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READING ROOM  

Law and Justice 
In Everyday Life 

Andy Thibault
Introduction by 
Howard Zinn


Introduction

By HOWARD ZINN

I must confess that Andy Thibault was a student of mine decades ago. A teacher always wonders how his students have turned out. He is one of those I am most proud of.

I hadn’t heard from him in years, was vaguely aware that he was doing news reporting somewhere in Connecticut. Then he began sending me the columns he was writing, and I recognized that this was very far from run-of-the-mill journalism.

Reading Andy Thibault reminded me of the heroes of my youth, the great muckrakers of the early 20th century. There was Lincoln Steffens, whose “Autobiography” I devoured, and whose “Shame of the Cities,” published in 1904, exposed the corruption in the political leadership of Chicago, New York, Minneapolis, St. Louis, Pittsburgh and Philadelphia. Of this corruption, he wrote: “This is not a temporary evil, not an accidental wickedness, not a passing symptom of the youth of a people.” Rather, it was inherent in the relations between big business and politics.

There were always, of course, radicals and reformers who published their own newspapers in order to be free to say what they wanted. One thinks of William Lloyd Garrison’s “The Liberator,” heralding the rise of the anti-slavery movement. And, in the late 19th century, “John Swinton’s Paper,” in which Swinton wrote of the conditions of working people and of the struggles of labor unions. In mid-20th century, there was “I.F.Stone’s Weekly,” challenging McCarthyism and the war in Vietnam.

But I was especially admiring of journalists who worked for established  newspapers and dared to tackle issues and arouse controversy outside the boundaries of editorial orthodoxy. There was the great Heywood Broun, writing for the New York “World,” and defending the anarchists Sacco and Vanzetti in a biting denunciation of the important people of Massachusetts who had approved their death sentence, including the governor, and the presidents of Harvard and M.I.T. He wrote: “From now on, I want to know, will the institution of learning in Cambridge which once we called Harvard be known as Hangman’s House?”

Andy Thibault’s columns made me think of Heywood Broun and his willingness to risk his job to speak his mind, passionately, eloquently.

Like all the great journalists,  Andy does not pretend to that spurious idea called “objectivity.” Is not “objectivity” made impossible by the necessity to select a subject out of an infinite set of possibilities, and then to select those facts one considers important out of the huge array of facts that pertain to any situation? The strenuous effort to be “objective” robs the writer of his power and the reader of the opportunity to see the reporter’s moral philosophy laid bare, in all its honesty.

The veteran journalists and historians of journalism, Judith and William Serrin, have written (MUCKRAKING, The New Press, 2002): “Journalists wear disguises, and one of them is the disguise of objectivity ... All good journalists have agendas. They wish to put the crooked sheriff in jail. They wish to unveil the patent medicine fraud. They wish to free the innocent man from jail.”

Mary Heaton Vorse, after reporting on the strike of the mill workers in Lawrence, Massachusetts, explained why she would turn from her ambition to write novels to journalism: “I could try to make other people see what I had seen, feel what I had felt. I wanted to make others as angry as I was. I wanted to see wages go up and the babies’ death rate go down.”

Andy Thibault wants to stop judicial cruelty and police brutality and political hysteria which puts innocent people in prison. His writing gets its force from his profound commitment to people who are victims of injustice. He is unafraid to point to  the F.B.I, the Justice Department,  ambitious district attorneys,  malevolent judges, and a craven Congress that passes legislation destructive of the Bill of Rights.

What you will find in these pages is a journalistic courage rare in these times when too many columnists, TV anchors, and talk-show hosts rush to show their support of official policy, in the mistaken notion that patriotism means blind obedience to government.

Andy Thibault understands what true patriotism is – love of country, defense of its people, respect for the principles of the Declaration of Independence, the notion that all human beings, citizens and non-citizens, rich and poor, of whatever color and religion, have an equal right to life, liberty, and the pursuit of happiness.

