Richard
Wershe, Jr., known to most of the public as White Boy Rick, grew up in and was
prosecuted as a drug dealer in one of the most corrupt cities in America. The
police case against Wershe is shaky, to put it mildly. But the deck was stacked
against him. Working as a teen confidential informant for the FBI he told
on some very powerful people who were corrupt and politically connected. It
appears his prosecution and continued imprisonment was/is an organized effort to teach a lesson to others who
would dare to tell the truth about drug corruption in the criminal justice
system of Detroit. This blog post focuses on one example of why that may be
true.
Last week’s post ended with a cliff-hanger regarding a
hellfire-and-brimstone letter purportedly written in 2003 to the Michigan Parole Board by former Wayne
County Prosecutor (now Mayor of Detroit) Mike Duggan, urging them to keep Richard J. Wershe, Jr. in prison until he dies.
The Duggan Letter to the Parole Board |
This is despite the fact Wershe was convicted and
sentenced to life in prison for a non-violent drug case committed while he was
a juvenile. What’s more, Wershe got in the dope business at the urging of a
federal drug task force of federal agents and local police. They recruited him
to be a teen informant against a major drug gang. Wershe eventually turned to the
trade the cops taught him, and tried but failed to become a major dealer
himself. The case against him is questionable on evidentiary grounds, too.
The post last week went through the Duggan letter
paragraph by paragraph and noted the accusations against Richard J. Wershe, Jr.
The Wayne County Prosecutor’s Office was asked in a Freedom of Information Act
(FOIA) request to provide the documentation to support each of the inflammatory
claims about Wershe. The official response was that after a “diligent” search,
they certified “the records to do not exist.”
Cynics read that and predicted if push comes to shove,
some records will magically be found. Perhaps. But in Wershe’s 2003 parole
hearing, the Wayne County Prosecutor and the Detroit Police provided scant
evidence against Wershe. “Evidence” supporting claims Richard J. Wershe, Jr.
was a “drug lord” and drug “kingpin” consisted mostly of copies of newspaper
clippings from the time of his arrest and trial. The issue isn’t a question of
Rick Wershe’s involvement with drugs. He admits he tried to become a cocaine “weight
man”, a wholesaler. What’s missing and seemingly always has been missing from
the official files is any evidence he was a “kingpin” and “drug lord.”
Going forward in the current court battle to block a
judge from re-sentencing Wershe to time served, the Wayne County Prosecutor
would be challenged by former FBI agents who are willing to testify, if
necessary, that Wershe, a former FBI confidential informant, was never a major
player in the Detroit drug underworld. In fact, they would testify his
assistance to law enforcement—from prison—has been remarkable and has led to
significant convictions of drug dealers and corrupt police officers.
The assertions of the ex-FBI agents would be supported by
testimony and sworn affidavits from convicted drugs dealers and hitmen who say
the same thing. Wershe aspired to become a big dope dealer but he never made
it. He was busted by the Detroit Police before he could become ‘the man.’ Naturally
some people will question the word of ex-cons who knew Wershe and knew the
landscape of the Detroit drug trade back then, but the fact is there is nothing
in official files—then or now—to support the legend of White Boy Rick Wershe.
The cliff-hanger in last week’s blog post had to do with
the question of whether Duggan even wrote the letter. Through a spokesman he
says he doesn’t remember it. This would make sense if he never wrote it in the
first place.
I took the signature from the letter to the Parole Board
and placed it above a known copy of Mayor Mike Duggan’s real signature, which was affixed to a recent letter to Michigan Governor Rick Snyder.
Signature on the Parole Board Letter |
Duggan signature on a recent letter to Michigan Governor Rick Snyder |
Readers were invited to decide for themselves whether the
signatures were written by the same person.
The Wayne County Prosecutor’s Office, no
matter who is sitting in the chair, handles thousands of criminal cases each
year. Obviously the big boss has to delegate the work on most of these cases.
If Mike Duggan didn’t write the notorious Wershe parole
board letter, who did?
The best guess—and it can only be an educated guess after
all these years—is Duggan’s chief assistant at the time, the late Samuel
Gardner, composed or at least ordered someone to write the letter. And Gardner
may have had some office assistant sign an approximation of Duggan’s signature
to the letter to the parole board.
