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The Fence - Dick Lehr [169]

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seen Kenny Conley before that day in court surfaced during interviews for this book. Brown’s disclosures debunked the accepted lore of the Conley trial that he had indeed provided an in-court identification, and many lawyers involved in the case—attorneys for Mike Cox and Kenny Conley—were incredulous; in large part, I believe, because to accept Brown’s statements meant admitting they had all overlooked a major flaw in the government’s case; namely, that Brown, contrary to appearances, had in fact never identified Kenny Conley. But Brown’s full story holds up when examined closely, and he certainly had no incentive or motivation to lie. During the book interviews he was facing sentencing in a federal drug case, and his account could only potentially hurt him by angering federal officials.

Finally, some leading members of the Boston bar were astounded that Brown’s effort to alert the FBI about a potential witness/suspect in the beating went unheeded. “This would be explosively important evidence in favor of the defendant [Conley],” said J. W. Carney Jr. “Any federal agent who received this information from a critical witness and intentionally suppressed it by not informing the federal prosecutor is, in my opinion, guilty of obstruction of justice.” Robert A. George, another prominent attorney, said, “That’s a huge, huge error.” He said, “There’s a duty, and not just a legal duty, but a human duty, to put a stop to the trial at that point.” Both said Brown’s statements should have triggered an investigation, but no known inquiry into possible federal misconduct resulted from the new disclosures.

CHAPTER 17: ON HIS OWN

SWORN TESTIMONY AND STATEMENTS BY: Kenny Conley (Cox trial deposition, Dateline NBC, Nov. 2, 1999); Kimberly Cox (Cox trial deposition); Michael Cox (Cox trial deposition, Dateline NBC, Nov. 2, 1999); James Hussey (Cox trial deposition).

INTERVIEWS: James Burgio: Sept. 22, 2006. Kenny Conley: July 16, 2001. Willie Davis: March 30, 2006. Robert Sinsheimer: February 2008 (several). 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. Fran Robinson: March 30, 2006; Dec. 10, 2007. Judge William G. Young: April 6, 2005.

OTHER: Tour of 5 Sutton Street, Dorchester.

RECORDS: Cox trial transcript. Letter dated Aug. 24, 1998, from the attorney for Chris Ruggerio to the Boston Police Department regarding the conduct of James Burgio. Ruggerio v. City of Boston, James Burgio, et al., 00-CV–12320-RCL, U.S. District Court, Boston. Massachusetts bar application of Robert Sinsheimer. Affidavit of Ann Marie Doherty, dated June 11, 1996. Psychiatric evaluation of Michael Cox by Dr. Ronald P. Winfield, dated May 11, 1997. Op-ed article written by Boston police commissioner Paul V. Evans, Boston Globe, June 27, 1996. Editorial, “A Criminal Police Silence,” critical of Commissioner Evans in the Boston Globe, Oct. 10, 1998.

NEWS ARTICLES: Bernstein, David, “$50 million Worth of Mistakes,” Boston Phoenix, Sept. 28, 2004. Dannen, Laura; Liesener, Katie; and Lux, Rachel, “System to Stem Police Perjury Not Implemented,” Boston Globe, Oct. 24, 2005. Doherty, William F., “Internal Affairs Head Gets Transfer: Police Unit Was Target of Criticism,” Boston Globe, Feb. 7, 1998. Farmelant, Scott, “Crossing the Blue Line—‘Code of Silence’ May Be Key in Police Abuse Suit,” Boston Herald, Nov. 22, 1998. Gelzinis, Peter, “Two Hub Cops Get What They Didn’t Deserve,” Boston Herald, Oct. 1, 1998. Murphy, Shelley, “Four Are Disciplined in Beating of Officer,” Boston Globe, Oct. 29, 1998. Murphy, Shelley, “Convicted Cop’s Bitterness Grows; Urges Peers to Own Up to Cox Beating,” Boston Globe, Oct. 29, 1998. Murphy, Shelley, “Beaten Officer’s Lawsuit Merits Trial, Judge Finds,” Boston Globe, Nov. 25, 1998. Vasquez, Daniel, “Witness of Officer’s Beating Is in Hospital After Shooting,” Boston Globe, Sept. 17, 1998. Vasquez, Daniel, “Beaten Officer Says His Dignity Was Taken,” Boston Globe,

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