He defends free speech and the rights of the mistreated with meticulous concern for the facts, and in a style that is refreshingly open, crystal-clear, and brimming with life. His investigative skills might cause Sherlock Holmes to phone him for advice.

Yes, I am proud that he was once my student. All of us who cherish justice should be grateful for his presence in the world.

Howard Zinn is the author of numerous books including The Politics Of History and A People’s History Of The United States. Even though Zinn has lived a life of direct action – including work with the Student Nonviolent Coordinating Committee in the 1960s and bringing back the first POWs from Vietnam he is still Professor emeritus of Political Science at Boston University.

Table of Contents

1. Cover-Up In New London

Hit-And-Run Continues To Mock Justice
Showalter Cover-Up Is New London's Shame
Cold Case On Ice Forever

2. At Large In Stamford And Darien

Time To Find Pellicci's Killer
Bateman Killer Still Walks

3. Convicted

Skakel On Skakel: Wild, Horny And Frustrated

4. The Politics Of Justice

Lessons Of Sacco & Vanzetti
Why We Need More Judges Like Dannehy
Where Have You Gone, Austin McGuigan?
Free The Oppressed, Exploited Judges
All Rise For Judge Bobby Knight
The Politics Of Connecticut Justice
The Bench Protection Association
Time To Reform The JRC
JRC: No Apologies Here
Bully In A Small Playground
Are You Sure You Want Your File Back?
Concerted Refusal To Render Services
George W. "Hillary" Bush: Stonewaller
USA Patriot Act Casualties
Banks Make A Killing On IOLTA
This Land's Not Your Land
Feds, Commonwealth Owe Salvati
Police Chief From Another Planet
Cry Violence, Use TRO Wedge
The SJC's 45-Cent Decision
Is Peter Reilly Pulling An O.J?
Advocates In Search Of A Cause
Conspiracy Of Lies Finally Unmasked
Court's Cruel And Deprave Sophistry
Lee Report On Foster Startling
Lee Notes Limits Of Foster Probe

5. Citizens On Their Own

Dial 911 For Harassment?
Cowboy Cop Union And Its Pols
Whistleblower Doctrine Tested
Renegade Cops Culpable In Shooting

6. Civil Rights And Freedom Of Speech

Reluctant Library Cops
File Those Title IX Complaints
Enclave Of Totalitarianism
Wrong On Education, Wrong On Law
We, The People, And John Simon
Jay Bergman: Academic Freedom Fighter
Punitive Bail And Free Speech
Our Version Of Dimpled Chads
Alice In Wonderland On Crack
White Bread School Dumps Black AD
D-Minus On School Integration
Won't You Please Shut Up?
Big Chill At University Paper

7. Cops And Perps

The King Of NW Connecticut
Zeff's Tapes And Treasurer's Scandal
Transcript WTIC Morning Show, Oct. 13, 2000
The Other Side Of The Coin
Classic Wrong Vampire Stories
Transcript, WTIC Morning Show, Aug. 14, 2001
Scammer Pushes Wrong Button
More Bizarre Than A Serial Killer
EED: Ride Away To Prey Again

8. Art And Politics

The Life Of The Poet
Justice For El Bardo The Legend
There's Something About Marilyn
Who's That Lady?

9. Interesting People I Have Met

The Judge Who Could Not Rule
The Surrogate Sons Of F. Mac Buckley
Everyman Up From The Foxhole
Lady Brickload And The Pretenders
Black Santa: Back Of The Bus
Lone Ranger Lands In East Timor
Lethal Coconuts And U.N. Peacekeeping
School Daze, Then And Now

10. On The Job

The Pride Of Connecticut
From Florida To Ground Zero
Dispatch Madhouse Failed Aselton
Politically-Correct Pinheads

11. For The People

Sedensky: A Stand-Up Prosecutor
In Abuse Case, Both Sides Fought Well
Woody, Mia And Frank Maco

12. For The Defense

How Good Is Richard Bieder?
Defending The Indefensible
Ganim Prepares For Battle
Richard Meehan's Mission Impossible
Titans Battle In Murder For Hire
Keep A Watchful Eye On The Government

