| 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 Altered Police Report
The chronology below (excerpt) was published in The Auburn Citizen
on March 4, 1993. It outlines all of the legal events of any significance that occurred
from the time that a new trial was ordered on February 21, 1992 until the defendant’s
attorneys filed their last appeal on January 28, 1993.
February 21, 1992: After numerous appeals, Broome County Judge
Patrick Monserrate throws out Bianco’s conviction. He says that prosecutors withheld
evidence that might have altered the verdict. The judge rules Bianco never received a
"full, fair trial." But Monserrate leaves the grand jury indictment intact,
leaving brand-new District Attorney James Vargason with the option of ordering a new trial
or appealing the ruling. Vargason decides to appeal. Bianco is now eligible for bail. (AP-2)
March 27, 1992: Key prosecution witness Calescibetta recants his
testimony against Bianco at a meeting with state police. Calescibetta tells police he lied
to the grand jury and at trial about Bianco’s confession guilt to him. A state police
administered lie detector test is inconclusive. (AP-2)
April 17, 1992: Bianco is freed from state prison. (AP-3)
November 18, 1992: Bianco is jailed again after the state’s
second highest court reverses the lower court ruling, affirming the conviction. The judges
here say that though the prosecution did withhold evidence it wasn’t significant
enough to have swayed the jury’s verdict. (AP-4)
. . . . . . . . .
January 8, 1993: The state’s highest court, the Court of Appeals,
refuses to hear another appeal. Defense attorney Joseph Fahey announces there is new
information that has recently surfaced that will prove his client’s innocence. (AP-5)
January 28, 1993: Fahey files another appeal. He says Bianco deserves a new
trial because of Calescibetta’s recantation. He alleges Carbonaro coerced
Calescibetta by telling Calescibetta’s laywer, David Weinstein, that Calescibetta
will be prosecuted for perjury if he doesn’t testify. (AP-6)
A court of Appeals source, speaking on condition of anonymity, says the judges were
informed of, and considered, Calescibetta’s recantation during the last appeal and
discounted it. (AP-7)
The source adds that the court frowns on recanted testimony and doesn’t consider
it grounds for a new trial. (AP-8)
Fahey also alleges that Carbonaro altered a police report he submitted to the court
that could have shown another suspect, John Grossman, was with Monson the night of her
disappearance. Carbonaro denies the accusation. (AP-9)
On March 4, 1993 Judge Patrick Monserrate threw out the murder
conviction and the indictment against Thomas Bianco. This was the headline that appeared
on the front page of the Auburn Citizen:
BIANCO’S TRIAL TAINTED: HE’S
FREE
This headline appeared on the front page of the Syracuse
Post-Standard the following morning:
Judge: Corrupt DA Blew Case
Consider these excerpts from an article that was written by Michele
Locastro that appeared on the front page of The Auburn Citizen on March 4, 1993:
An appeals court judge stunned a Cayuga County court room this morning
when he threw out Thomas Bianco’s murder conviction and accused former District
Attorney Paul Carbonaro of professional misconduct and corruption. (AP-12)
"All forms of corruption share an odor of decay," Broome
County appeals Judge Patrick Monserrate said this morning. "It is corruption that has
preordained today’s events." (AP-13)
. . . . . . . . .
Equally stunning was District Attorney James Vargason’s announcement that he
will not re-try Bianco. Though Vargason said the Monson murder investigation will remain
open, he said too much time has passed for him to win a conviction with the available
evidence. (AP-14)
. . . . . . . . .
In a lengthy statement, Vargason … said that during an exhaustive examination
of the case papers, he discovered that in 1985 Carbonaro had withheld from the defense and
the trial judge part of a three-page police report that might have pointed to a different
suspect. (AP-15)
"I will not speculate why the entire report was not provided," Vargason said.
"It [suppression of the evidence] is indefensible." (AP-16)
. . . . . . . . .
Carbonaro and his former chief assistant, Dennis Sedor, insisted … that all the
information they had gathered on the case was turned over to the defense. (AP-17)
Monserrate chastised Carbonaro from the bench this morning. He said the failure of the
defense to receive the full police report denied Bianco a fair trial. (AP-18)
"Carbonaro lied – and he did so over and over," Monserrate said (AP-19)
"Very few people are good enough at it to get away with it forever." (AP-20)
. . . . . . . . .
