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)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. )
) Day Six of Jury Trial
SEAN BUCCI and CATHERINE )
BUCCI, )
)
Defendants. )
)
1 APPEARANCES:
5 - And -
16
17
18
19
20
21
22
23
24
25
1 I N D E X
2
DIRECT CROSS REDIRECT RECROSS
3
11
E X H I B I T S
12
13 Government's
Exhibit No. Description For ID In Evd.
14
17
Defendant No. 1
18 Exhibit No.
19
Exhibit F Letter dated 2/6/07 241
20 Exhibit G Letter 244
21
Defendant No. 2
22 Exhibit No.
24
25
18 today?
25 charges.
9 you.
11 necessary.
13 anything further?
1 Fifth Amendment.
22 would just ask that the Court advise him of his Fifth
18 the time you want to do it, but one of the two witnesses
4 it a bit colloquially.
8 again.
9 government on that.
13 you'd wait and see how the evidence came in. And as
3 testifies.
5 jury.
7 jury.
8 (There is a pause.)
14 proceed.
2 stipulation.
21 contain marijuana;
8 to contain marijuana;
14 to contain marijuana;
20 to contain marijuana;
1 to contain marijuana;
12 marijuana.
16 DIRECT EXAMINATION
17 BY MR. LEVITT:
19 A. Excuse me?
21 A. Thirty-three, sir.
23 A. Danvers, Massachusetts.
25 A. I graduated college.
1 Q. From where?
2 A. Stonehill College.
3 Q. When?
4 A. 1995.
6 for you.
10 A. Yes, sir.
12 A. Yes, sir.
13 Q. Children?
14 A. Yes, sir.
20 them.
24 A. Yes, sir.
1 Alcoholics Anonymous?
2 A. Yes, sir.
4 A. 1995.
7 alcohol.
9 A. Sometime in 1995.
13 BY MR. LEVITT:
15 A. Yes, sir.
17 A. Yes, sir.
18 Q. What kind?
19 A. Marijuana.
25 A. Mushrooms, hash.
7 A. Yes.
9 A. Yes.
19 A. Yes, I have.
20 Q. What kind?
21 A. Marijuana.
23 A. Sean Bucci.
25 A. I do, sir.
2 A. (Witness indicates.)
9 too.
14 BY MR. LEVITT:
18 A. Close friends.
20 A. No, sir.
23 A. Yes, sir.
24 Q. And you were asked if you ever held money for Sean
1 A. Yes, sir.
5 A. No, sir.
11 A. Yes, sir.
12 Q. Who's that?
16 A. Yes, sir.
18 Exhibit 81, and I'd ask you to take a look at that and
20 A. (Witness complies.)
22 A. Yes, sir.
25 interview.
7 significant point.
9 the jury:)
2 go forward.
4 it.
6 BY MR. LEVITT:
12 letter.
15 before --
16 A. Yes.
18 A. Yes. Yes.
25 A. Yes, sir.
5 A. Yes.
8 A. Yes.
13 testify anyways?
14 A. Yes, sir.
16 whatsoever?
17 A. No, sir.
19 promises?
20 A. No, sir.
24 A. Sean Bucci.
2 College.
6 A. Just one.
7 Q. Who?
11 boyfriend.
15 pounds.
22 BY MR. LEVITT:
24 this period?
15 A. Not to my recollection.
17 A. Not to my recollection.
19 customer?
24 A. Yes, sir.
25 Q. Where?
1 A. In Salem.
6 A. Yes, sir.
21 Bucci's apartment?
22 A. Yes.
24 A. Yes.
1 A. Yes.
2 Q. Who else other than Jan Jefgood hung around the area
8 A. Sean.
11 A. Yes.
19 A. Sean's.
21 A. Excuse me?
24 person.
1 following you.
3 anybody?
8 Q. Did any of those people ever stop and hang out with
9 you guys?
13 Bucci's bedroom?
21 marijuana?
5 time?
8 marijuana?
11 that correct?
12 A. Yes, sir.
16 A. Sean Bucci.
20 that house?
21 A. Yes, sir.
24 Reading.
1 A. Yes, sir.
3 A. Yes, sir.
9 marijuana for?
14 BY MR. LEVITT:
23 did you have? For your marijuana business, not for the
24 Northern Grind.
1 Q. Who?
6 A. Vincent.
11 A. It varied.
16 A. Yes.
17 Q. How much?
21 Q. Why?
4 pound.
5 BY MR. LEVITT:
9 A. Always on delivery.
14 A. North Reading.
15 Q. At 23 Marshall Street?
16 A. Yes, sir.
17 Q. Where specifically?
20 Q. Over here?
21 A. Yes, sir.
7 closet, though.
10 A. Yes.
22 bags.
4 A. No, sir.
8 weighed?
9 A. Yes, sir.
20 BY MR. LEVITT:
4 A. Yes.
7 or...
9 A. Yes, sir.
10 Q. How many?
11 A. Two.
12 Q. Where?
16 Q. Who went?
5 four-star hotel.
7 Holland?
9 BY MR. LEVITT:
22 A. Sean did.
24 A. Sean did.
5 Q. And did you look at places while you were down there
8 residential areas.
11 there.
12 Q. Did he tell you how much the houses were going for
13 down there?
15 around 350,000.
17 nightclub in Aruba?
19 your Honor.
21 BY MR. LEVITT:
4 don't know.
8 Q. Who's that?
10 Levitt? I apologize.
13 BY MR. LEVITT:
14 Q. Who's that?
16 Q. And that?
17 A. Chris Bleicher.
18 Q. That?
20 Q. That?
21 A. Eric Carbone.
22 Q. That's you?
23 A. Yes, sir.
24 Q. And that?
25 A. J.Z.
3 his last name might have been Zeramby. I'm not 100
4 percent sure.
6 back here?
11 name.
14 smoking.
24 that?
3 BY MR. LEVITT:
8 you this?
15 in cash.
22 boats?
23 A. Yes, sir.
24 Q. What?
2 Chevy Avalanche.
3 Q. What other cars did they have at the time that you
4 knew?
10 roadster.
15 he bought a boat.
17 A. Yes, sir.
1 Q. How often?
5 A. Yes.
13 Q. Did Sean Bucci have any other jobs that you're aware
14 of?
17 A. Yes, sir.
18 Q. What is that?
23 sure.
