US ordered to pay $6.25m to family in 1976 mob killing
After years of legal maneuverings by Justice Department lawyers and a three-day nonjury trial, a federal judge ordered the government to pay $6.25 million to the widow and children of Richard J. Castucci, a Revere nightclub owner whose slaying was orchestrated by two of the FBI's most prized informants, James "Whitey" Bulger and Stephen "The Rifleman" Flemmi.
Last year, a judge found that the FBI was to blame in the 1976 killing.
"I'm just glad it's over, that's all," said Sandra Castucci, 72, shaking as she wiped away tears and was hugged by her children after leaving the courtroom.
The Castuccis' wrongful death suit was the third case brought on behalf of victims of Bulger and Flemmi to make it to trial, and all have ended with significant judgments against the government.
Last month, US District Judge William G. Young awarded a total of $8.5 million to the families of Edward "Brian" Halloran and Michael Donahue, who were gunned down on Boston's waterfront in 1982 by Bulger. And three years ago, the government was ordered to pay $3.1 million to the mother and brother of John McIntyre, a Quincy fisherman who was killed by Bulger and Flemmi in 1984.
"It's important to remember what happened to the families and for the courts to impose justice," said New Hampshire attorney William Christie, who represented the McIntyre and Halloran families. "It's been a long time coming in these cases, but it's gratifying that people are getting their day in court and they are getting significant awards."
Last year, US District Judge Reginald C. Lindsay ruled that the FBI was responsible for Castucci's slaying because of its negligent handling of Bulger and Flemmi. After Lindsay's death in March, Young took over the case and presided over the trial to decide how much in damages the family should get for the loss of Castucci's income and his financial and emotional support.
During closing arguments , attorney Michael Laurano of Boston, who represents the Castuccis, described Castucci as a successful entrepreneur who owned 42 percent of The Squire Lounge, a popular Revere strip club, and had an interest in two other clubs and an arcade.
But Justice Department lawyer Lawrence Eiser argued that Castucci hid his ownership interest in The Squire, failed to pay taxes, and also made money from illegal bookmaking.
He argued that Castucci had already cheated the federal government out of money by failing to pay taxes and that if the government was ordered to pay compensation based on those earnings then "we're being victimized twice."
Flemmi, who is serving a life sentence for 10 murders, and hit man-turned-government witness John Martorano provided details about Castucci's killing while testifying last fall in the Miami trial of disgraced former FBI agent John J. Connolly Jr. in a case involving another slaying.
Flemmi testified that Connolly warned him and Bulger in 1976 that Castucci was an informant and had told the FBI where two fugitive members of the Winter Hill Gang were hiding in New York. Flemmi said he and Bulger decided to kill Castucci. Martorano testified that he shot Castucci in the head inside a Somerville apartment and that Bulger and Flemmi disposed of his body.
The body of 48-year-old Castucci was found in the trunk of his car in a Revere parking lot on Dec. 30, 1976.
After listening to three days of emotional testimony from Castucci's wife and children, who described the devastating impact of his killing, Young wasted no time in reaching a decision after hearing final arguments yesterday. After a one-hour recess, he announced his findings from the bench.
"It appears to the court that Mr. Castucci was a very generous, certainly caring individual where his family was concerned," said Young, as Castucci's family listened anxiously.
He awarded Castucci's widow, Sandra, $3 million for loss of his emotional and financial support; $750,000 each to his son Brian and daughter Lisa, who were teenagers when he was killed; and $500,000 each to his son Richard Jr. and daughter Denise, who were in their early 20s when he died.
The judge awarded the family an additional $743,600 in lost income, based on what the judge concluded Castucci would have earned had he lived, and $8,000 in funeral expenses.
It was unclear whether the government will appeal Young's judgment.
Charles Miller, a spokesman for the Department of Justice, said, "We are reviewing the judge's order, and we will make a determination in the future into what the government's next step might be." 