- Vargason worked as a trial attorney for the law firm of Weinberg, Weinstein, Scollan
and Cannucciari for four years before being elected district attorney. He joined the firm
in 1982 while he was still in law school.
Please note the comments made by attorney David Weinstein in this
interview:
In an interview yesterday, noted defense attorney David Weinstein –
who once shared a law office with Vargason and is now Carbonaro’s law partner –
said he suspected Bianco was about to be released and that Vargason would not order a
second trial. (AP-22)
"He [Vargason] has robbed the community of the only chance
we’ll ever have to learn the truth and lift the clouds of mystery that surround this
case," Weinstein said. (AP-23)
. . . . . . . . .
Vargason said this morning that … he contacted the original trial judge, Bruce
Crew III, who provided the district attorney with the police report Carbonaro produced for
the trial. "It is clearly not the entire report," Vargason said. (AP-24)
He said the discovery doesn’t exonerate Bianco or point to anyone else’s
guilt. But he said, "those aren’t’ the issues." (AP-25)
This article appeared in the Syracuse Post-Standard on March 5,
1993. Please note that a total of 30 lines were missing from the detectives’ report
written on September 28, 1991.
Deleted Reference Scraps Conviction
By Lillie Wilson
The Post-Standard
Thomas Bianco- the accused murderer at the center of a legal hurricane for eight years
– finally went free Thursday because of 30 lines missing from a piece of paper. (AP-26)
A key witness against him had already recanted. Repeated appeals had bemoaned the
unfairness of his 1986 trial. And impassioned petitions demanded he be granted a new
trial. (AP-27)
. . . . . . . . .
In a scathing decision that skewered the former Cayuga County District Attorney, Paul
Carbonaro … Monserrate announced he was freeing Bianco because an Auburn Police
Department detectives’ report had been altered. (AP-28)
The change, which Monserrate called deliberate on the part of Carbonaro, excluded
witness William Komanecky’s tentative identification of another man, John Grossman,
as the dark figure he saw talking to Julie Monson. (AP-29)
- In February of 1993 volunteers collected over 10,000 signatures on a petition urging a
new trial for Thomas Bianco. The petition was signed by county legislators, corrections
officers, former state police officers and Carol Ford, one of the jurors who convicted
Bianco.
The detectives’ omitted lines read in part: "Later went to prison and did
pick up photo of (John) Grossman, an ex-con as Sgt. Komanecky thought that this could be
the man…." (AP-30)
Komanecky is a state corrections officer. (AP-31)
Grossman is now serving a prison term of 25-50 years for several violent felonies. (AP-32)
At the time of Monson’s disappearance, he was 28 years old, had a history of
arrests for violent crimes and had recently been released from the Auburn Correctional
Facility after serving a sentence for assaulting a woman with a gun. (AP-33)
. . . . . . . . .
Bianco’s attorney, Joseph E. Fahey, remembers vividly the day last year when he
realized a key police report in the Bianco case had been doctored by prosecutors years
earlier. (AP-34)
Fahey was in his Syracuse law office in May, reading through the new set of documents
previously submitted by Carbonaro. (AP-35)
Floored when I realized what they’d done. (AP-36)
Below, you will find the 30 lines that were deleted from the
detectives report. They were taken from an article that appeared in the Syracuse
Post-Standard on March 5, 1993. Please read these lines very carefully:
Deleted Material
1:40 p.m. Detailed to Old Columbian Rope Company to
meet Officer Malone. On arrival was shown a 1973 … station wagon 4725AAB owned by
John Grossman of 15 Fort St., Auburn, NY, a real light green wagon. (not beat up, but had
a few rust spots on same). Went into the American Challenger Corp, and did talk with John
Grossman and he said he was living with his girlfriend at 15 Fort St. and was with her the
weekend, and that he will be moving to 4 Garfield Place after the 1st of the
month. His girlfriend is Patricia Barto. Later went to Prison and did pick up photo
of Grossman, an ex-con. As Sgt. Komanecky thought that this could be the man, as subject
had attended CCCC. (AP-37)
Reported all this to Assistant Chief and Captain Tartaglia. (AP-38)
3:10 p.m. Talked with Donna Festa … girlfriend of Julie
Monson and she stated that Julie has smoked pot and last week did try speed, and described
her as a flirt and was a person that does not know how to say no. (See video tape) (AP-39)
3:25 p.m. Talked with Carol Hickey … she stated that she
was picked up by Julie on Saturday night September 26, 1981, between 9:20 and 9:30 p.m.
