The Fence - Dick Lehr [168]
CHAPTER 15: THE PERJURY TRAP AND CHAPTER 16: A FEDERAL MISCARRIAGE OF JUSTICE
SWORN TESTIMONY AND STATEMENTS BY: Michael Cox (Cox trial deposition); Robert Brown III (Federal GJ); Ann Marie Doherty (Cox trial deposition); Richard Walker (Cox IAD, Cox ACU, Federal GJ).
INTERVIEWS: Robert Brown III in the Cumberland County Jail, Portland, Maine: March 8, 2006; March 9, 2006; April 3, 2006; July 25, 2006; May 25, 2007. Mattie Brown: April 14, 2006; Sept. 28, 2006; April 18, 2007; Jan. 20, 2008. James Burgio: Sept. 22, 2006. Kenny Conley: July 5, 2001; July 6, 2001; July 11, 2001; July 16, 2001; Oct. 11, 2005; Nov. 4, 2005; Jan. 19, 2007; Feb. 19, 2007; March 27, 2007. Jennifer Conley: July 11, 2001. Kris Conley Cox: several e-mail exchanges. Michael Cox: Feb. 19, 2006; March 12, 2006; Oct. 15, 2006; April 6, 2008. Willie Davis: March 30, 2006. Bobby Dwan: Dec. 31, 2005; Dec. 5, 2006. Ted Merritt: Aug. 22, 2001. Indira Pierce: May 7, 2006. Fran Robinson: March 30, 2006; several e-mail exchanges. Robert Sheketoff: Nov. 13, 1997; Dec. 14, 2005; Dec. 30, 2005; March 17, 2006. Prof. Daniel Simons: July 17, 2001; July 20, 2001.
OTHER: Simons and Chabris, “Gorillas in Our Midst.”
RECORDS: Conley trial transcript. Massachusetts bar application of Willie J. Davis. Affidavit by Fran Robinson regarding the arrest of Kenny Conley at FBI headquarters in Boston. Multiple appellate briefs filed by Saul Pilchin and Robert Bennett on behalf of Kenny Conley. Multiple briefs filed by Ted Merritt and other federal prosecutors in connection with the Conley case. FBI Form 302, dated March 31, 1997, by agent Kimberly McAllister regarding her interview with Kenny Conley. FBI Form 302 report by agent Kimberly McAllister regarding her dealings with Richard Walker. Multiple judicial rulings in the Conley case. July 29, 1997, letter by Ted Merritt to Willie Davis regarding indictment of Kenny Conley. Copies of the tickets and fliers for the Ken Conley time at the Florian Hall. Suffolk County Property and Deed Records: property information for the Cox home at Rundel Park in Dorchester.
NEWS ARTICLES: “Narcotics Agents Nab Three in Boston,” Boston Globe, Jan. 16, 1970. Carroll, Matt, “Witness Says Officer Nearby During Police Beating,” Boston Globe, June 6, 1998. Carroll, Matt. “Boston Officer Is Convicted of Lying in Police Beating,” Boston Globe, June 11, 1998. Cavaan, Azell Murphy, “Cop Found Guilty of Perjury,” Boston Herald, June 11, 1998. Doherty, William F., “Willie Davis Resigns as US Magistrate, to Defend Cleaver,” Boston Globe, Jan. 25, 1976. Ford, Beverly, “Boston Officer Sues Fellow Cop for Alleged Perjury over Beating,” Boston Herald, Feb. 4, 1998. Gladwell, Malcolm, “Wrong Turn: How the Fight to Make America’s Highways Safer Went off Course,” New Yorker, June 11, 2001. Lehr, Dick, “The Case for Kenny Conley,” Boston Globe Sunday Magazine, Sept. 23, 2001. Lehr, Dick, “Witness in ’95 Brutality Case Offers New Account,” Boston Globe, Sept. 17, 2006. Ranalli, Ralph, “Officer Sentenced for Perjury in Cop-Beating Case,” Boston Herald, Sept. 30, 1998.
NOTES: Several additional points about Smut Brown seeing the “tall, white cop” from the fence in the hallway of federal court during the Conley trial. First, FBI agent Kimberly McAllister disputes the account given by Smut, his mother, and Indira Pierce. In several telephone conversations with McAllister and a Boston FBI spokeswoman, McAllister initially denied ever having spoken with Smut Brown in the hallway during a recess in the trial. She later amended her position, saying she recalled an encounter but that Smut Brown never pointed out someone else (not Kenny Conley) as the man standing next to the Cox beating at the fence. Had Brown done that, she said, she immediately would have notified federal prosecutors.
Second, Brown’s account of never having