I. CASE NO. 98CV11829JLT
United States District Court - Boston
Tyree vs. Bush, CIA, Celluci, Harshbarger et al
On Friday, Sept 4, 1998, Bill Tyree filed the above action seeking $63,000,021 in actual and exemplary damages. The foundation of the case arises from failure to return personal property (i.e. photographs, uniforms etc. illegally seized by Ayer police during the investigation of the murder of Elaine Tyree in 1979. Prior criminal judgements against Ayer Police for theft form a basis for the suit. The suit alleges that George Bush, in his capacity as DCI and as documented head of CIA drug trafficking activities ordered the theft and destruction of diaries kept by Elaine Tyree prior to her murder. It also alleges that Bush and CIA have been part of an ongoing criminal activity designed to smuggle drugs into the United State. The complaint, filed by Tyree is 101 pages long and contains approximately five inches of supporting material including affidavits from me (already in your possession) and the daughter of Albert Carone, who was Oliver North's Chief bagman.
More affidavits are being added to the complaint on a daily/weekly basis and I can assure you that documentary and other evidence will directly link to George Bush.
Celucci, the Republican Governor appointed after William Weld's departure is seen as having little chance for election. He has prior service as Mass AG and before that as a special prosecutor. In that capacity he investigated the Ayer Police Department and found massive corruption and theft which he was aware of as AG when Tyree made several appeals and motions which Cellucci failed to respond to. Harshbarger, the current AG and Republican Gubernatorial candidate has failed to comply with court orders to return Tyree's personal property which, it is alleged, would prove his innocence in the murder.
The suit seeks $21 million in real damages, ($1 Million for each year of Tyree's incarceration, $42 million in exemplary damages, $21 for the value of the stolen photographs, an injunction against the defendants to prevent them from engaging in the criminal activity (i.e. drug smuggling), and other appropriate relief in the interests of justice (i.e. a new trial).
I cannot over-emphasize the seriousness of the material which has been filed. Starting Wednesday there should be Republican groans heard all over D.C. and louder ones at Langley.
Anyone seeking further information should contact Tyree's attorney, Mr.Ray Kohlman at 508-222-0300. His address is 7 North Main - Suite 215A, Attleboro, MA 02703. The Carone material is stronger than anything I could possibly tell you here. We expect to be adding affidavits from Cele Castillo, Terry Reed and a number of other key witnesses, all as a prelude to subpoenas being issued. Kohlman will be issuing Subpoenas Deuces Tecum for documents and depositions soon. Appeals mechanisms are already in place including remedies at the U.S. Supreme Court level.
DOCUMENTS ESTABLISH CIA INVOLVEMENT IN U.S. DRUGS, MURDER, EXTORTION - O.A.S. MAY REVIEW CASE
A total of six attorneys showed up in a Massachusetts court room on April 29 to represent Massachusetts Attorney General Scott Harshbarger and Middlesex County DA Tom Riley against civil and criminal complaints filed by a former Green Beret who is serving a life sentence for the murder of his own wife. The complaints charge both men with receiving stolen property and with failing to comply with a ten year old order to return personal property taken from William Tyree when police searched his residence after the murder of Elaine Tyree in 1979. Both Tyree and his attorney, Ray Coleman, an associate of James Earl Ray attorney William Pepper, claim that the property, if returned, would prove Tyree's innocence. In the hearing, held outside of Middlesex County where the murder and seizure occurred, the judge dismissed Tyree's complaints on grounds of venue. But he did not challenge or dispute a ten year old jury verdict finding that Tyree's personal property had been illegally seized or a previous order to return that property to Tyree. The complaints are still unresolved. Two police officers have paid Tyree damages and acknowledged guilt after a 1987 jury trial seeking return of the evidence.
"What the decision amounts to," said Coleman, "is that no court in Massachusetts wants to hear the case. It's still open. And if we can't find a court to hear the case then the door is wide open for the appointment of a Special Prosecutor who would be appointed by the Governor since the AG is a defendant." The Middlesex County court did not want to hear the case for that reason.
Harshbarger, a Republican protégé of William Weld, is running for Governor against Democrat Paul Celluci. Middlesex DA Riley is a leading candidate to replace Harshbarger as Attorney General. Elections are in November.
