THE MONSON CASE: A CRITICAL OVERVIEW

   CONTENTS:
    ABSTRACT
    METHODS
    CASE OVERVIEW
        The Eye Witness Accounts
        The Forensic Evidence
        The McGohan Statement
        The Star Witness
        The Mystery Caller
        The Altered Police Report
        David Weinstein et al.
    RESULTS
    DISCUSSION
    REFERENCES

ADDENDUM
Letter to James Vargeson, D.A.
The Komanecky Interview
The Bertonica Interview
Monserrate's Ruling
PUBLIC OPINION
MEDIA E-MAIL
POLITICAL E-MAIL

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The Star Witness

Within a week of Thomas Calescibetta’s arrest on perjury and contempt charges, his court-appointed attorney, David Weinstein, told representatives of the media that his client was "not guilty of any charges of any type in this case," and that a polygraph test would prove his client had told everything that he knew about the death of Julie Monson to the grand jury in October of 1984. This article appeared in the Cayuga-Seneca section of the Syracuse Post-Standard on June 21, 1985:

"My client contents he is not guilty of any charges of any type in this case," Weinstein said. "The (lie detector) test would bolster his case … but they said no.  I was extremely surprised they didn’t grab at the opportunity. (SW-4)

This was District Attorney Paul Carbonaro’s response to Mr. Weinstein’s offer:

"From past dealings with Mr. Weinstein, he offers the polygraph when he has a weak case and has everything to gain and nothing to lose," Carbonaro said. (SW-5)

He added that, "in this particular instance, the jury should make a determination of guilt, not a machine." (SW-6)

• David Weinstein was also the court-appointed lawyer for four other prosecution witnesses.

This is how Mr. Weinstein reacted:

"My client is being unjustly prosecuted in the hope of forcing him to say something he doesn’t know or to give information he doesn’t have," Weinstein said. "They are barking up the wrong tree." (SW-7)

However:

"…Weinstein declined to explain or comment on McGohan’s statement to police. (SW-8)

According to an affidavit signed by McGohan last week, Calescibetta was discussing the Monson case with her last January when he said "If Tommy (meaning Thomas Bianco) goes to prison, I’m going too." (SW-9)

On August 14, 1985 this article appeared on the front page of the Auburn Citizen:

Two other counts against Calescibetta, criminal mischief, a felony, and obstructing governmental administration, a misdemeanor, is pending in city court. (SW-13)

A close friend of the defendant for many years, Thomas Calescibetta’s testimony during the trial was unquestionably the most persuasive and the most damaging. This article appeared in the Auburn Citizen on March 3, 1986:

Calescibetta told jurors Bianco said he was with Monson, Sept. 26, 1981, the last night she was seen alive. Bianco said he "wanted to get laid," Calescibetta said. (SW-16)

While he was on the witness stand, Calescibetta:

… admitted he lied to the grand jury in … 1984 and was arrested the following June for perjury and contempt of court. (SW-17)

Under questioning by defense attorney, Joseph Fahey, Calescibetta also admitted that:

… he’s told several different versions of Bianco’s admission. (SW-18)

The following article appeared in the Auburn Citizen on March 7, 1986. It gives the clearest account of what occurred when Thomas Calescibetta’s former girlfriend, Bonnie McGohan took the witness stand:

Crew, however, would not allow her to reveal those discussions to jurors …. (SW-23)

Please read this next paragraph very carefully:

McGohan, interviewed after her testimony, said she did not recall whether Calescibetta mentioned a deal being struck with the district attorney. Then she said, "I don’t really want to say." (SW-24)

The excerpts you are about to read which include additional background information, were taken from a column in the Auburn Citizen written by Steve Collins. The column appeared in that newspaper on April 7, 1991:

County Legislator, Don Brandstetter, R-Auburn, came under attack in legal papers Filed recently by lawyers for convicted killer Thomas Bianco. (SW-25)

In the motion papers, the former state police investigator-turned-politician, is accused of threatening to file charges against a key witness unless the man lied under oath against Bianco. (SW-26)

Bazarnik said he had no intention of testifying about any confession "and would not have done so had he not been coerced and threatened by Investigator Brandstetter" the motion says. (SW-28)

The motion papers also accuse former state police investigator Brandstetter of trying to:

… force the girlfriend of the prosecution’s other key witness, Thomas Calescibetta, into signing a false statement. (SW-29)

Following Bianco’s conviction in 1986, the papers claim, Brandstetter phoned Bonnie McGohan and asked her to come down to the police station. (SW-30)

The motion says Brandstetter was concerned that Bianco’s conviction would be overturned on appeal, "so he asked Ms. McGohan to sign an affidavit stating that Thomas Calescibetta testified truthfully at trial." (SW-31)