APPENDIX

The Showalter Chronology: A Four-Year Search For Justice
The Dannehy Grand Jury Report
Statement From Mrs. Showalter

About The Author

Order Form

Chapter 1

Cover-Up In New London
Hit-And-Run Continues To Mock Justice

Sept. 4, 2000

If Connecticut Chief State’s Attorney John Bailey wants to bring closure to cold cases, here’s one from New London that should top the list: The Showalter hit-and-run cover-up is a dark chapter in Connecticut history, a tale more appropriate for a Third World country.

And yet, only one thing bothers former New London County State’s Attorney C. Robert Satti about the Showalter case: that it was investigated at all.

Satti, now retired, made the point again and again, most recently this year. Satti’s complaint, made during the wake of the late state police Detective George Ryalls, was that Ryalls’ obituary mentioned the suspect the prosecutor refused to pursue in the Showalter probe.

Kevin B. Showalter, a 20-year-old Mitchell College student, was killed at 11:12 p.m. on Christmas Eve 1973. He was changing a tire on a well-lit section of Pequot Avenue on the New London shoreline when he was struck and killed. His girlfriend, sitting only 6 feet away on a stone wall, claims she saw nothing.

Auto body putty from the death car disappeared after a tow truck driver gave it to New London police. The evidence file that was supposed to contain the putty was stuffed with bathroom tiles. The file that was supposed to contain headlight glass from the death car instead contained glass from three different headlights. State police and others suspected that, in order to throw legitimate investigators off the trail, the late young man's clothing was pounded on a different-colored car than the one that killed him.

The victim's mother, Lucille M. Showalter, tried to get a grand jury investigation of the cover-up. She was rebuffed repeatedly by the presiding judge, Angelo Santaniello who, it later became clear, was best friends with the leading suspect. Santaniello then referred Showalter to prosecutor Satti, who happened to be his former law partner. Satti refused to acknowledge registered letters from Mrs. Showalter pleading for a grand jury probe.

Satti did finally meet with Mrs. Showalter in 1978, after Judge Joseph Dannehy of Willimantic, acting as a one-man grand jury, named former New London Mayor Harvey N. Mallove as the probable driver of the hit-run vehicle. Satti called the three-hour meeting, in which he repeatedly told Mrs. Showalter that there never should have been a grand jury investigation under Dannehy.

Mallove held a good hand; he had the best legal muscle in New London County on his side. New London police would not question him for more than seven months, and then only in a perfunctory manner. They would say they inspected his cars, but they did not. Significantly, Mallove’s Lincoln had been repaired, but it wasn’t until state police took over the case four years after the accident that the fender was finally seized.

Santaniello would arrange for a coroner’s inquest and put his niece in charge of typing the transcript. Only after two years of intense public pressure would the transcript be typed. But the inquest never issued a finding.

Santaniello tipped off Mallove that he was a suspect. The judge was also aware of what local police knew about the case. Mrs. Showalter memorialized the admissions in tape-recorded telephone conversations.

“I did talk to Harvey,” Santaniello told Mrs. Showalter on Oct. 17, 1975, “and I said, `You’re suspected.’ As a matter of fact, at that time a police officer came to him on the same day or the next day, and told him you were making accusations about him and that he was a prime suspect.” The day before, Mallove told Mrs. Showalter, “Judge Santaniello is of the opinion that you fingered me.”

It was not until 1977 that state police, who took over the case at the behest of former Gov. Ella Grasso, formally named Mallove a suspect. Next week, I'll propose a means to solve the Showalter cover-up.

Showalter Cover-Up Is New London's Shame

Sept. 11, 2000

New London, where I grew up and began working in the 1960s and ‘70s, was a dirty little city with character.

It had a restaurant called the Hygienic that was everything but. There were at least a couple bars where the cops couldn't do anything, except maybe a little business.

The top pimp in town never went to jail until he was about 60 and a certain court official retired.