Also Ann Graney with them at first and they drove around for a while and to and drove by
Tinkers and then to Winners Circle and then to Stockade and then went to door and then
left and she and Julie went to Wegmans and did get … beer and drove around some more
and drank beer on Dunning Ave. They had taken Ann Graney home at 11:30 p.m. or 12. They
had been to home of Jim Scala early in the night. (Party * See video tape) (AP-40)
Note* Donna Festa stated that Julie had a thing for down and outers
(hippie type fellows). Also had been going out with Pete Aversa Jr. who went away to rock
concert over weekend. (AP-41)
Did William Komanecky identify John Grossman? According to the
report filed by Detective Carl Festa and Detective Anthony Longo, he identified a blue
station wagon. This is the original entry that they made on the second page of their
report. This excerpt was taken from an article that appeared in the Auburn Citizen on
March 5, 1993:
"He stated that at about 3 a.m. on Sunday … September 27,
1981, he came home and went into the house; and his son Andy and a friend of his, Frank
Busce, were watching TV; and they were in the living room; and they heard a vehicle slow
down; and he looked out the window and he did see a little red car and an old blue station
wagon, maybe a Pontiac and Chevrolet station wagon, maybe a 1968, 70 or 71 model; and he
described the older station wagon as a piece of junk. He said the station wagon pulled up
behind the Chevette, and a man got out of the old junk and looked under the red car, and
then a girl got out of the red car and she looked under the car, and then the girl got out
on the road and looked around. (AP-42)
Then he said the man and the girl talked for a long while and the girl
got into the old beat-up station wagon and they left, leaving the red car parked on
Prospect Street. (The Auburn Citizen) (AP-43)
The words "Pontiac and Chevrolet station wagon" appear as they were written in
the detectives’ report.
On March 10, 1993 this headline appeared on the front page of the
Auburn Citizen:
Police Official Supports Monson Witness
Michele Locastro
The Citizen
The police official who initially oversaw the Julie Monson murder
investigation confirmed what a key witness told the Citizen last weekend. (AP-44)
Auburn Assistant Police Chief, Carmen Bertonica said that William
Komanecky never identified an ex-con named John Grossman as the man who stood with Julie
Monson …. (AP-45)
. . . . . . . . .
Bertonica said it was a police officer who thought Komanecky’s
description of one of the three cars he saw in front of his house that night was similar
to a car driven by Grossman …. (AP-46)
When William Komanecky testified at Bianco’s trial, he never
mentioned John Grossman’s name when he was on the witness stand, but:
… he did testify that the station wagon
he initially described to police- the one that could have placed Grossman at the scene
– belonged to Busce. (AP-47)
He said he wasn’t aware of that fact when police first questioned
him because Busce normally parked in a different spot and not in front of the house. (AP-48)
Bertonica said, "Komanecky never said
"this is the guy" or anything like that. (AP-49)
But because of the similarity of Grossman’s car
to the one seen on the street, Bertonica said, police investigated Groomsman and found
nothing to link him to Monson’s disappearance. (AP-50)
And he said, Grossman had an "airtight"
alibi. (AP-51)
Please note Assistant Police Chief Carmen Bertonica’s reference
to an "airtight" alibi in the last sentence.
James Vargason, Cayuga County’s current district attorney said:
… it is irrelevant whether or not
Komanecky indeed identified Grossman. Vargason said the real issue is that Carbonaro had
edited the police report, making Bianco’s conviction "indefensible." (AP-52)
This is how William Komanecky reacted:
… speaking to the press for the first time in eight years,
Komanecky said Saturday that the issue matters to him. (AP-53)
. . . . . . . . .