3 Q. He lost $30,000?
11 buying it?
16 the jury:)
5 $297,000.
14 to say --
17 BY MR. LEVITT:
25 A. Yes, I do.
2 A. Yes, I do.
4 A. Yes, I do.
6 here.
11 BY MR. LEVITT:
13 A. A few times.
14 Q. For what?
18 A. No, sir.
22 A. Yes.
3 Topsfield.
25 BY MR. LEVITT:
6 BY MR. LEVITT:
10 growing it.
12 WhosARat.com?
13 A. Yes, sir.
15 A. Yes, sir.
18 now.
24 he?
4 BY MR. LEVITT:
6 A. Yes, sir.
7 Q. Where?
13 arrested.
14 BY MR. LEVITT:
18 A. Yes.
19 Q. What?
21 distraught.
25 A. Yes, sir.
3 some money, and she was scared and didn't know what to
4 do with it.
9 money."
11 something to hold?
12 A. Yes, sir.
18 A. Money.
3 whatever high.
4 Q. A foot?
16 be hid.
18 else?
19 A. Yes, sir.
20 Q. What?
24 money.
6 talking about?
11 BY MR. LEVITT:
18 A. Yeah.
22 get out?" And she said, "No, to get out. I came back
9 BY MR. LEVITT:
12 Q. And width?
13 A. Like 20 inches.
15 A. No, sir.
18 A. Yes, sir.
19 Q. Where?
24 BY MR. LEVITT:
7 to open them?
13 BY MR. LEVITT:
14 Q. Now, the --
18 the one or the other. And the place I had them stored
23 BY MR. LEVITT:
25 that?
1 A. Yes, sir.
2 Q. Why?
4 money.
6 A. Sean.
8 Ms. Genduso?
9 A. Yes.
14 A. Yes, sir.
18 about that?
23 Q. Did you ever pay for anything for Sean Bucci during
24 this time?
25 A. Yes, sir.
1 Q. What?
3 Q. How much?
7 Q. Same amount?
8 A. I believe so.
9 Q. And then did you take any money out of the money
10 box?
12 Q. Both times?
13 A. Yes.
18 A. Sean.
21 other one.
25 arrest.
1 Q. Where?
4 A. Yes, sir.
18 Darren Martin?
20 of it.
22 A. Yes, I do.
24 about a lawyer?
1 your Honor.
3 BY MR. LEVITT:
5 Martin?
6 A. Yes, sir.
15 CROSS-EXAMINATION
16 BY MS. BYRNE:
22 A. Correct.
24 government, right?
25 A. I believe so.
2 home, right?
3 A. Yes.
6 A. Yes.
8 A. Yes.
10 A. Yes.
13 A. Yes.
15 nervous, right?
16 A. Yes.
18 A. Yes.
21 A. Correct.
23 A. Correct.
25 A. Correct.
3 A. Correct.
8 A. Yes.
10 A. He gave me advice.
16 you, right?
17 A. Yes.
20 that?
21 A. Yes.
23 A. Yes.
25 A. Yes.
1 Q. -- right?
2 And that was the day that you met with Mr. Levitt,
3 the prosecutor here, right? The first time you met him?
4 A. (Nonverbal response.)
6 A. I believe so.
9 A. Since then?
14 A. Yes.
19 A. Yes.
7 understood it.
8 A. In that meeting.
9 Q. At that meeting.
11 had no protection.
15 you went into the grand jury when you talked to Mr.
17 that right?
22 A. Yes.
25 A. Yes.
3 A. Yes.
4 Q. You have worked with Mr. Levitt and with the agents
13 right?
19 BY MR. LEVITT:
23 perjury, right?
1 A. Yeah, I guess.
3 with the prosecutor and Agent Harriman, you said you met
5 A. Yes.
7 home. And then you set up a meeting and you met with
8 him, right?
9 A. Yes.
12 A. Yes.
15 A. Yes.
17 A. No.
19 Bucci, right?
20 A. Correct.
22 A. Correct.
6 Q. Right.
10 A. Yes.
12 A. Yes.
13 Q. But you told him you never took cash from Leigha
15 A. Yes.
18 told him.
19 A. Correct.
21 A. Yes.
5 came from your own savings to pay for the lawyer, right?
10 reimbursed myself.
12 who was investigating this case when you met with him
13 the first time, that the money that you paid for Sean's
14 lawyer has not been paid back, right? That's what you
20 A. Correct.
23 A. Correct.
24 Q. And that's why you felt better after you got that --
3 wife was going to find out about this when you met with
5 A. Yes.
9 Q. You were afraid that if your wife did find out, she
13 drug dealing.
20 A. Yes.
23 A. Yes.
1 A. Yes.
4 A. Correct.
6 A. No, ma'am.
8 A. Yes.
10 A. Three children.
19 A. Yes.
22 A. Yes.
8 marijuana?
11 BY MS. BYRNE:
16 of marijuana?
19 specifics.
20 Q. Well, when you met with your lawyer, did your lawyer
21 tell you -- did you talk about what could happen to you
3 you that?
4 A. Nope.
12 A. Yes.
17 A. Yes.
19 A. Yes.
23 BY MS. BYRNE:
5 BY MS. BYRNE:
8 right?
9 A. Yes.
17 Harriman --
18 A. Yes.
20 true, right?
21 A. Correct. Correct.
22 Q. Okay. So, but when you sat down with Mr. Levitt and
23 Agent Harriman later after you got that letter, you told
1 A. Yes.
2 Q. And when you first spoke to them, you told them that
4 right? That's what you told them, right, when you first
5 sat down?
7 down.
8 Q. All right. Well, you met with -- you met with Mr.
11 A. Yes.
14 A. Yes.
15 Q. Okay. And then you met with Mr. Levitt and Agent
17 A. Correct.
20 ago, right, the first time you sat down with Mr.
23 Q. And when you sat down with them you stated that you
25 that the most you ever purchased at one time was one
7 right?
18 believe you."
23 A. I guess.
25 whole lot more marijuana and a whole lot more times you
5 Q. Okay. Now, before you went into the grand jury the
8 A. Correct.
10 A. Correct.
12 A. Correct.
14 A. Correct.
17 A. No.
19 A. I hope not.
21 you, sir?