New London will always be the city that tried to cover up the Christmas Eve 1973 hit-and-run death of Kevin B. Showalter. It's been doing a pretty good job for nearly 27 years, but the onion is beginning to peel.

The local daily newspaper admitted in its official history published this year  that it did a shoddy job on the Showalter case. Specifically, The Day admitted its failure to explore the relationship between a former mayor and a top judge, and their influence on the course of the criminal investigation. That’s a beginning.

Political and police corruption goes back a couple generations in New London. By the 1970s, New London police were widely known to be involved in the selling of women, dope and refrigerators, among other things. A federal grand jury took note. But as with the Showalter case, there were these little problems with the evidence.

A jewelry store owner and former city mayor multi-millionaire Harvey Mallove was the prime suspect in the hit-and-run death of Showalter, a student at Mitchell College. Showalter’s date that night, Christmas Eve 1973, said she saw nothing from her vantage point six feet away, sitting on a stone wall under a streetlight on a residential street as a young man changed the tire of her car.

Harvey was everybody’s pal. He would take kids to the Super Bowl, then, down the road, get them jobs as cops. He was friends with bums in the street and bums in high political office. He was wired. The standing joke among reporters became: Harvey's a great guy to have a beer with, just don't change your tire if he's driving by.

“I didn't kill the kid in any way, shape or form,” Harvey told me many times. As mayor, Harvey helped hire a few police chiefs. His best friend was the administrative judge for the county; that was the judge who controlled the early stages of the investigation, specifically a coroner’s inquest that never issued a finding.

State police followed up a report that Mallove’s best friend, County Administrative Judge Angelo G. Santaniello, was with Mallove on Christmas Eve 1973. Santaniello reportedly was No. 11 on a guest list for a party at the home of his political mentor, the late state Sen. Peter Mariani. The Mariani party was one of two Mallove attended that night.

Santaniello told reporters he never went out on Christmas Eve.

Another state judge, Joseph F. Dannehy, conducted two grand jury investigations. In 1978, Dannehy named Mallove as the probable driver of the hit-run vehicle, but said evidence that might have ensured conviction was either mishandled or destroyed.

Mallove died a few years ago with this legacy. Others still have time to come clean and tell the truth about the cover-up. Mrs. Showalter tried unsuccessfully to have Satti, Santaniello and others prosecuted for hindrance of prosecution (CGS Section 53a-166) warning of impending discovery, providing means of avoiding discovery, preventing discovery by deception. Because a conspiracy to hinder prosecution is an ongoing crime, those with information could tell Chief State's Attorney John Bailey, who has begun an initiative to solve some of the state's cold homicide cases.

Isn’t it time? No one kept the system honest when it counted, though some tried. Most stood by as the system that was supposed to protect the victim and his family betrayed them all.

Where is the conscience of the community?

Cold Case On Ice Forever

Nov. 6, 2000

   One way to deflect attention from a suspect is to get investigators involved in meaningless, time-consuming tasks. Another way is to create a bogus suspect who is then exposed as such, causing a belief that the case is just too hazy to pursue.

   Both of these devices were used repeatedly in the cover-up of the Showalter hit-run case in New London. Whether this was happenstance, indifference, incompetence or malfeasance, the result was the same. The system failed.

   And now, it seems, the truth will remain buried forever.

   Judge Joseph F. Dannehy, the grand juror who investigated the case, wrote in his finding of fact: “After December 25, 1973, the New London Police Department did virtually nothing to solve the hit-run death of Kevin B. Showalter.” The accident occurred the night before.

   Local police and court officials, however, were pro-active in another sense. Their actions served to protect the assailant.

   For example, New London police claimed it would cost as much as $1,200 to trace vehicles using data from the state Motor Vehicle Department. The motor vehicle department declared there was no such charge.

   Nevertheless, New London police spent their time hand-sorting local motor vehicle cards. They looked for a green Chrysler. That was likely a false lead; state police said paint particles found on the victim's clothing did not come from the car that killed him.