McGohan told Brandstetter her boyfriend’s testimony had been false, the motion claims. (SW-32)

But Brandstetter persisted to try to get her to sign the statement, papers say. (SW-33)

She continued to refuse and eventually he gave up, the motion says. (SW-34)

The incidents described below were taken from the police and city court sections of the Auburn Citizen:

Police

Thomas Calescibetta, 21, 22 Jefferson St., charged Thursday with harassment and criminal trespass, allegedly entering complainant Bonnie McGohan’s apartment about 3 am Thursday through a window, choking and hitting her, then falling asleep in the bedroom. (SW-35)

5/29/86

City Court

Thomas Calescibetta, 22, 22 Jefferson St., pleaded not guilty Friday to May 29 charges of second degree criminal trespass and harassment: allegedly entering and remaining unlawfully in the apartment of complainant Bonnie McGohan, striking and choking her. His case was adjourned in contemplation of dismissal on the recommendation of the district attorney’s office. (SW-36)

8/24/86

Police

Thomas Calescibetta, 7 McMaster St., charged Sunday with fourth degree criminal mischief and second degree criminal trespass; allegedly entering a Mattie Street residence via a second story window, took inner door off hinges, broke a window, and ripped the screen on an interior door and remained until removed by police. (SW-37)

10/6/86

City Court

Thomas Calescibetta, 22, 7 McMaster St., pleaded guilty Wednesday to trespass, reduced on the recommendation of the district attorney’s office from the Oct. 5 charge of second-degree criminal trespass … he was given a conditional discharge and ordered to make restitution. (SW-38)

12/18/86

These three paragraphs were taken from an article that appeared on the front page of the Syracuse Post-Standard on March 29, 1991:

Calescibetta’s former girlfriend told Bianco’s lawyers in a taped interview in 1987 that Calescibetta had admitted to lying at Bianco’s trial. (SW-39)

In late 1985 Calescibetta cried, "… I’m sending an innocent man to prison." (SW-40)

Calescibetta indicated he lied about Bianco’s confession because he was afraid he might be charged with murdering Monson, McGohan said in the taped interview. (SW-41)

• Bianco’s attorneys used McGohan’s statement in their 1991 appeal to New York State Supreme Court Justice Patrick Monserrate.

This article appeared on the front page of the Auburn Citizen on March 29, 1991:

Sweeting’s statement adds that Calescibetta cleared Bianco of any involvement in Monson’s disappearance or death. (SW-47)

In his affidavit, Mark Sweeting also states that he:

… went to Carbonaro after his talk with Calescibetta … but the district attorney "intentionally deleted all references to the individuals Calescibetta implicated, the places Calescibetta claimed the crimes took place at, and the information exonerating the defendant." (SW-48)

In addition, Carbonaro "told Sweeting he was not to mention John Corning’s name before either Judge Corning or the grand jury. Soon after Sweeting cooperated with … Carbonaro, Carbonaro helped obtain Sweeting’s release from jail under the guise that Sweeting’s safety may be in danger," the motion reads. (SW-49)

• According to testimony given by Dr. Dudley J. Raynal, a professor of botany at the State University College of Environmental Science and Forestry in Syracuse, plant material growing through Monson’s remains and clothing indicated that the body was moved to the site between September, 1981 and early spring of 1982.

• FBI Special Agent Ronald Rawalt testified that his microscopic analysis found a large mount of "fine, sandy soil" that adhered to Monson’s sweater when it came in contact with body fluids during decomposition. He also testified that this soil did not match the "silty, medium-fine soil" where the body was found.

• State police investigator Richard McOmber testified that "a pin on Monson’s belt buckle was bent."

• On December 23, 1982, attorney Charles Avery announced that his clients, Bill and Melba Monson had nearly tripled the reward for information concerning the disappearance of their daughter. The original amount was $10,000. Their new offer of $28,000 began with this public announcement and would be withdrawn on July 1, 1983 if no information was received.

This information appeared in the police section of the Auburn Citizen on November 16, 1982.

AUBURN – An Auburn man was committed to jail on $5,000 cash bail Monday after he led city and state police on a high-speed chase. (SW-50)

James T. Vasile, 33, 105 Washington Street was charged with reckless driving, failure to comply, obstructing governmental administration, avoiding a traffic device, and two counts of speeding after troopers stopped him in Aurelius. (SW-51)

The chase started at about 5:30 p.m. at an Orchard Street residence, after police reportedly responded to a complaint that Vasile was creating a disturbance. When patrolmen tried to discuss the complaint with him, Vasile got in his car and drove away. (SW-52)

State police stopped him about 10 minutes later at the intersection of West Genesee Street and Half Acre roads. Vasile was arraigned before City Judge James Cuddy, who set bail and adjourned the case. (SW-53)

This information appeared in the police section of the Auburn Citizen on December 26, 1982.