Gardner is an intriguing character in the Rick Wershe,
Jr. saga.
As Rick Wershe told me from prison, when he was arrested
and charged in 1987, he pushed aside William E. Bufalino II, his original defense
attorney, and replaced him with two prominent black attorneys at the urging of
his then-girlfriend, Cathy Volsan Curry, the favorite niece of Coleman Young,
the late mayor of Detroit at the time. Cathy Volsan Curry urged him to hire Ed
Bell…and Sam Gardner…to represent him. Rick says Cathy told him she was passing along advice
from “her family.”
Cathy Volsan Curry (FBI Surveillance Photo) |
Who was her family? The mayor, of course. He was her uncle. Bell and Gardner were Young's political allies. Her mother, Juanita, was Mayor Young’s
sister. Her father was Willie Volsan, a career racketeer in Detroit’s black
community. Thanks to Coleman Young, Willie Volsan, now deceased, was wired. He had
connections. The police and the criminal justice legal community knew it. He was reputed to have excellent high-ranking connections in the Detroit Police Department.
Willie Volsan (FBI Surveillance Photo) |
When Bell and Gardner took over Rick Wershe’s drug case
defense, the first thing that happened was Bell withdrew a defense (Bufalino)
motion to suppress the evidence, the drugs, which were the foundation of the
prosecution’s case. At Wershe’s one and only parole hearing in 2003, Bufalino
testified:
"It was Bell and Gardner. They guaranteed him that
he would walk. They pulled a motion, a dispositive motion on a search and
seizure issue regarding this case. They pulled the motion. They hung this boy
out to dry."
In an appeal, the challenge to the validity of the drug evidence would have been the primary fact of the case Wershe's attorney could argue. Without a motion at the time of trial to suppress the evidence, Wershe had nothing to appeal. His appeal was rejected, as expected.
Bufalino made an equally stunning comment in his
testimony that was noted in last week’s blog but it is worth repeating again. And again:
“I was personally told by Coleman Young that this...’stay
out of this. This is bigger than you think it is,’"
That is nothing less than astonishing. Here was a veteran
Detroit criminal defense attorney testifying under oath and on the record in a
public parole board hearing that the then-Mayor of the City of Detroit, one of
the most powerful politicians in Michigan, warned him to stay away from
defending Rick Wershe because “this” is “bigger than you think it is.”
The late William E. Bufalino II |
What, exactly, does that mean? We can’t ask Bufalino
because he is deceased. We can’t ask Young because he is deceased. But with
Rick Wershe still languishing in prison 27 years after Young allegedly gave
that warning to Bufalino, anyone interested in justice ought to think real hard
about the implications.
A well-known member of the Detroit defense bar testified for the record that the very powerful black Mayor of the City of Detroit warned him to avoid defending an 18-year old white kid, Rick Wershe, because the Wershe matter was much bigger than the attorney realized. Wow. In what other American city would a mayor make a veiled threat to a defense attorney about defending someone in a criminal case that was "bigger than you think it is."
A well-known member of the Detroit defense bar testified for the record that the very powerful black Mayor of the City of Detroit warned him to avoid defending an 18-year old white kid, Rick Wershe, because the Wershe matter was much bigger than the attorney realized. Wow. In what other American city would a mayor make a veiled threat to a defense attorney about defending someone in a criminal case that was "bigger than you think it is."
The late Sam Gardner |
Back to Sam Gardner.
Gardner was once the Chief Judge of Recorder’s Court,
which is what they used to call the county criminal court in Detroit for many
years. This was in the 1970s when drugs became a major crime problem in Detroit and other American cities and prompted the national “War on Drugs.”
He went in to private law practice for a time with the
late Ed Bell, who was politically wired in the years when Coleman Young was the
Mayor of Detroit. Bell also represented some of the biggest dope dealers in
Detroit, who also had political and police connections thanks to payoffs and
bribes.
Gardner later became the chief assistant Wayne County
Prosecutor. He died of cancer in 2005.
Through all of this, questions of corruption surrounded Sam
Gardner. That corruption may play a role in why Richard J. Wershe, Jr. remains
in prison to this day.