24 you actually didn't tell the truth, did you, sir? You
1 A. I did?
4 A. I misunderstood him.
6 marijuana?
9 Q. So you misunderstood?
10 A. Yes, ma'am.
15 or two, right?
18 regularly, right?
19 A. Yeah.
22 A. No. No. I worked for the post office and they had
25 Q. How long did you work for the post office, sir?
1 A. About a year.
2 Q. Now, you also lied about the money that you used to
3 get the bank check for Sean's attorney when you talked
6 A. Not to my knowledge.
8 in a personal safe.
9 A. Yes.
10 Q. And you told the prosecutor that you used cash from
7 A. Yes.
10 A. Back when?
11 Q. In 2005, sir.
13 2005.
15 2003 when you used the money from your personal savings
17 A. Yes.
19 savings, right?
20 A. Yes.
22 A. Yes.
24 And that was your own personal stash that you kept
1 A. Yes.
5 correct, sir?
7 Q. And you kept it, even as you said, even from your
8 wife, right?
9 A. Yes.
12 A. Correct.
19 Q. All right. She didn't know that you were buying two
24 A. Correct.
1 marijuana?
2 A. Correct.
3 Q. Where did you hide your drugs from your family, sir?
6 drugs, right?
10 A. Correct.
13 A. Yes.
15 A. Yes.
17 A. Yes.
20 A. Correct.
23 A. March.
1 A. No.
4 A. Correct. Correct.
7 A. Correct.
10 Q. Did you tell her that you were using drugs when you
13 Q. All right. Well, did you tell her that you were
17 BY MR. LEVITT:
19 Amsterdam?
24 BY MS. BYRNE:
5 BY MS. BYRNE:
6 Q. Is that right?
7 A. Correct.
12 A. No.
14 friends, right?
15 A. Yes.
17 A. Yeah.
19 A. Yes.
22 A. No.
25 right?
2 BY MS. BYRNE:
5 A. Yes, ma'am.
10 BY MS. BYRNE:
13 A. Yes.
14 Q. And she told you that she had a box of money that
16 A. Yes.
18 A. Yes.
20 correct?
21 A. Yes.
24 A. Yes.
2 Q. And you took the money, the box of money, and you
9 A. No.
11 right?
12 A. Yes.
14 A. Yes.
17 A. Yes.
25 right?
1 A. Correct.
4 A. Correct.
8 Q. And the owner didn't know that you were hiding your
10 A. Correct.
14 BY MS. BYRNE:
16 there?
17 A. No.
22 sir?
3 A. Correct.
9 A. Yes.
18 A. Correct.
20 A. Yup.
22 A. Yeah.
24 A. Yeah.
2 A. Yeah.
4 right?
14 restaurant equipment.
17 A. Rental bus?
18 Q. Yeah.
19 A. Not to my knowledge.
21 one point when you bought your present home, didn't you,
22 sir?
23 A. Yes.
5 A. Yes.
7 business, right?
8 A. Yes.
10 right?
11 A. Yes.
12 Q. Those are the jobs you told the government that you
13 had?
14 A. Yes.
16 A. Yes.
21 business.
24 that, sir?
25 A. A rental bus?
1 Q. Right.
2 A. I don't recall.
6 Q. And --
7 (There is a pause.)
8 BY MS. BYRNE:
11 A. Yes.
13 A. Correct.
15 A. Not to my knowledge.
19 A. Or clerk, yeah.
23 A. I don't remember.
24 Q. You didn't tell them that you were working for Jay
2 Q. Or Northern Grind?
5 Q. Well --
9 A. Yeah.
11 page, right? When you filled out that loan you told
15 Q. Well, you put that it's your employment and you were
1 BY MS. BYRNE:
4 '98.
6 that right?
7 A. No.
12 A. No.
15 from them.
19 believe --
22 BY MS. BYRNE:
24 A. Yes.
2 A. Yes.
11 A. Yes.
12 Q. All right. You talked about the fact that you told
15 A. I don't understand.
20 talked about what you saw in Salem, you told the agent
23 A. I believe so.
2 A. I guess so.
5 kitchen, right?
6 A. Tote bag?
7 Q. Tote bag.
15 right?
17 Q. In February.
18 A. Yes, basically.
20 A. Correct.
22 A. Correct.
24 and the prosecutor, you told them that you did not deal
1 A. Yes.
4 A. Yes.
6 A. Yes.
9 A. Yes.
10 Q. And you know where that house is, right? You can
17 Q. So the last time that you met with Mr. Levitt and
25 while.
2 years or is it a year?
8 sure.
11 A. My brother-in-law.
13 A. He had it.
15 A. No.
17 garage space?
18 A. No.
20 BY MR. LEVITT:
21 Q. Mr. Carbone --
23 insignificant --
2 CROSS-EXAMINATION
3 BY MR. SINSHEIMER:
8 might.
9 A. Yes.
11 couple of times?
12 A. Yes.
14 July party?
17 A. Correct.
19 A. Yes.
22 A. Yup.
25 A. Yes.
6 A. Yes.
10 Q. Sure.
11 A. -- here or there.
13 all know which is why we're here, you don't see anything
18 A. Yes.
23 to be brief here.
25 A. Absolutely, yes.
1 Q. And except for the fact that you got no choice but
5 Q. You don't wish him any bad will but you've got no --
7 brother.
10 government, right?
15 it.
17 family?
18 A. Yes, sir.
21 A. Yes.
23 A. Absolutely, sir.
2 today.
6 A. Yes.
8 A. Yeah.
10 A. Yes.
12 A. Yes.
14 A. No, sir.
16 A. Yes.
19 A. Yes.
21 A. Yes.
24 driver service.
4 Q. People who --
7 business, right?
8 A. Yes.
10 A. Yes.
12 it?
15 right?
16 A. Correct.
18 A. Yes.
23 A. It varied.
2 A. Yes.
18 Honor.
20 (There is a pause.)
22 BY MR. SINSHEIMER:
1 Hole."
3 came out?
4 A. Yeah.
10 A. Exactly.
14 there, right?
17 A. Yup.
20 remember those?
21 A. Yes.
1 sure.
3 (There is a pause.)
6 juncture?
12 Edward.
14 identification.)
15 BY MR. SINSHEIMER:
18 A. Yeah.
20 A. Excuse me?
21 Q. What is it?
22 A. That's a T-shirt.
23 Q. Is it -- from what?
2 A. Correct.
5 A. Yup.
11 evidence.)