   Former Mayor Harvey Mallove began meeting informally with police and court officials as early as Dec. 25, 1973. Mallove wanted to know what the police knew.

   The only lead after two and a half years was quashed by then New London Common Pleas Court Prosecutor Harold Dean in May 1976. The lead was a letter of confession written by a Somers prison inmate to the victim’s mother, Lucille Showalter.

   “I told Harold how important that was to me,” Mallove, the prime suspect, confided to an associate. He also acknowledged discussing the purported confession with his best friend, the presiding judge for the county, Angelo Santaniello.

   The author of the letter was known to be connected with “fences,” or purveyors of stolen goods in the New London area. State police arrested him for harassment of Mrs. Showalter. Two state troopers met with Dean for an hour. They told him the letter contained possibly significant information. State police also believed they could connect the dots in New London between the letter writer and the powers-that-be. Did he owe some favors? Was he paid? Police knew the author had no liability for the accident; he was actually in Florida at the time of the hit-run.

   Dean nolled and dismissed the case without telling the troopers or Mallove. Soon thereafter, state police listed the killing of Showalter as “closed pending further development.” Upon learning of Dean's action, Chief State's Attorney Joseph Gormley remarked he had “no idea” why the lead, “which very well could have led to something,” resulted in a dead end. The case would remain closed for six months, until Gov. Ella Grasso brought the matter to Justice John Cotter.

   Was there criminal activity connected with the Showalter cover-up? It appears we will never know for certain. Dannehy named Mallove as the probable driver, noting that evidence which might have ensured conviction was destroyed. The Chief State’s Attorney’s Office reviewed aspects of the case this fall after a series of columns appeared in The Law Tribune. However, the statute of limitations for the most likely potential charge, conspiracy to hinder prosecution of motor vehicle misconduct, has expired. This shameful case, it appears, is destined to stay on ice forever.

Chapter 2

At Large In Stamford and Darien
Time to Find Pellicci’s Killer

November 20, 2000

The Joseph Pellicci murder case will be easier to solve now than it was 27 years ago.

Why? Stamford, Conn., now has a modernized, corruption-free police force and strong leadership. All it's lacking is the force of will to finally close this case.

Pellicci, partner in a popular Stamford restaurant whose clientele has included Joe Dimaggio, Tony Bennett, Howard Cosell, Nancy Sinatra, Danny Glover and Walter Cronkite, was shot twice in the head and once in the body in February 1973. He was found wrapped in a blanket, his hands tied with a cord.

The blanket and the cord have been linked to the prime suspect, who is still alive. A witness gave police a partial identification of the initials on the suspect's license plate. This is a murder that has enough evidence to go forward. But it's still stalled.

There are many reasons, known and unknown, why this case has languished for so many years. On at least two occasions, police believed they had solved the case and were ready to make an arrest. Cops who worked on the case were puzzled about why they could not bring it to the next level.

To understand why the case did not close almost immediately, we must go back to the darkest era in the history of the Stamford Police Department the decade of the 1970s.

The lead detective on the Pellicci case, Larry Hogan, was in the process of becoming a consummate shakedown artist and agent of the Gambino organized crime family, as detailed in news stories by Tony Dolan, who won a Pulitzer Prize for his expose of mob influence in Stamford.

One of Hogan's top men, Sgt. Duke Morris, ran narcotics. By this, I mean he sold drugs out of the police station and arrested the competition.

“Duke was a very capable guy,” one Stamford police officer said.

Morris became a suspect in as many as five murders. His specialty was said to be two bullets from a .22 behind the ear. After being arrested, Morris died in a shootout with other drug dealers in New York.

Hogan died of cancer before he could go to trial.

Essentially, Stamford police in the 1970s were too busy running their own rackets, including burglary rings and gun-running to Northern Ireland, to solve many crimes.

The Pellicci case was one lost in that corrupt and inept era. The investigation would be marred by lost evidence and failure to pursue leads. For example, dog hairs were found on the blanket and the victim and in the suspect’s car. They were not retrieved. Witnesses were threatened with impunity.