The way it looks right now, Tom Bianco was released from custody because I named
another man, John Grossman. Untrue, absolutely untrue. (AP-54)
During an interview with reporter Michele Locastro on March 7, 1993,
Komanecky:
… disputed news stories that have said
during the years that … [he] described Monson’s abductor as "towering"
over her. He said he has never used that word. (AP-55)
Was the man he described to detectives Festa and Longo taller than
Bianco? Apparently not and this is the explanation he offered:
… Komanecky said yesterday he had forgotten to take into account
the fact that the man was standing on an elevated, grassy curb. (AP-56)
This article appeared on the front page of the Auburn Citizen on
March 7, 1993:
Inmate Prime Suspect
By Michele Locastro
A state prison convict who is now a prime suspect in the 1981
kidnapping and murder of Julie Monson was transported to Auburn Correctional Facility late
Friday evening for questioning by the district attorney. (AP-57)
. . . . . . . . .
District Attorney James Vargason confirmed last night that Grossman
is a suspect. Vargason said the Monson murder investigation is ongoing, but declined
further comment. (AP-58)
This paragraph was taken from an article that appeared on the front
page of the Syracuse Post-Standard on September 18, 1998:
The Monson case is "open and active," said
Cayuga County District Attorney James Vargason and Grossman is the prime suspect. (AP-59)
These excerpts were taken from an article that appeared on the front
page of the Auburn Citizen on March 11, 1993.
When state Supreme Court Judge Patrick Monserrate last Thursday
overturned Bianco’s 1986 murder conviction and threw out the indictment against him,
he also ordered all the records sealed. So the police and court records – which for
the most part had been available to the public – were tightly and literally wrapped. (AP-60)
. . . . . . . . .
Monserrate couldn’t be reached for comment yesterday. (AP-61)
On August 4, 1993, exactly five months after Judge Monserrate threw
out the murder conviction and the indictment in this case, this article appeared on the
front page of the Auburn Citizen:
Carbonaro Won’t Face Criminal Charges
By Michele Locastro
Former district Attorney Paul Carbonaro won’t be facing any criminal charges
stemming from a judge’s allegations he was guilty of professional misconduct and
doctoring evidence in the Thomas Bianco trial. (AP-62)
But he will be the subject of a probe by a judicial grievance committee. (AP-63)
. . . . . . . . .
U.S. Attorney Gary Sharpe said yesterday tha the decision to end a criminal
investigation does not indicate guilt or innocence. All it means Sharpe said, is that the
five-year statue of limitations has run out. (AP-64)
. . . . . . . . .
Meanwhile, Carbonaro maintained yesterday he never did anything wrong. I’m
pleased with the [U.S. Attorney’s] decision," he said. (AP-65)
On May 20, 1994 this article appeared on the front page of The
Auburn Citizen:
Carbonaro Complaint is Dismissed
Michele Locastro
The Citizen
The complaint against former Cayuga County District Attorney Paul Carbonaro –
stemming from a judge’s allegations he was guilty of professional misconduct and
doctoring evidence in the Thomas Bianco trial – has been dismissed. (AP-66)
That dismissal has come after a probe from the Grievance Committee of the Appellate
Division, Fourth Department …. (AP-67)
. . . . . . . . .
The Committee will not comment publicly about its activities unless an action is taken
against an attorney …. (AP-68)
. . . . . . . . .
That Committee consists of 21 lawyers and lay people from around that State who after
hearing testimony and reviewing investigator’s reports, vote on what they feel is an
appropriate action to take, with majority ruing. (AP-69)
. . . . . . . . .
In this case there will be no public announcement that the complaint against Carbonaro
was dismissed. (AP-70)
This is what Cayuga County District Attorney James Vargason said
about the dismissal:
… the Julie Monson murder investigation is "active and
on-going" and said yesterday’s news of Carbonaro’s complaint dismissal
would have "no bearing whatsoever on how I will continue to investigate and handle
this case." (AP-71)
. . . . . . . . .
"My decision [not to re-try the case in its current condition] was guided solely
by law and ethics," he added. "The investigation is still on-going and from what
we have discovered in the investigation since March 1993, I am more confident than ever
that the decision was correct." (AP-72)
This is what David Weinstein said:
"I hope the public is now satisfied that all the questions about
Paul have been answered. …now that the questions about Paul have been laid to
rest, what about the ones that don’t have anything to do with Paul that are still
unanswered?" (AP-73)
Asked to elaborate, Weinstein declined, except to say,
"They’re obvious and have nothing to do with Paul. Auburn knows." (AP-74)
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