12 BY MR. SINSHEIMER:
14 it?
15 A. It says 1998.
21 don't remember.
24 A. Yes.
1 A. To my knowledge, yes.
5 A. Yes.
7 you mean?
16 A. No.
18 Rocktober Fest?
19 A. Yeah.
25 Q. Yeah.
8 A. Yes.
11 believe.
17 Q. WAAF?
18 A. Correct.
20 A. I don't know.
1 was?
3 Q. Of '98?
4 A. I believe so.
15 BY MR. SINSHEIMER:
19 ticket guy?
25 all?
1 A. I believe it was.
3 A. I believe it was.
5 if I may.
7 it's 43.
8 BY MR. SINSHEIMER:
10 A. Yes, sir.
12 took place that you were telling us about where you met
13 my client, right?
14 A. Yeah. That wasn't the first time I met her, but I'd
17 A. I can't remember.
19 once in a while?
23 A. Yeah.
4 A. Yeah.
6 A. Yeah.
13 Q. Pretty quiet?
14 A. Yeah.
19 it?
20 A. No.
22 at, right?
23 A. Yeah.
25 A. I don't know.
2 A. No.
7 A. Yeah.
10 A. Yes.
14 but maybe.
17 buddies?
21 A. I guess.
25 port-a-potties.
2 A. Yeah.
4 A. Yeah.
10 Q. In 2000, 2001?
11 A. Yeah.
13 A. No.
15 A. I can't remember.
17 A. Not to my knowledge.
20 right?
24 it again.
1 parties, right?
2 A. Yeah.
4 A. Yes.
6 A. Not to my knowledge.
7 Q. Not from what you saw. I'm asking what you saw.
8 A. Yeah.
13 A. No.
19 A. Yes.
21 A. Yes.
23 A. Yes.
24 Q. And all this time you'd been holding onto his money
25 and you thought the only people who knew were you and
2 A. To my knowledge.
4 A. Yeah.
6 A. Yeah.
8 A. No.
10 A. Yeah.
15 Levitt, right?
16 A. I guess, yeah.
18 A. Yes.
21 right?
22 A. Yeah.
2 questions?
3 A. Specifically, no.
7 A. Four to five.
10 A. Yes.
13 A. Yes.
17 right?
18 A. Excuse me?
21 that?
7 BY MR. SINSHEIMER:
8 Q. Right?
11 BY MR. SINSHEIMER:
15 prosecuted.
16 A. Yes.
22 A. No.
24 right?
2 A. Yes.
5 A. Yes.
9 Q. When?
10 A. I don't remember.
14 A. Yes.
17 A. Yes.
22 right?
3 around it."
5 A. Basically, yes.
9 REDIRECT EXAMINATION
10 BY MR. LEVITT:
13 A. Yes, sir.
15 A. Yes, sir.
16 Q. What?
17 A. He gave me $5,000.
19 scope.
8 objection.
16 excused.
1 Bruton issue.
21 don't see how they could get that in even under the
5 am I right?
9 laundering.
9 re-call Mr. Carbone and ask him that one question about
10 what Sean Bucci gave him when he gave him the money box
15 redirect. I'd ask that I could re-call him and ask him
16 that question.
19 since then.
22 redirect.
4 11:20 a.m.)
8 seated.
10 Genduso.
15 DIRECT EXAMINATION
16 BY MR. LEVITT:
19 A. Yes.
23 Q. What is this?
2 A. Correct.
4 here today?
5 A. Correct.
7 A. Correct.
11 evidence.)
12 BY MR. LEVITT:
15 A. Yes.
17 A. Twenty-five.
19 A. Shrewsbury, Massachusetts.
23 A. In 1999.
25 A. Yes.
1 Q. When?
3 Q. Why?
7 Q. Doing what?
8 A. Bartending.
10 A. Yes, I have.
11 Q. What drugs?
12 A. Marijuana.
16 A. Yes.
17 Q. When?
20 A. Sean Bucci.
21 Q. Who is he?
22 A. Right there.
24 A. (Witness complies.)
4 BY MR. LEVITT:
8 time?
11 A. From Sean.
15 A. Yes.
16 Q. When?
18 Q. What kind?
20 Q. Why?
22 Q. For what?
24 like, depression.
2 Sean had.
4 A. No.
8 A. Approximately, no.
13 A. Around 2000.
15 time?
16 A. Yes.
23 A. Nope.
25 living?
1 A. Yes, I did.
2 Q. When?
6 told me.
10 happened?
14 A. Yes.
15 Q. When?
20 known.
22 A. Yes.
23 Q. Who?
24 A. Sean.
1 A. Yes.
2 Q. Why?
6 supplier?
9 A. Yes.
15 Q. Did you ever talk with Sean Bucci about how long
20 A. Yes, I did.
21 Q. When?
23 involved.
25 A. Correct.
2 A. Yes.
7 deliveries?
8 A. Yes.
10 about?
15 before.
6 we would take out -- they would take out the bales and
10 A. Correct.
13 truck or a van.
19 before.
21 A. No.
22 Q. Why not?
25 Q. Which roommates?
7 bringing?
11 pounds.
17 A. No.
21 varied.
6 A. Yes.
9 you?
12 A. Those are the bales that they would come in. The
16 A. Yeah, usually.
18 A. Yes.
23 open the bales because they were very compact and hard
2 recognize this?
3 A. Yes, I do.
4 Q. What is it?
6 bales.
8 these bags?
9 A. Yes, I do.
15 a time?
17 know that they cost a lot less online rather than buying
20 this?
21 A. Yes, I do.
22 Q. What is it?
24 come in.
7 that?
8 A. Yes, I do.
9 Q. What is it?
11 Q. And 33?
12 A. Yup.
13 Q. What's that?
17 A. Yes, I do.
18 Q. What is it?
23 BY MR. LEVITT:
2 A. Yes.
4 A. Yup.
7 lot easier.
10 in denominations of $5,000.
12 loads of marijuana, did you ever see Sean Bucci pay him?
13 A. Yes.
21 A. Yes.
23 A. Yes.
24 Q. Where?
5 money.
9 A. Yes, I do.
13 she's here.
15 BY MR. LEVITT:
17 were?