A very real problem in recounting the story of Richard “White
Boy Rick” Wershe, Jr. is many of the key players are dead. He’s been in prison
that long.
Fortunately, a diminutive Greek lady named Kalliope “Kae”
Resh is still living. She’s 92 and in rapidly failing physical health but her
mind and memory remain remarkable.
For many years Kae was the Number Two person in the
Recorder’s Court clerk’s office. In a corporation her former position would be
equivalent to COO—Chief Operating Officer. At least one Recorders Court judge
and one Assistant Wayne County Prosecutor—the late Justin Ravitz and the late
Patrick Foley, respectively—were fond of calling her “the conscience of
Recorder’s Court.” That’s because she had and still has a reputation for
honesty and integrity. More than a few police officers, defense attorneys and
judges sought her advice over the years because of her depth of knowledge of Detroit’s
criminal court system and her reputation for trustworthiness.
As I noted in a previous post, Kae Resh taught me a lot
in my rookie reporter days about how the courts work, how they really work.
Kae Resh will tell you, on the record, she is sure Sam
Gardner was a corrupt judge when he was the chief judge in the 1970s. In a move
that surprised Ms. Resh, Gardner chose her to be his special assistant when he
became chief judge of Recorder’s Court. In that role Ms. Resh says she came to
know most of the things going on in Gardner’s life. She also became friends
with his court clerk, Cynthia, who was also his wife.
Resh remembers questions stirring in her own mind about where
Gardner was getting the money he was throwing around. Judges are paid a decent
salary, but Resh knew Gardner wasn’t getting paid the kind of money he was
spending.
Gardner, she says, liked to show off his custom-made suits made
across the river from Detroit, in Windsor, Canada by Lou Myles sometimes known
as “tailor to the stars.” Myles, who passed away in July, had shops in Windsor
and Toronto, Canada. He crafted bespoke suits for the likes of Muhammed Ali,
Michael Jordan, the Beatles, Frank Sinatra, John Gotti, "the dapper (Mafia) don"—and Sam Gardner.
Resh also recalls Gardner and his pal, lawyer Ed Bell,
took their wives to Paris on the supersonic Concorde—twice. When the Concorde
went out of service in 2003, a round trip ticket cost $10,000.
"Canon 2" of the Michigan Bar Association Code
of Judicial Conduct states: A Judge Should Avoid Impropriety and the Appearance
of Impropriety in All Activities. (Capital letters are used in the Bar Association
document.)
Kae Resh recounts a strange episode involving both Bell
and Gardner. She says a narcotics officer came in one day with an unusual looking
little red bag full of money seized in a drug raid. Resh had the responsibility
of securing the cash as evidence for a likely hearing. “The cashier and I
counted a total of $64,000, including two counterfeit twenties,” Resh said. Her
memory as we will learn in a moment is remarkable but not flawless. She put the
money in her safe in the clerk’s office.
The next day, a court police officer came to get the cash
for a writ hearing before one of the judges. During the day she heard the money
had been moved for mysterious reasons from the chambers of the hearing judge to
the chambers of the chief judge, Sam Gardner. No one dared question an order
from the chief judge. Ms. Resh says she never saw the money again, but later
that day she got an odd phone call.
It was from a narc in the old 7th floor narcotics section office
of Detroit Police headquarters, which looked down on the reserved judge’s
parking lot of Recorder’s Court.
By now the little red bag had become the subject of a bit of idle scuttlebutt
among the narcs and court personnel because it was such an unusual container
for drug money. And everyone in the system knew Kae Resh was the ultimate custodian of the money.
The narc, she can’t remember his name now, told Resh he
and some of his fellow narcs watched Judge Gardner’s court officer exit the
courthouse and go to the trunk of Judge Gardner’s car. That officer opened the
trunk and removed the little red bag. The narcs had no idea how it got there but they recognized it right away.
Next, as Kae Resh recounts the episode, Judge Gardner’s
court officer, acting literally as a bag man, took the little red bag from the
trunk of Gardner’s car and placed it in the trunk of an adjacent car—belonging to his
pal, criminal defense attorney Ed Bell. The money was never seen again.
No one, including Kae Resh, dared question what happened.
