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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RESULTS

All of the research that was done to construct this overview was based on two premises. The first premise held that a series of pattern searches could be used to reduce and restructure the overwhelming amount of information in this case. The second premise held that the results from any or all of these searches could provide new insights into this unsolved homicide. For example, consider the results from pattern search # 26.

This paragraph was identified under the heading "The Star Witness." Please note the words "statements from others."

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

This paragraph was identified under the heading "The Mystery Caller." Please note the words "witnesses who heard her admit."

Three sources told the Post-Standard that the former girlfriend initially denied she telephoned Weinstein, but changed her story after learning police had witnesses who heard her admit that she talked to Weinstein about Bianco. The witnesses reportedly came forward after reading that police were looking for the woman. (MC-24)

These paragraphs were identified under the heading "David Weinstein et al." Please note the statement made by Federal Judge Rosemary Pooler questioning the truthfulness of testimony given by two of Mr. Weinstein's witnesses.

A federal judge has denied David Weinstein's effort to suppress evidence in his upcoming federal trial on drug and weapons charges. (DW-7)

U.S. District Judge Rosemary Pooler denied Weinstein's motion to suppress evidence obtained in a police search of his house in June 1994. (DW-8)

. . . . . . . . .

She also questioned the truthfulness of testimony given by two of Weinstein's witnesses - Thomas Fraher and Richard Noga - at Weinstein's July 2, 1997 suppression hearing. (DW-13)

Fraher, a heating contractor, testified he was at Weinstein's house when a telephone conversation between Weinstein and David Walsh, a co-owner of Rood Utilities, a heating equipment dealership in Auburn took place. He described the nature of that conversation, then contradicted himself under cross-examination, Pooler said. (DW-14)

Noga, former Cayuga County undersheriff, testified that investigators Smith and Giovanni were out to get Weinstein. Pooler noted that Weinstein has yet to bill Noga for legal services performed from 1992 through 1994. (DW-15)

DISCUSSION

Unlike a purely scientific study where your results can be explained and confirmed with statistical procedures, the results from this type of research require a much broader and often more subjective interpretation.

Consequently, the conclusion that you arrive at depends almost entirely on your perception of events and how you assess the credibility of the individuals involved.

For example, how would you interpret these two statements below?

  "The powers that be, who were the prosecutors in this case, had decided they were going to close this case, and this was the way they were going to do it. This was a proceeding that just reeked from beginning to end." (DS-1)

"I have examined this case thoroughly and there is not a shred of evidence to support any conspiracy or to remotely implicate the judge and his family. Those who have had a hand in perpetuating such garbage should hang their heads in shame." (DS-2)

The first statement was taken from an article that appeared in The Syracuse Post-Standard on March 5, 1993. In the last three paragraphs of this article, reporter Shawn Carey asked defense counsel Joseph Fahey to comment on the altered police report, and Judge Monserrate's decision that over turned the murder conviction and the indictment in this case.

The second statement was taken from an article that appeared in the Auburn Citizen just one day earlier on March 4, 1993. In this article, District attorney, James Vargason made a number of statements about the Monson case and his decision not to re-try Thomas Bianco.

 

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

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