AUBURN- Sheriff’s deputies arrested an Auburn man on a warrant issued by the Seneca County town of Varick Saturday. (SW-54)

James T. Vasile, 33, 105 Washington Street was charged with aggravated harassment. He was committed to the Seneca County jail pending a mental evaluation. (SW-55)

This excerpt was taken from a chronology that was published in the Auburn Citizen on February 7, 1986.

Jan. 13 – James Vasile, 33, is under evaluation at Hutchings Psychiatric Center in Syracuse after he threatened to "get people" who he thought made incriminating statements in the Monson case. (SW-56)

These paragraphs were taken from an article that appeared in the Auburn Citizen on July 12, 1992.

Vasile – who also testified before the grand jury – died of a gunshot wound to the stomach about three months before Bianco’s trial began. (SW-57)

William Farrell, who was then coroner, ruled the death a suicide. Vasile, a car salesman, died at his Washington Street home after a failed attempt to reach his wife at a battered women’s shelter by phone. (SW-58)

The Cheche Funeral Home handled the funeral arrangements …. (SW-59)

Fahey wants the court to order Vasile’s autopsy reports released to him for copying. (SW-60)

"… The gunshot wound may not have been self-inflicted," he and other defense attorneys wrote in the motion. The papers say Coroner Janice Ross has refused to release the documents under the Freedom of Information Act unless she is served with a court order. (SW-61)

In a meeting with state police on March 27, 1992, less than 30 days after a new trial was ordered, Thomas Calescibetta told investigator Jack Stenberg that the testimony he gave at the defendant’s trial was not the truth. He also stated that he had been coerced. These paragraphs were taken from an article that was written by Neil McAndrew and appeared on the front page of the Syracuse Post-Standard on January 22, 1993:

The star witness against convicted murderer Thomas Bianco has told state police he lied seven years ago at Bianco’s trial. (SW-62)

State police investigator Jack Stenberg’s report states Calescibetta said he lied about Bianco to the grand jury and trial jury after being pressured by District Attorney, Paul Carbonaro. (SW-63)

His attorney at the time, David Weinstein of Auburn, told him how Carbonaro wanted him to testify, according to Calescibetta. Calescibetta said Weinstein told him if he did not testify as Carbonaro wanted, Carbonaro would get him imprisoned for at least seven years on a perjury charge or would charge with murdering Monson, according to Stenberg’s report. (SW-64)

This is how Paul Carbonaro and David Weinstein responded:

Carbonaro and Weinstein who now are law partners, both denied Thursday that Calescibetta was pressured to testify falsely. (SW-65)

This headline appeared on the front page of the Syracuse Post-Standard on January 28, 1993:

AUBURN- When the Cayuga County district attorney argued before the Appellate court in September that Thomas Bianco should be returned to prison, he knew a key witness against Bianco had recanted his testimony five months earlier. (SW-66)

District Attorney James Vargason did not tell the court about the recantation and he informed Bianco’s attorney Joseph Fahey of it November 27 – two months after the court sent Bianco back to prison (SW-67)

Vargason said he did nothing wrong. "I didn’t have any obligation to give it to him [Fahey] before then," Vargason said. (SW-68)

Fahey claimed that when both sides argued their cases before the appellate court in September, Vargason "repeatedly pounded on the podium and said that Calescibetta’s testimony alone was more than ample" to uphold Bianco’s conviction. (SW-69)

"He did that at a time when he knew Calescibetta had informed both himself and state police that trial testimony was false," Fahey said. (SW-70)

Vargason noted that Calescibetta did not give state police Investigator Jack Stenberg a written statement and did not sign a typed version of their conversation.  (SW-71)

Fahey alleged Wednesday that the only reason Calescibetta didn’t provide state police with a written and signed statement is that Vargason threatened to prosecute Calescibetta for perjury if he made a written statement. (SW-72)

"The only thing I will say is that, as district attorney, it is my responsibility and duty to prosecute anyone who perjures themselves," Vargason said. (SW-73)

Travis Lewin, a professor of law at Syracuse University since 1967, said Vargason’s decision was legally defensible, but ethically questionable. (SW-74)

"Technically, the DA is right," Lewis said. "He isn’t required to bring it forward.  But I don’t like it and I’d be raising hell about it if I was a defense lawyer." (SW-75)