And on a cold February day in 1973, the suspect drove his car the one identified by a witness through a car wash with the windows open. The day before, the suspect had washed his car at home. Police have never publicly identified the suspect.

A bust of Joseph Pellicci, sculpted by his brother, Anthony, who runs the restaurant today, is mounted by the entrance to the dining room. The inscription reads, “Those of us who remember Joe remember him with a loving smile for his friends and all children.”

  “We want people to know that he was a good person, a nice person, whom we all loved,” Anthony Pellicci said. The unresolved case is like an open sore for the family. Like any family, the Pelliccis want resolution and closure.

Today’s Stamford Police Department is led by a former New York prosecutor, Dean Esserman. In the late 1970s, a reform chief took over, and the bad apples retired or were arrested.

Officers from Stamford and other jurisdictions have shared information over the years in hopes of closing the Joseph Pellicci case with an arrest, but for reasons still unexplained, nothing more has ever come of the case.

It’s time for Esserman to show what his department is truly made of. It's time to re-activate the Pellicci investigation.    

Bateman Killer Still Walks

Jan. 8, 2001  

A key figure in the murder of Darien police officer Kenneth Bateman has escaped many close calls over the years, but Chief Hugh McManus remains confident that the case will be solved.

It is the only unsolved killing of a Connecticut police officer in more than 50 years.

Bateman, 34, fired six shots at his assailants after taking a bullet in the throat on Memorial Day, 1981. Two witnesses reported seeing a heavyset man running away.

The lucky man, call him Anthony, is described by associates as short, hefty and a would-be tough guy who hangs out with real tough guys.

Back in the days of wide-open, illegal gambling in Fairfield County, Anthony spent part of his time sticking up card games and rolling bagmen. In one game on East Main Street in Stamford, the take for Anthony was in the neighborhood of $86,000. This was not appreciated by the overseers of the card games, in particular Frank Piccolo of Bridgeport, a captain in the Gambino crime family.

Piccolo dispatched one of his enforcers, Jimmy Mondo, to teach Anthony a lesson. Mondo made the mistake of walking in front of Anthony’s car. A construction worker told patrol officers that a man had been run over and suffered a broken leg. He even gave police the license plate of the offending vehicle.

Stunned, patrol officers asked the man how he got the license number. A cop gave it to him, the man said, and immediately ran away from the crime scene because he knew who was involved.

Anthony's father, who had friends in New York, paid the debt and all was forgotten, if not forgiven. We're not sure how Mondo fared after the broken leg and botched assignment.

Within days of the Bateman killing, Anthony told his girl friend and at least two of her relatives: “The job went sour. I had to kill a cop.” Darien police were made aware of the details.

Others in Anthony's loosely-knit crew included a guy named “Pete the Weasel” and a man considered the weak link who was found dead by a dumpster on Stamford's East Side. A fourth man, feared as a legitimate tough guy, was believed to have been the driver.

When not at a job, Anthony and Co. would spend time at a Stamford bar called Sea Beach where they would openly discuss some of their activities.

Darien and state police found burglar tools and $2,000 that was stolen and dropped as the burglars fled the Duchess, a fast food spot on the Post Road near Interstate-95 on May 30, 1981.

State troopers assisted Darien police again in 1999, but the case still needs a break.

“We need the necessary amount of evidence to obtain an arrest warrant and gain a conviction,” Chief McManus told The Law Tribune during an interview on Christmas weekend. “Kenny was an outstanding officer with a promising future. His great loss is still felt in town, and we remain optimistic that this case will be resolved.”

Bateman’s widow still lives in town and is a teacher. Around the time of his death they had planned to start a family.

Darien police are still looking for help from someone who saw something near the Duchess that night, or perhaps a girlfriend, family member or associate of the shooter. There is a $100,000 reward for information leading to the arrest and conviction of the person who killed Kenneth Bateman.

 


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