18 A. Yes, I did.
19 Q. How?
21 friends and then the other half were just his regular
22 customers.
24 A. Yes.
1 marijuana?
4 A. Yes, I do.
5 Q. Who?
10 who used to come over, I didn't know his last name, with
12 biggest customers.
14 A. Yup.
20 known as Butchy.
22 A. Correct.
4 Q. And Larry?
6 Q. Darren Martin?
9 together.
10 Q. Scott Mizzy?
14 from pounds?
18 sometimes less.
19 Q. Matt?
23 A. Yes, I do.
24 Q. Who's that?
8 A. Yes, I do.
9 Q. Is he a customer?
10 A. Yes, he was.
11 Q. Big or little?
14 sometimes?
21 please.
23 the jury:)
4 discuss it further.
15 for a mistrial.
21 mistrial.
1 jury.
3 point.
5 BY MR. LEVITT:
7 A. Yes, I did.
13 A. Yes, I do.
14 Q. What is it?
16 and Darren Martin came over with money that he owed him,
20 these people?
21 A. Yes, I do.
25 is Jason Zeramby.
5 place?
7 Aruba.
9 BY MR. LEVITT:
18 him.
20 that?
21 A. Yes, I do.
24 record how much money everyone owed and when they came
25 by, how much they gave him from their existing number.
5 A. Yup.
15 BY MR. LEVITT:
18 A. On delivery, yes.
20 notes?
24 BY MR. LEVITT:
1 that?
2 A. Yup.
3 Q. What is it?
11 BY MR. LEVITT:
13 A. Yes.
18 Q. Were they all -- did they all live there till the
20 A. No.
25 Q. How much?
9 A. Yes.
11 A. No, never.
13 A. Yes, I did.
14 Q. When?
21 talking about you sold it for your own account? You got
24 BY MR. LEVITT:
4 A. Sean.
9 Q. And how much was Sean Bucci charging you for the
10 marijuana?
13 amount.
23 Street.
25 Worcester?
1 A. Yes.
4 presents.
5 Q. Why?
9 A. Yes, I did.
10 Q. What kind?
12 Q. What is that?
13 A. It is a higher consistency --
21 BY MR. LEVITT:
6 BY MR. LEVITT:
12 viewed them.
16 walls.
20 A. Usually a pound.
24 hydro?
3 A. Yes, I did.
5 that?
6 A. Yes, I do.
7 Q. What is it?
13 A. Yes, I did.
16 years.
18 (There is a pause.)
19 BY MR. LEVITT:
22 A. Yes, I do.
23 Q. What is it?
25 Belmonte's wedding.
5 much.
7 A. Yes.
9 A. Chevrolet Avalanche.
11 A. Yes, I do.
12 Q. How?
13 A. All in cash.
25 bag.
2 A. Yes.
3 Q. What kind?
6 Q. Anything else?
8 bikes in.
10 A. Yes, he did.
12 A. Yes.
14 Street?
15 A. Yes, I did.
16 Q. Where?
20 A. Always, yes.
21 Q. Why?
24 house.
1 A. Yes.
23 Honor.
25 BY MR. LEVITT:
3 A. Yes.
11 safe.
14 stolen.
16 A. It was his.
22 police report.
25 BY MR. LEVITT:
7 out of my vehicle.
9 at the time?
10 A. Yes, I do.
11 Q. Where?
14 A. Never.
17 Q. For what?
8 BY MR. LEVITT:
10 Bucci?
11 A. Correct.
13 about that?
14 A. Yes.
15 Q. What?
18 2001-2003?
21 A. Yes.
22 Q. How?
2 would he pay?
3 A. Cash.
5 A. Yes.
6 Q. What?
7 A. The telephone.
8 Q. For where?
9 A. 23 Marshall Street.
11 A. Yes.
13 that?
14 A. Yes, I do.
15 Q. What is it?
17 name.
18 Q. Did you ask him why he wanted you to put the phone
19 in his name?
21 your Honor.
23 that name?
25 BY MR. LEVITT:
3 A. Yes.
8 name.
10 Marshall Street?
11 A. Yes, I do.
14 the bills.
18 A. Yes, I did.
22 discussing before?
25 objection, respectfully.
7 the jury:)
6 forth.
11 of a conspiracy.
11 money-laundering conspiracy.
16 statement --
19 her if she knew whose name the house was in. She said
22 That's when the objection came. I can tell you what the
2 statement.
18 issues out.
9 just the one which is -- goes to the core that she knew.
16 aware of --
5 with.
15 they need her to say that Mrs. Bucci knew that he was a
17 record is laughable.
6 namely, "Did Sean Bucci ever tell you anything about his
10 not.
16 Bucci.
22 numerous occasions.
1 now?
4 his arrest.
7 for him. She took money to the bank, and at his request
9 him. 6,000 --
24 all the time; there's people coming and going. She was
2 said, "Yes, they know, and they don't care." And that
3 reassured her.
10 cross-examine.
13 is.
2 Honor.
5 (There is a pause.)
14 your Honor.
10 is charged.
7 the record.
22 different conspiracy.
16 five times.
23 going to let in, I don't want to, you know, try to bite
4 case --
6 but --
11 that.
18 procedure.
25 based --
19 consider it.
7 BY MR. LEVITT:
9 Street, did you see any of the bills that came to the
10 house?
11 A. Yes, I did.
13 A. Yes, I did.
15 A. Yes.
20 A. Yes, I did.
25 objection.
4 BY MR. LEVITT:
6 A. Yes.
10 Q. And what did you take him to mean when he said "if
14 BY MR. LEVITT:
16 A. Yes.
20 five grand.
22 A. Yes.
23 Q. What?
25 account in Middleton.
1 Q. Why?
4 speaking about?
15 the bank.
16 Q. Who did?
18 Q. Did you ever talk with Sean Bucci about the amounts
20 A. Yes.
2 A. Yes, I did.
6 Q. Anywhere else?
11 that?
12 A. Yes, I do.
13 Q. What is it?
15 Jamaica.
21 Q. Who paid?
22 A. Sean.
23 Q. For everything?
24 A. Yes.
1 things?
9 of the hotel.
12 BY MR. LEVITT:
14 A. Sean.
16 A. Yes.
17 Q. Hotel?
18 A. Yes.
22 and Colleen.