After the court hearing, attorneys representing both Harshbarger and Riley approached Coleman and hinted that within a month they might be offering Tyree a pardon to avoid any embarrassment. "But the problem with a pardon," said Coleman, "is that it still leaves Tyree a convicted murderer and raises other complications about his ability to see his daughter." "They might," he continued, "try to attach strings to ensure Tyree's silence."
Neither Harshbarger's or Riley's offices have responded to calls asking for comment.
At the heart of all of this is the CIA related documentation connected to the case and Tyree's total innocence. In the mid 1970s, while serving in Panama, Tyree and other Green Berets were lead into Columbia under the command of Green Beret Colonels Cutolo and Baker to plant radio beacons so that plane loads of cocaine could fly below Colombian and U.S. radar and land undetected in Panama. Orders for those missions came from the CIA's Ed Wilson and Tom Clines. Tyree had been a part of many secret missions and was losing his taste for it. His wife was keeping a diary.
Five Special Forces Colonels (Cutolo, Baker, Malvesti, Rowe and Bayard) have died under mysterious circumstances since. The heart of the Tyree documentation consists of an affidavit allegedly written by Col. Ed Cutolo who was also Tyree's commanding officer at Fort Devens, Mass. at the time of Tyree's arrest. Both were then with the 10th Special Forces. That fifteen-page document gives precise details of CIA drug operations using Special Forces personnel. It also describes how Tyree was framed for the murder of his wife and how Special Forces personnel were used to intimidate and conduct illegal electronic and physical surveillance of anyone who might expose CIA's drug dealing. A letter acknowledging blackmail of the Middlesex DA John Droney, who was gay, is part of the documents.
I determined in 1994 that the Cutolo did not write the affidavit itself. Yet it was hauntingly accurate in many details already known to me. Close work with Tyree and a retired Army CID investigator resulted in the receipt of dozens of documents, including affidavits from still living people who who were directly involved with the case and who not only confirmed Tyree's innocence but the details of Watchtower as well. Now more than 400 pages total, the combined set of documents includes heavily redacted releases from the Army and a written admission from CIA that it not only has Watchtower documents but is reviewing them.
In 1995 I also made contact with unnamed sources at the National Security Agency who confirmed key elements of Cutolo's affidavit and led me to believe that a doomsday file, which he secreted there before his murder, was the source of the affidavit. It was written by Cutolo's colleagues, after his murder, as a result of his murder. It remains, to this day, the single most frightening document I have ever read.
Adding further weight is the fact that the daughter of Cutolo, a resident of New Mexico, has confirmed elements of the story to Dee Ferdinand, daughter of Albert Carone, a CIA-Mafia connected money launderer who also held the rank of full colonel in Army Intelligence. Carone was murdered in 1990. Tyree knew Carone from the Watchtower missions and confirmed his role as a "money man."
I have held Carone's personal phone book in my hands and in it I found the home addresses and telephone numbers of both William Casey and Gambino crime boss Pauly Castellano. My investigation of Carone has already been given to intelligence committees from both Houses.
In spite of overwhelming evidence of Tyree's innocence it is questionable whether he will be granted a new trial. The case sounds hauntingly like that of Elmer "Geronimo" Pratt, (right) the former Black Panther who served 27 years for a murder he did not commit. Rather than grant Pratt a new trial, which would have proved the existence of a conspiracy, the government released him last year. Like Geronimo Pratt, there are witnesses willing to place Tyree in another town at the time of the murder. Recently Senator Kennedy of Massachusetts wrote to the FBI asking them to reopen the case. The FBI declined, stating that there was insufficient evidence, Bill Tyree has been food poisoned three times recently. He was then punished when he was unable to report for work. He has appealed his case as a political prisoner to the Organization of American states. They, according to Coleman, have received the appeal and will be looking at Tyree as a political prisoner.
The OAS has not returned my calls either.
The question now arises as to whether Tyree will take the pardon if it is offered. I agree with Ray Coleman who said, "There is no one on earth who could second guess Billy on that one." Now we wonder if Tyree will live long enough to make the choice.
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