The Indictment- The truth
On March 31, 2006 Lin DeVecchio, a retired Supervisory Special Agent of the Federal Bureau of Investigation who dedicated over 30 years of his life to the Bureau, was arraigned in Kings County Supreme Court on an indictment charging him with four counts of murder in the second degree . The Brooklyn District Attorney's Office presented these charges to a grand jury despite a 25 year record of evidence, much of it publicly released, that clearly establishes Lin's innocence in this unfounded and politically motivated prosecution. Among those who have lobbied for this prosecution are a noted conspiracy theory author and "investigators" in the employ of imprisoned Colombo organized crime family mobsters who are attempting to use a conviction of Lin as their own ticket out of prison.
Conspiracy theorists, in an effort to link distinguished former and present members of the FBI hierarchy to scandals ranging from Flight 800 to September 11, 2001, have accused them of protecting Lin in order to protect the Bureau from its own malfeasance. We know, of course, that this is patently absurd, but unfortunately they have made Lin their pawn for their own self-aggrandizing and misguided purposes. We will now demonstrate, through years of evidence available to the Brooklyn District Attorney, how this prosecution is misguided and slanderous.
Three of the four counts of the indictment, have been the subject of the testimony of former Colombo family members and associates, including the former family consigliere who testified on behalf of the federal government in several prosecutions. These government witnesses have given detailed accounts of the murders and the motivation for those acts. The fourth count involving the murder of Patrick Porco has never been addressed in prior court proceedings.
We, as the Friends of Lin DeVecchio, will put forth the charges against Lin, the blatantly inaccurate and misleading statements represented to the Court by the prosecutor at Lin's arraignment and the facts that are recorded in trial testimony and other public records.
It is unfortunate that experienced investigators have to assess the work of current investigators in order to avoid a gross injustice. However, given the illegal leaks that have repeatedly come from the Brooklyn District Attorney's Office since January 2006, we are compelled to set the record straight about this frivolous prosecution. Regrettably, we can only conclude that the Brooklyn District Attorney's Office has aligned itself with the conspiracy theorists and believes that the unjust prosecution of Lin DeVecchio will lead them up the ladder to the hierarchy of the FBI.
On the current website (4/24/06) of noted author and conspiracy theorist Peter Lance, the author of Cover Up the following is stated:
THE BOOK INSPIRES THE D.A.'S INVESTIGATION
In September, 2005 Peter Lance met with investigators for the Brooklyn District Attorney's Office who had read COVER UP in detail. On March 30th, at a press conference just prior to SSA DeVecchio's arraignment on four counts of Second Degree Murder, Noel Downey, Chief of the D.A.'s Rackets Bureau who led the investigation said, in relation to COVER UP:
"Stage one of any murder investigation is to figure out who's who and what's what and where things occurred and (COVER UP) was a wonderful springboard to understand who the parties were and in what direction the investigation should go."
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The fact that one of the largest and busiest prosecutors office in the nation would cite such ridiculous and baseless information as a "wonderful springboard to understand" the case and bring an indictment is unbelievable.
We will now demonstrate that the charges against Lin are entirely without merit:
The Indictment
Count One

The following excerpt is from the arraignment transcript. In it the District Attorney told the court what he would prove at trial about each charge. Here is what he said about Mary Bari:

One of the most significant prosecutions against the scourge of organized crime occurred in 1986 and was known as “The Commission Case,” which Lin DeVecchio supervised. In that matter, the government proved that the Commission of La Cosa Nostra (the Mob) controlled numerous criminal activities that affected the lives of most citizens of this country. Besides murders, labor racketeering, gambling and extortion, the ill effects of La Cosa Nostra greatly impacted the fabric of the urban areas of the country.
The prosecution of the Bosses of the Five Families of La Cosa Nostra in 1986 resulted in breaking the backs of the families as they were known.
The prosecution of Colombo Family Boss Carmine Persico serves as one particularly striking example. Persico, known as Carmine the Snake, for his ruthless and murderous nature, was convicted for being a member of the Commission of La Cosa Nostra.
After Persico's conviction the government prepared a Sentencing Memorandum, a document submitted to the court to assist the court in deciding the penalties to be placed on the defendant. This includes information concerning the defendant's other criminal activities and behavior.
In the document submitted to the court on December 22, 1986, for the sentencing of Carmine Persico, the following was provided:



Throughout the 1990's, as the FBI was successfully dismantling the influence of the Colombo crime family (including substantial contributions by Lin), many members of La Cosa Nostra decided to cooperate with the government. One significant cooperating witness was Carmine Sessa, the family consigliere and one time acting-boss of the Colombo crime family.
Sessa not only voluntarily admitted to his involvement in the murder of Mary Bari, but he also provided the details of that gruesome crime. As a government witness at several trials of his former Colombo family members, Sessa testified about this involvement in Bari's murder and the true reason why she was killed: Carmine Persico ordered her murder because the Colombo family was greatly concerned that Bari would reveal the whereabouts of Carmine Persico's brother and family consigliere, Alphonse "Allie Boy" Persico, who at this time was a federal fugitive. Bari was Alphonse Persico's paramour. Carmine Persico perceived Bari as a threat to his brother and he ordered her death.
Camine Sessa testified in the following criminal trials regarding the murder of Mary Bari.
USA v.Alphonse Persico, et al., (EDNY 92-00351) March 11, 1994, before
US District Judge Charles P. Sifton.
USA v.William Cutolo, et al., (EDNY 93-1230) October 20 & 26, 1994, before US District Judge Eugene H. Nickerson.
USA v. Victor M. Orena, et al., (EDNY 93-cr-1366) May 23, 1995, before US District Judge Edward R. Korman.
The following is a record of the testimony of Carmine Sessa on these dates.



















As can be seen from the above testimony Mary Bari was murdered on the orders of Carmine Persico in order to protect his brother Alphonse, who was a fugitive, from being captured by law enforcement.
Lin DeVecchio had nothing to do with this
or any other murder.
In the near future, we will post more testimony which will demonstrate how misguided the Brooklyn District Attorney's Office is in pursuing this case.
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