4 went?
7 A. Yes.
8 Q. Anyone else?
11 A. Yes, I did.
15 A. Yes.
21 that?
24 A. Sean did.
1 A. I was there.
4 Q. And when you were there, who paid for the dinners?
5 A. Sean did.
9 well.
11 A. Yes.
14 Linda.
16 this trip?
20 time.
22 A. A week.
24 A. No.
3 A. Yes.
4 Q. Who?
10 A. Quite excessively.
11 Q. Did you see how much -- did you see what he was
12 playing?
13 A. Yes.
14 Q. What?
21 BY MR. LEVITT:
25 Q. During the time that you knew Sean Bucci, how often
1 did he go to Aruba?
3 several times.
6 A. Yes.
10 a nightclub in Aruba.
12 A. Yes.
14 A. Yes, he did.
16 was?
20 Heaven?
21 A. Yes, I did.
22 Q. What kind?
1 that?
2 A. Yes.
3 Q. What is it?
15 evidence.)
16 BY MR. LEVITT:
22 to be located?
23 A. Yes.
24 Q. Where?
5 their anniversary.
10 like, stayed.
15 parents?
16 A. Yes, he did.
17 Q. What?
21 A. Yes.
2 around $20,000.
5 A. Yes, he did.
6 Q. What?
12 the jury:)
17 the fact that she was bringing money to the banks for
21 it?
22 "Yes.
24 knew?
25 "Yes.
1 "Why?
10 question --
15 do about it.
20 that before.
9 lunch --
11 this time.
1 record.
3 BY MR. LEVITT:
4 Q. When you were living with Sean Bucci, did you see
6 A. Yes, I did.
9 yes.
11 A. To my knowledge, three.
17 A. Yes.
2 your Honor.
6 BY MR. LEVITT:
9 charging?
10 A. Yes.
11 Q. What?
13 Aruba.
17 A. The previous --
23 it?
24 A. Yes.
5 as usual.
7 A. Yes. Always.
9 A. Yes.
13 A. Yes.
14 Q. What?
22 bedroom.
6 A. No.
19 back?"
21 A. No.
1 Anthony called.
3 A. I left.
6 A. Yes, I did.
18 Road.
21 in, put the box into the closet -- it was like a coat
24 A. Yes, I did.
8 going on.
11 driveway.
20 A. Jessica Columbo.
24 Q. What was the name of the attorney that you got from
25 Ms. Columbo?
1 A. Gary Zerola.
6 Beverly.
8 A. Eric Carbone.
14 A. Yes.
18 told him what I had, told him that I thought Sean was
1 A. Yes.
3 A. Yes, I did.
5 A. Yes.
6 Q. Who?
7 A. Catherine.
9 A. Yes.
12 and that I left the box in the closet, and that her son
18 house.
20 A. Yes.
21 Q. Where?
22 A. In the basement.
24 A. No.
1 of money?
2 A. No.
4 A. Yes.
8 A. In the basement.
11 2-by-2, possibly.
15 A. Yes.
18 I was driving.
24 safes.
3 A. Yes.
9 Q. To whose apartment?
10 A. Gary Zerola's.
11 Q. So who went and got the box of money and the safes
15 money as well.
18 apartment.
21 A. Yes.
22 Q. What?
4 Q. It was in Boston?
5 A. Yes.
7 apartment?
14 A. $275,000.
17 $5,000.
19 from?
20 A. Yes, I did.
21 Q. Did you tell him what Sean Bucci did for a living?
22 A. Yes, I did.
24 A. Yes.
2 of June 4th. But then Gary and Mike Natola went to see
6 weeks, like my lawyer, but then Sean also hired him for
7 representation.
9 A. Through Gary.
11 his fee?
12 A. Yes.
16 about that?
21 $50,000?
22 A. Yes.
23 Q. How?
1 A. No.
3 A. No.
13 A. The box.
15 A. No.
16 Q. At some point you got into the prison and you could
18 A. Yes.
20 A. Yes.
22 A. The first time that Gary and Mike went to see Sean
3 Q. Yes.
4 A. Yes.
5 Q. What?
7 well.
8 Q. And do you know how much Sean Bucci paid for Darren
9 Martin's lawyer?
13 Q. I'm sorry?
16 A. No.
18 new lawyer?
19 A. Yes.
20 Q. Who?
21 A. Elliot Weinstein.
23 A. Yes.
2 cases.
4 about this?
5 A. Yes, I did.
9 agreed.
10 Q. How much --
11 A. 15,000.
15 BY MR. LEVITT:
19 A. I did.
20 Q. Get a receipt?
21 A. No.
22 Q. How long did Gary Zerola have the money box and the
23 safes?
25 a month.
5 Eric Carbone.
6 Q. Why?
11 and the safes from Gary Zerola and meet up with Eric
14 A. Yes.
20 box?
25 the money, asking him for it, and then going back there
3 A. 23 Marshall Street.
5 in prison?
6 A. Yes, he did.
7 Q. What?
10 A. The cash.
12 do that?
18 this?
19 A. Yes.
23 orders.
3 paying bills.
6 phone.
10 Q. I show you --
16 identification.)
17 BY MR. LEVITT:
19 A. Yes, I do.
20 Q. What is it?
22 mortgage bill.
24 A. Yes.
25 Q. What is it?
3 A. Yes.
4 Q. And where did the money come from for these money
5 orders?
8 A. Yes.
17 A. No.
19 A. No.
23 A. Yes.
1 minimum due.
3 period?
5 still.
7 expenses?
10 BY MR. LEVITT:
16 BY MR. LEVITT:
17 Q. What else?
20 A. Yes.
21 Q. What?
22 A. A computer.
24 A. Yes.
1 A. Yes.
4 A. Yes, he did.
5 Q. To who?
10 A. Yes.
12 A. No.
16 arrested.
17 Q. Who else did you -- did Sean Bucci ask you to bring
18 money to?
19 A. Darren Martin.
23 broke.
25 A. Yes.
2 about?
6 A. Yes, I did.
8 A. Yes, I did.
12 cooperating?
13 A. Yes.
15 A. He told me no.
17 A. Yes, I did.
19 occasions?
24 at his uncle's.
