February 10, 1977, Massino himself took the witness stand before Judge Neaher in the Brooklyn federal court. Since Mastropieri had brought the motion to get his client’s statements tossed out as evidence, it was Massino who testified on direct examination.
Massino’s testimony was fairly brief. He remembered being arrested by Agent Colgan on March 11, 1975, and then asking why he was being taken into custody.
“What did he say to you and what did you say to him at the time he placed you under arrest?” Mastropieri asked.
“I told him, ‘What am I under arrest for,’ and he said, ‘You will find out.’ He handcuffed me and put me in a car and they took me away,” Massino said.
In the car, Massino said he sat with two other agents but said they didn’t advise him of his rights. At FBI headquarters in Manhattan near Sixty-ninth Street Massino said some agents gave him some paper but he pushed it back to them, unread.
“Did he ask you to sign that paper?” Mastropieri asked.
“No, he did not,” replied Massino.
“You heard the testimony over the course of the last two days,” Mastropieri finally said. “At any time were you given your rights by any one of the agents that testified here in court?”
“No, I was never given my rights,” answered Massino.
Assistant U.S. Attorney Jonathan Marks then asked Massino if he knew before the arrest date that he had a right to remain silent if asked questions by the FBI.
“Only from watching television,” said Massino.
“Well, did you understand that you had a right to remain silent?” Marks pressed.
“I was never told of it,” Massino replied.
While a person may know, even from television shows, about the Miranda rights, the law remains clear that the arresting officers or agents have to explicitly advise a defendant, no matter how widely known those warnings have become in popular culture. By insisting that he had never been warned as required by Miranda, Massino was saying the FBI had screwed up on something fairly significant.
Marks continued to press Massino, showing him a document that court records indicate may have been either a standard form that listed the Miranda warnings or perhaps a waiver of the right to be Mirandized. But Massino stuck to his story and said that while he remembered an agent shoving a piece of paper at him at the FBI offices he didn’t read it.
“How long did you have that piece of paper in front of you,” asked Marks.
“Just put it in front of me. He says, ‘Look at it.’ I said, ‘I don’t look at anything. I don’t do nothing,’” Massino said.
FBI agent Richard Redman, who rode in the bureau car with Massino back to Manhattan, gave a different story. Massino was not only advised of his rights in the car but also he said he understood them, Redman testified. During the drive to the FBI offices, Massino said he knew Wean for over twenty years and explained that the reason he drove away when Colgan spotted him in the Cadillac was that “I had to take a shit and I told him [Colgan] I would go and come back,” said Redman.
At the FBI offices, according to Redman, Massino turned chatty and told the agents they really had Wean good when they caught him with the truck. When asked why he drove his Cadillac alongside the truck as Wean was driving, Massino responded that he had to tell his friend that the FBI was following him and “I had to shout at the dumb fuck because he didn’t hear me,” Redman remembered Massino saying.
In essence, Massino testified that he was never given his Miranda rights by the FBI. The government contended that Massino volunteered the remarks he made to Redman and the other agents and so the Miranda rule didn’t apply. In the end, Judge Neaher said that since the agents had continued to question Massino after he said he didn’t want to talk and wouldn’t sign the form the court would suppress any statements Massino made the day he was arrested. Since the government’s case
Massino’s testimony was fairly brief. He remembered being arrested by Agent Colgan on March 11, 1975, and then asking why he was being taken into custody.
“What did he say to you and what did you say to him at the time he placed you under arrest?” Mastropieri asked.
“I told him, ‘What am I under arrest for,’ and he said, ‘You will find out.’ He handcuffed me and put me in a car and they took me away,” Massino said.
In the car, Massino said he sat with two other agents but said they didn’t advise him of his rights. At FBI headquarters in Manhattan near Sixty-ninth Street Massino said some agents gave him some paper but he pushed it back to them, unread.
“Did he ask you to sign that paper?” Mastropieri asked.
“No, he did not,” replied Massino.
“You heard the testimony over the course of the last two days,” Mastropieri finally said. “At any time were you given your rights by any one of the agents that testified here in court?”
“No, I was never given my rights,” answered Massino.
Assistant U.S. Attorney Jonathan Marks then asked Massino if he knew before the arrest date that he had a right to remain silent if asked questions by the FBI.
“Only from watching television,” said Massino.
“Well, did you understand that you had a right to remain silent?” Marks pressed.
“I was never told of it,” Massino replied.
While a person may know, even from television shows, about the Miranda rights, the law remains clear that the arresting officers or agents have to explicitly advise a defendant, no matter how widely known those warnings have become in popular culture. By insisting that he had never been warned as required by Miranda, Massino was saying the FBI had screwed up on something fairly significant.
Marks continued to press Massino, showing him a document that court records indicate may have been either a standard form that listed the Miranda warnings or perhaps a waiver of the right to be Mirandized. But Massino stuck to his story and said that while he remembered an agent shoving a piece of paper at him at the FBI offices he didn’t read it.
“How long did you have that piece of paper in front of you,” asked Marks.
“Just put it in front of me. He says, ‘Look at it.’ I said, ‘I don’t look at anything. I don’t do nothing,’” Massino said.
FBI agent Richard Redman, who rode in the bureau car with Massino back to Manhattan, gave a different story. Massino was not only advised of his rights in the car but also he said he understood them, Redman testified. During the drive to the FBI offices, Massino said he knew Wean for over twenty years and explained that the reason he drove away when Colgan spotted him in the Cadillac was that “I had to take a shit and I told him [Colgan] I would go and come back,” said Redman.
At the FBI offices, according to Redman, Massino turned chatty and told the agents they really had Wean good when they caught him with the truck. When asked why he drove his Cadillac alongside the truck as Wean was driving, Massino responded that he had to tell his friend that the FBI was following him and “I had to shout at the dumb fuck because he didn’t hear me,” Redman remembered Massino saying.
In essence, Massino testified that he was never given his Miranda rights by the FBI. The government contended that Massino volunteered the remarks he made to Redman and the other agents and so the Miranda rule didn’t apply. In the end, Judge Neaher said that since the agents had continued to question Massino after he said he didn’t want to talk and wouldn’t sign the form the court would suppress any statements Massino made the day he was arrested. Since the government’s case
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