In an interview with reporter Jackie Majerus that was published in the Auburn Citizen on March 29, 1991, David Weinstein gave this account of how he obtained Calescibetta’s statement. Please read these three paragraphs very carefully:

This morning, Weinstein said, "It’s not as clear in my memory as I wish it was," but called the charges in the motion "stupid" and "absolute nonsense." (SW-76)

Weinstein said that before he ever spoke with Calescibetta, Carbonaro already had statements from others in the jail who claimed Calescibetta had told them Bianco confessed to the Monson murder. (SW-77)

"I went in saying, "This is what they say you say – do you want to cooperate or not?" Weinstein recalled. "I talked to him after the statements had already been made."  (SW-78)

In an interview with reporter Jackie Majerus that was published in the Auburn Citizen on April 3, 1991, John Corning gave this account of a telephone conversation that his father Cayuga County Court Judge Peter Corning had with defense attorney William Lynn in May of 1982:

Corning said he recently heard from his father about the conversation with Lynn. He said his dad kept the conversation private until last week’s motion named his son.  (SW-79)

"My father knew that Lynn called him in confidence," John Corning said. "At the time we didn’t blame Mr. Lynn for the rumors, we blamed the community for starting the rumors because of who I was." (SW-80)

John Corning said Lynn told his father Bianco had admitted killing Monson and that he [Lynn] believed Bianco had killed her. Lynn asked Judge Corning to contact Tisci and asked that he hold off arresting Bianco for a few days, John Corning said, so Bianco could be persuaded to disclose the location of Monson’s body. (SW-81)

"Lynn told my father that Bianco would surrender himself and a plea arrangement would be worked out," John Corning said. (SW-82)

Judge Corning confirmed his son’s version of the conversation with Lynn, but would not address the issue himself. (SW-83)

"I am not at liberty – by cannons of ethics – to comment on the pending matter,"  the elder Corning said. "We consider the allegations made to be an attack against the family. I confirm the accuracy of my son’s statement." (SW-84)

This is how David Weinstein reacted to the allegations made about Judge Corning’s son. This quote was taken from an article that appeared on the front page of the Auburn Citizen on August 13, 1992:

"John Corning is a diversionary tactic to take people’s minds off the true issue, the true culprit," Weinstein fumed, claiming there is no real evidence against the judge’s son. (SW-85)

This article appeared on the front page of the Syracuse Post-Standard on May 17, 1986, less than two months after a jury convicted Thomas Bianco of murder:

AUBURN – Friday’s dismissal of most criminal charges against the son of Cayuga County Court Judge Peter E. Corning drew angry comment from Auburn’s police chief who said the county’s chief prosecutor "doesn’t have guts." (SW-86)

Cayuga County District Attorney Paul A. Carbonaro denied it was a case of favoritism. He said police botched the investigation by failing to interview important witnesses and by providing questionable evidence. (SW-87)

John T. Corning, 21, of 1 Swift St., pleaded guilty Friday in city court to disorderly conduct, a misdemeanor. Judge James G. Cuddy dismissed more serious charges of second-degree felony assault and resisting arrest filed June 30 when Corning was accused of attacking a police officer. A conditional discharge was granted for a harassment charge from an unrelated incident. (SW-88)

"He doesn’t have the guts to let the grand jury decide whether the police officers met their obligations. I’m glad he has more wisdom than the grand jury," Costello said. "I think the term for this is hollow justice." (SW-89)

Costello wanted Carbonaro to take no action until the U.S. Justice Department issued its findings from an FBI investigation into allegations that police used excessive force when they arrested Corning. The district attorney requested the probe in January, and a report is due soon. (SW-90)

Corning was arrested about 3 am June 30 after he was stopped for an alleged open container violation … (SW-91)

Police reported that Corning, while being placed into custody, punched officer Charles Elser in the face and later kicked him in the groin. Corning suffered minor facial injuries. Elser was treated for a chipped tooth. (SW-92)

Carbonaro said police may have used "selective prosecution" by arresting only Corning for the open container, although others were drinking nearby. (SW-93)

"I requested that statements be taken and I was supplied with four – and the statements indicated a serious problem in proving my case about what happened," Carbonaro said. (SW-94)

Some patrons contradicted officers who said Corning was aware he was under arrest for the open container violation, Carbonaro said. (SW-95)

Please read this next paragraph very carefully:

The prosecution’s case was also weak because there was no medical proof of Elser’s groin injury, Carbonaro said, and another officer provided statements that contradicted Elser’s version of what occurred. Carbonaro refused to identify the second officer or provide details about his statements. (SW-96)

 

From Robert L. Schillagi, Research Specialist, IBEX Databases, Auburn, Syracuse and Rochester, New York.

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