1 A. Yes.
7 A. No.
11 A. No.
15 A. Yes.
16 Q. To Sean Bucci?
17 A. No.
18 Q. Someone else?
19 A. Yes.
21 A. Yes.
22 Q. When was the last time you spoke with Sean Bucci?
24 appearance.
2 Q. Why?
4 Q. Now, was that the first grand jury subpoena you had
5 gotten?
6 A. No.
7 Q. What happened --
9 was?
14 BY MR. LEVITT:
17 A. That's correct.
18 Q. And what happened when you got your first grand jury
19 subpoena?
23 no longer in existence.
25 earlier?
1 A. Yes.
3 A. Yes.
12 the jury:)
14 nearly through?
21 say in the grand jury. I don't see how this has any
2 they had two years after the fact about whether she
5 Highly prejudicial.
8 obstruction of justice --
12 it.
21 Honor.
23 BY MR. LEVITT:
2 A. Yes, I did.
7 Sustained -- overruled.
9 BY MR. LEVITT:
19 A. No.
20 Q. Have you had any contact with Sean Bucci and his
22 A. No.
24 A. Yes, I did.
1 A. Yes.
2 Q. How long?
5 A. 2003.
7 A. 2003.
9 Bucci?
12 A. No.
14 CROSS-EXAMINATION
15 BY MS. BYRNE:
17 A. Yes, I am.
19 correct?
20 A. Yes, I am.
23 A. Uh-huh.
2 Q. June 4th.
6 did you?
7 A. No.
10 A. No.
14 yes.
16 approximate?
19 A. Estimated.
20 Q. Estimated.
21 A. Correct.
22 Q. And when you did see him, you didn't bring him the
23 money box -- box of money on one day and then the safes
24 on another day; you brought him the box of money and the
3 A. Eric Carbone.
5 A. Yes.
8 A. Yes.
11 A. Yes.
12 Q. The first time you went to the grand jury you were
16 A. Yes.
21 asked me a question.
4 attorney, right?
7 grand jury?
8 A. Elliot Weinstein.
9 Q. All right. And when you -- and you went into the
10 grand jury and you pled the Fifth, as you said, and then
13 A. That's correct.
19 A. Yes.
21 right?
22 A. Yes.
1 A. Yes.
3 A. Yes.
5 A. Yes.
7 A. Uh-huh.
8 Q. Now, today you testified that when you took the box
11 A. That's correct.
14 A. Yes.
16 A. That is.
17 Q. -- correct?
18 And when you did testify at the grand jury with that
20 A. Yes.
1 BY MS. BYRNE:
12 A. Right.
14 A. Okay.
18 BY MS. BYRNE:
2 "ANSWER: Money.
8 Q. Now, when you went to the grand jury, you had met
10 A. Uh-huh.
12 grand jury the second time, did you know that there
16 A. Yes.
19 A. Yes.
22 A. That's correct.
2 BY MS. BYRNE:
5 if you lied --
6 A. That is correct.
7 Q. -- right?
9 jury, right?
10 A. I was.
18 asking.
19 A. Sure.
24 question I did.
11 A. That's correct.
14 that page.
15 A. Line 17 to 25.
18 jury, okay?
19 "ANSWER: Okay."
21 A. Yes, I did.
24 A. Apparently I didn't.
1 A. That's correct.
4 A. That's correct.
5 Q. And you also told the grand jury that the day that
15 A. That's fine.
18 A. Right.
24 Q. Uh-huh.
25 A. No.
2 marijuana, right?
3 A. Yup.
5 A. Yes, I did.
7 right?
8 A. That's correct.
10 A. Yup.
12 A. Yes, I did.
13 Q. -- right?
15 A. Absolutely.
17 A. Yes.
18 Q. -- right?
23 A. Yes.
25 Fitzpatrick, right?
3 injured, right?
8 A. Yes.
11 A. That's correct.
13 testimony, right?
14 A. Yes.
21 A. Correct.
23 jury, right?
24 A. Yes.
2 A. Yes.
5 A. Yes.
6 Q. And he told you the same thing: Just tell the truth
8 A. That's correct.
13 A. Yes.
16 A. That's correct.
18 committing perjury and had been told the only thing you
24 "ANSWER: Yes.
2 smoking?
8 jury.
11 A. Absolutely.
14 was selling."
16 "ANSWER: Yes.
20 Every day?
24 "QUESTION: Yes.
3 You were asked, "How many items did you see?" Line
4 19.
14 BY MS. BYRNE:
17 one," correct?
18 A. That's correct.
21 A. Correct.
25 correct?
3 ma'am?
4 A. Yes.
6 A. That is correct.
9 than that?"
12 yes.
21 Q. You were asked, "Is there any time when you saw more
23 A. Yes.
2 A. Yup.
7 A. Yes.
12 A. Yup.
14 grand jury, right, and you went out and talked to the
15 lawyer?
17 Q. And when you went out and spoke to the lawyer, the
19 right?
20 A. Yes.
22 A. Uh-huh. Correct.
25 right?
1 A. Yes.
4 about that?"
15 A. I did.
17 "QUESTION" --
22 A. Yes.
24 A. That's correct.
2 say more than five, less than ten. You can say 20 to
3 30."
5 don't know.
9 A. That's correct.
11 A. Yes.
16 Around that --
19 correct?
20 A. Yes.
22 approximately correct?
25 But between 2002 and 2003 you were living with Sean
1 Bucci, right?
2 A. Yup.
4 A. Yes, I did.
7 A. At a time.
8 Q. At a time?
9 A. Uh-huh.
11 A. Potentially, yes.
12 Q. Excuse me?
16 A. Correct.
19 right?
20 A. Yes.
22 A. That's correct.
24 A. Yes.
2 A. No.
4 right?
5 A. Yes, I did.
7 right?
8 A. Yes.
10 A. Yes.
12 A. Yes.
16 A. That's correct.
19 A. Yup.
21 A. Yes, I did.
22 Q. Carefully, right?
23 A. Very.
24 Q. And then you used this money, which you knew was
1 A. Yes.
5 A. Yeah.
7 payments, right?
8 A. Yes, I did.
11 A. That's correct.
14 A. Yes, I do.
16 immunity, right?
17 A. That's correct.
20 A. Yes.
25 A. No.
2 A. No.
4 you, ma'am?
8 A. Yes.
11 correct?
12 A. That's right.
14 A. Yup.
15 Q. And now the only way that you're facing prison time
16 is if you lie?
