer and learn about the secrets behind her murder.

A murder, Janney’s evidence reveals, that was closely related to the murder of President Kennedy.

In fact, the painstakingly and detailed research reveals compellingly strong evidence that demonstrates the role of the CIA played in the 1964 murder of Ms. Meyer. Janney also demonstrates that Ms. was “terminated” by the CIA because of her intention to reveal what she knew about the role the Agency played in the assassination of President Kennedy in Dallas eleven months earlier.

She was also about to debunk the results of the Warren Commission Report regarding the assassination and reveal , and subsequent cover- up that was then taking place.

Attorney Sam’s Take On The Presumption Of Honesty Of Our Law Enforcement Leaders

“Sam…not another book about the Kennedy assassination!”


Well, the book goes much further than that and I would argue that it has a new perspective and presents some evidence previously unknown…but, yes.

“What could that possibly have to do with me and with law enforcement in Massachusetts in 2012, almost 50 years later?”

Plenty. Let’s turn real local and real recent. Not so long ago, I told you about Detective Derek Johnson. Detective Johnson was found to have stolen thousands of dollars from the Boston Police Department’s evidence locker. So strong was the evidence against him, that Detective Johnson made an allegedly full confession.

Now, we have discussed cases involving theft before. In this case, it was a felony which had occurred. The charge would be Grand Larceny.

“Would be?”

Why, yes, because no charges ever came.

You see, while if you, I or just about anyone else had been discovered to have committed such thefts…even putting aside that, in doing so, we were betraying the oaths of law enforcement, we would be pulled into the station, asked to give a statement, and then promptly arrested. Any further talk would be had later…after arraignment…and we would probably be discussing a disposition in terms of years.

But not Detective Johnson. He was not even charged with a crime. In fact, he was not even fired! To get the details on this matter check out my blog on the scandal or a television news report on the matter by Channel 7 which you can find here.

In short, Detective Johnson was told to admit to what he had done and tell the limits of what he had done and who else was involved. In return, he would be allowed to retire.

So, he explained that he had acted alone and that what they had found out was the extent to which the thefts went.

And the Commonwealth took him at his word! Now, this Boston criminal attorney has been around the trenches, on both sides of the aisle for over one quarter century. I have not yet seen a case where law enforcement is so eager to give the benefit of the doubt.

I imagine a skit on something like Saturday Night Live

Officer: Ok, we have the video tape and finger prints proving that you committed Robberies one and two…where you were posted as security. We want to know if you committed any other robberies at other places you worked. We also want to know if you acted alone or with a friend.

Perp: Uhhhh…why should I make such a statement?

Officer: Well, if you tell us what we want to know, you get off scot free. Otherwise, you are looking at criminal prosecution, getting fired, etc.

Perp: ok…..I acted alone and, nope, I didn’t do anything else wrong.

Officer: Oh. Ok. Hey! Should we believe you?

Perp: Why would I lie? Besides, just because I betrayed my oath and secretly am a thief doesn’t mean I am a liar!

Officer: Hm. Makes sense to me! You go on home now and…hey…you keep out of trouble now, ok?”

Perp: You got it, man!

Well, we got the punch line to go along with that sketch this week. Guess what? More evidence is now missing from the evidence storage. This time it is drugs.

The drugs were from a particular drug case and are now missing.

The Commonwealth’s spokesman has announced that “The Boston Police Department is taking every appropriate investigative measure to reconcile that discrepancy. Those findings will determine if other investigative steps will be necessary.”

By the way, if you will recall, new evidence storage procedures were set up after another unfortunate discovery in 2008. In that matter, it was found that drugs, including heroin, cocaine, and marijuana — were stolen or were missing from 265 cases. Most of the drugs stolen were prescription pills, mainly oxycodone.

By the way, law enforcement brought no charges or internal discipline in that one either…after an alleged three years of investigation.

These, of course are simply three incidents which happened to be investigated, found out and reported to the media.

Think there could be any other instances of it? Do you see any incentive for anyone not to try their luck at it?

“So, what are we to take away from this, Sam? Distrust all police officers?”

Nope. That is not the message to you.

But to get to the message I am trying to relate to you…check out my next blog.

To read the article upon which this blog was based, other than those linked above, please go to http://www.boston.com/Boston/metrodesk/2012/04/boston-police-investigate-after-drug-evidence-found-missing-from-secure-storage/VB3E7zQmrx2DukYzKUwj8L/index.html

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