Delahunt criticizes move to halt lawsuits
Feb. ruling expected in cases against FBI
Representative William D. Delahunt, Democrat of Quincy, chastised Justice Department lawyers yesterday for urging a judge to dismiss lawsuits against the government filed by four men who were wrongly convicted of murder in 1968 and allege the FBI withheld evidence that may have helped them prove their innocence.
"These are arcane legal arguments," said Delahunt, after listening to government lawyers argue that the Federal Tort Claims Act prevents the government from being sued for malicious prosecutions that happened prior to March 1974, when the federal law was revised.
"I think common sense dictates that there has been a grave injustice done," said Delahunt, adding that if the government isn't held accountable for abuse of power, then it will leave the impression that corrupt agents have "nothing to lose" by their actions.
US District Judge Nancy Gertner said yesterday that she'll rule by the end of February on the government's motion to dismiss the lawsuits filed against the US government by Joseph Salvati, Peter Limone, and the families of Henry Tameleo and Louis Greco, who both died in prison.
The suits allege that the men were framed for the 1965 murder of small-time hoodlum Edward "Teddy" Deegan by mob hitman Joseph "Baron" Barboza, who was recruited by the FBI as a witness against local Mafia leaders.
The convictions against Salvati and Limone were overturned in 2001 after long-secret FBI documents were made public, indicating that Barboza framed the men and protected the identity of one of the real killers, Vincent "James" Flemmi, who was an FBI informant. By then, Limone had served 33 years in prison, and Salvati, whose sentence had been commuted in 1997, had served 30 years in prison.
Delahunt listened to Salvati testify about his ordeal during hearings held by the House Committee on Government Reform, which launched an investigation more than two years ago into the FBI's handling of informants, particularly in Boston.
Recently the House Judiciary Committee, of which Delahunt is a member, started a similar investigation. Delahunt said yesterday that he'll ask the committee to review the Federal Tort Claims Act to determine whether it should be amended to make sure that all victims of alleged government misconduct can sue for damages in federal court.
"The act should serve as a deterrent to misconduct and to redress grievances and provide justice to those who have been abused by the misuse of power by the government," he said. 