17 A. That's correct.
22 A. That's correct.
25 A. Yes.
2 testimony, right?
3 A. Several times.
12 A. Yes.
14 you, right?
19 Q. Did not.
20 A. Yes.
23 A. That's correct.
1 A. I guess not.
4 A. Right.
20 BY MS. BYRNE:
24 mean?
1 BY MS. BYRNE:
5 jury?
10 accused you of lying at the grand jury when you met with
13 extent.
17 that?
25 Q. Right.
6 A. Yes.
11 A. I know it now.
21 before the grand jury." That was it. That was simply
22 stated.
1 right?
2 A. I hope so.
5 A. Yes.
7 occasions, right?
11 A. That's right.
14 A. Yes.
16 time on February 6th, right? The last time you met with
17 the prosecutors was the first time you told them that
19 marijuana, right?
24 today, right?
25 A. That's correct.
2 A. Yes.
4 right?
15 Q. And the first time you met was about two weeks
17 A. Yup.
18 Q. And when you met the first time, you had a long
20 A. Yes.
23 A. That's correct.
25 A. Yes.
2 A. Yes.
5 right?
8 Q. Well, you didn't tell them that you sold five to ten
11 A. I don't recall.
14 them that.
16 A. Sure.
21 (There is a pause.)
24 yourself?
4 the record --
7 up to.
11 F.
13 you.
15 is that?
17 identification.
19 identification.)
20 BY MS. BYRNE:
22 yourself.
23 A. "Ms. Genduso" --
24 Q. To yourself, ma'am.
4 BY MS. BYRNE:
7 6, 2007, correct?
8 A. That's correct.
9 Q. And --
11 BY MS. BYRNE:
13 Levitt, right?
14 A. Yes.
18 A. Yes.
21 A. Yes.
7 BY MS. BYRNE:
14 2007?
15 A. Yes.
16 Q. And in fact, what you said was you sold about five
19 A. Yes.
20 Q. And you also told Mr. Levitt that later you sold Tim
22 A. Yes.
24 identification as well?
25 THE COURT: G?
3 identification.)
9 recollection.
12 your Honor, but I'm happy to ask her again if she has a
13 memory.
16 again, please?
17 BY MS. BYRNE:
19 February 6th --
20 A. Yes.
23 right?
25 Q. I'm just asking you from your own memory right now.
1 A. Yes. Yes.
2 Q. Right? And at that time you told them you only ever
9 February 16th?
10 A. No.
14 that to yourself.
15 A. (Witness complies.)
18 Tim?
19 A. Yes.
23 A. Yes.
5 2007, right?
7 Q. When they asked you how much marijuana did you sell
13 marijuana that you sold to Tim when you met with them on
15 A. Right.
18 A. Yes.
20 A. Yes.
21 Q. Correct?
22 A. Correct.
3 A. Yes.
7 possibly.
15 Q. Of 2004?
18 A. Yes.
20 right?
21 A. Correct.
23 A. Correct.
1 A. Yes.
15 already, right?
16 A. That's correct.
19 A. When?
20 Q. All right. Well, you now say that you took that box
22 A. Yes.
25 right?
1 A. Correct.
3 right?
4 A. As I recall, yes.
8 apartment?
9 A. Yes.
11 A. Yes.
16 A. Yes.
17 Q. -- right?
18 And that you left the box of money and two safes at
20 A. Yes.
22 right?
23 A. Yes.
25 right?
1 A. Right.
3 Zerola, right?
4 A. Yes.
10 A. That's correct.
12 A. Yes.
15 A. Uh-huh.
17 A. Uh-huh.
18 Q. And you asked him to pay Mr. Natola from the box,
20 A. Right.
23 A. Yes.
2 A. Uh-huh.
9 A. Yes, I did.
12 else.
14 A. That's correct.
16 one thing that you had to do here was to tell the truth,
17 right?
19 them.
6 Q. What you said on the 16th was that you took the
8 A. Uh-huh.
12 Q. I'm not asking you what you left out. I'm just
16 Q. And then you took the safes and the box of money to
21 Q. And you told them that you took $50,000 -- you took
23 right?
24 A. That's correct.
2 A. Right. Because --
9 in Lynn, right?
10 A. Yes.
12 A. Yes.
15 Q. Well, you just said that you just left out a few --
17 You just said that you just left out a few things,
18 right?
19 A. Right.
21 didn't you?
1 me.
9 so...
11 here.
12 A. Sure.
16 Q. Thank you.
19 A. Yeah.
24 A. Right.
1 A. Right.
3 cash, that you had taken out of the box of money. And
5 A. Nope, it didn't.
6 Q. That's the story that you told Mr. Levitt and Agent
7 Willoughby, right?
8 A. Right.
10 months later again you went and got $25,000 from the box
13 right?
14 A. Right.
15 Q. You told them that one or two months later you got
17 yourself, correct?
19 weeks?
20 Q. Well --
23 weeks?
24 A. I don't know.
5 ma'am, to yourself.
6 A. (Witness complies.)
7 Q. Right.
12 A. Yes.
15 A. Yes.
18 never happened at all that you took the money and met
20 A. That's right.
23 A. Yes.
1 A. Yes.
3 A. Correct.
6 right?
7 A. Yes.
10 Centerfolds, right?
11 A. Yes.
13 A. Yes.
15 A. Yes.
18 A. That's correct.
21 A. Yes.
4 A. Yes.
6 correct?
8 the dot.
10 it?
11 A. Yes.
14 A. In Middleton, Mass.
16 not --
17 A. Yes. Yes.
19 account?
22 Q. And also, while you were living with Mr. Bucci you
2 right?
3 A. Yes.
6 A. Yes.
8 A. Yes.
9 Q. Jay Carnes?
10 A. Yup.
11 Q. Eric Remens?
12 A. Yup.
14 A. Warren Sullivan.
16 A. Yes.
18 rent, correct?
19 A. Yes.
21 A. Yes.
1 A. No.
3 A. No.
5 Honor?
6 (There is a pause.)
18 the jury:)
22 half-hour?
6 by noon tomorrow?
12 witnesses.
22 heavy day.
9 tell you.
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1 C E R T I F I C A T E
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MARCIA G. PATRISSO, RPR, CRR
12 Official Court Reporter
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