Sam Gardner had the power to end the career of anyone in the Detroit criminal
justice system with one phone call. I asked Ms. Resh why she didn’t report the
episode.
“To whom?” she asked in reply.
Our aging court historian recalls another incident that
was even more disturbing. As noted, she had become friends with Cynthia Gardner, Sam
Gardner’s wife, who was his court clerk.
One Sunday, Resh recalls, she was invited to lunch at
Judge Gardner’s condo a short distance from the courthouse. Resh says the judge’s
wife was busy setting a patio table for lunch when a well-known black criminal
defense attorney showed up. Judge Gardner was chatting amiably as he moved
around various parts of the condo helping his wife prepare for lunch.
Matter of factly, Resh remembers, the defense attorney
produced a stack of cash, about 3 or 4 inches high and placed it on the
breakfast nook table of the judge’s condo. She couldn't see the money denominations in the stack.
Resh says she immediately left the room and went to the patio to help the judge's wife. She didn't want to be in the same room with what she knew was happening.
The attorney departed soon after,
leaving the cash on the judge’s breakfast table. Resh says it was obvious the
attorney was not repaying a loan from the judge.
Why did this happen in front of a court employee with a
reputation for integrity? “Arrogance,” is Resh’s best guess. “They were
all-powerful in those days and had the attitude, ‘Who is going to stop us?’ she
remembers.
Here’s another item about the late Sam Gardner.
Rick Wershe says in 2002, a year before his parole
hearing, Assistant Wayne County Prosecutor Mike Cox was gearing up for his
ultimately successful run for Michigan Attorney General. He apparently wanted a
big, high profile case he could prosecute during an election year.
Cox, through federal investigators, reached out to Rick
Wershe who was at the time in federal protective custody because he had helped
the FBI arrange a sting operation that netted about a dozen corrupt police
officers and almost ensnared former Detroit Police Homicide Inspector Gil Hill,
who was by then a big name in Detroit politics.
Cox, Wershe says, wanted him to help prosecute the killer
of a 12-year old boy named Damion Lucas. The killer was a member of the Johnny
Curry drug gang, the crew that Wershe infiltrated secretly for the FBI as a
teenage informant. The Curry gang had killed the little boy inadvertently in a
drive-by shooting intended to intimate the dead boy’s uncle. A few days after the murder an FBI wiretap recorded Johnny Curry telling a friend his drug gang associate "...f**ked up by killing that little boy."
Rick Wershe told the FBI he heard Gil Hill tell Johnny
Curry during a speakerphone phone call not to worry. Hill promised he would
ensure the investigation didn’t go near the Curry Brothers. It didn’t. The
Detroit Police and Wayne County Prosecutor went after an innocent man who was
jailed but later released in the middle of his trial when an FBI agent told the
defense attorney what really happened.
For years after the young boy’s death, the FBI had Gil
Hill in its cross-hairs for prosecution as a corrupt cop. They could never make
an airtight case against the street-savvy homicide detective. For his part,
Hill has denied to various reporters over the years that he took a $10,000
bribe from Johnny Curry to obstruct justice in the Damion Lucas murder
investigation. Today he is reportedly in a nursing home and in poor health.
It’s against this history that Wershe says Mike Cox
reached out to him to help prosecute the Damion Lucas murder case. But Cox,
Wershe insists, wanted to know two things; would prosecuting the killer of
little Damion Lucas involve Gil Hill or Sam Gardner?
Wershe says he told Cox what he knew. The Damion Lucas case
was never prosecuted.
Cox has denied to other reporters that he communicated
with Wershe. Rick Wershe says he did. Officials at the prison where Wershe was
incarcerated at the time told me they doubt the phone logs from that long ago
can be located.
The following year, 2003, with Sam Gardner now serving as the chief
assistant, the Wayne County Prosecutor’s Office waged a frantic campaign before
the Michigan Parole Board to keep Rick Wershe in prison as a danger to the
community. He remains in prison to this day.
Finally, there is this. In his self-published autobiography, Butch Jones, a true drug kingpin who ran a notorious Detroit drug gang called Young Boys Incorporated, gave "shout outs" to various people in the Detroit criminal justice system. One of them was Sam Gardner.
No comments:
Post a Comment