January 13, 2008


Prosecutor Who Unraveled Corruption in Boston Turns to C.I.A. Tape Case 


By
<http://topics.nytimes.com/top/reference/timestopics/people/l/neil_a_lewis/i
ndex.html?inline=nyt-per> NEIL A. LEWIS

New York Times

WASHINGTON - In 1999, John H. Durham, a federal prosecutor based in
Connecticut, was assigned to wade into a seemingly impenetrable and corrupt
network in Boston involving police officers, federal agents and organized
crime figures. 

Sometime this month, Mr. Durham will begin a new assignment, this time
setting up in Washington to delve into another arena of complexity and
concealment, the
<http://topics.nytimes.com/top/reference/timestopics/organizations/c/central
_intelligence_agency/index.html?inline=nyt-org> Central Intelligence Agency.


As the recently named head of the investigation into the C.I.A.'s
destruction of videotapes of secret interrogations, Mr. Durham will again be
the outsider trying to apply a straightforward law enforcement template to a
complex set of relationships and practices. A career prosecutor, he had been
dispatched to Boston years ago by a Democratic attorney general,
<http://topics.nytimes.com/top/reference/timestopics/people/r/janet_reno/ind
ex.html?inline=nyt-per> Janet Reno. This month, he was summoned to
Washington by a Republican attorney general,
<http://topics.nytimes.com/top/reference/timestopics/people/m/michael_b_muka
sey/index.html?inline=nyt-per> Michael B. Mukasey.

Michael Clark, a former
<http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal
_bureau_of_investigation/index.html?inline=nyt-org> Federal Bureau of
Investigation agent who worked with him for years in Connecticut, said that
Mr. Durham's experiences in unraveling the corrupt relationships in
Massachusetts as well as in convicting public officials in Connecticut,
including former Gov.
<http://topics.nytimes.com/top/reference/timestopics/people/r/john_g_rowland
/index.html?inline=nyt-per> John G. Rowland, demonstrate why his methods may
be well suited to his new task.

Mr. Clark, now first selectman in Farmington, Conn., said that the
investigation of Mr. Rowland was fraught with political pitfalls and
detours. 

"John' s style is dogged and focused," Mr. Clark said. "Because he is so
intent on following the facts, he refused to become involved in any
political dimension or detour." He said Mr. Durham was undeterred by
"certain roadblocks people wanted to put in the way."

Mr. Rowland ultimately pleaded guilty to accepting bribes and was sentenced
to a year in jail. 

As the senior career prosecutor in the office of United States attorney in
Connecticut, Mr. Durham also oversaw the convictions of Mayors Joseph Ganim,
of Bridgeport, on federal corruption charges, and
<http://topics.nytimes.com/top/reference/timestopics/people/g/philip_a_giord
ano/index.html?inline=nyt-per> Philip A. Giordano of Waterbury, on charges
of having sex with minors.

But he is best known for overseeing the federal government's successful
effort to take apart the brazenly corrupt situation in Boston, where a
handful of crooked state police officers and F.B.I. agents worked with the
mob headed by James Bulger. The situation, some of which was based on
relationships forged during childhood in South Boston, was the inspiration
for the Oscar-winning film "The Departed."

Mr. Durham headed a task force that compiled a list of impressive
accomplishments and convictions, including its disclosure that some F.B.I.
officials had allowed some informants to commit murder and flourish in their
racketeering enterprises in exchange for information about other mobsters.

He has been and remains, by all accounts, a man of moderation and some
modesty. During his assignment in Boston, he relinquished the title of first
assistant in the United States attorney's New Haven office, demoting
himself, because he was spending so much time away from Connecticut.

Jeffrey Meyer, a law professor at
<http://topics.nytimes.com/top/reference/timestopics/organizations/q/quinnip
iac_university/index.html?inline=nyt-org> Quinnipiac University who worked
as a junior prosecutor under Mr. Durham, described him as both stringent and
fair in his approach to cases. 

Professor Meyer recalled that when he went to work in the office, he
excitedly told Mr. Durham of what he thought was a strong criminal case. 

Mr. Durham, he said, gently disagreed and proceeded in the kindest terms to
remind him of the obligations of prosecutors to consider mitigating
circumstances and to use their authority carefully.

Friends also attribute to Mr. Durham a kind of asceticism, which they
connect to his Catholicism. Edmund Mahony, a veteran Connecticut reporter,
wrote in The Hartford Courant that despite Mr. Durham's devotion to the
church, he was once so outraged when a priest testified as a character
witness for a convicted
<http://topics.nytimes.com/top/reference/timestopics/organizations/k/ku_klux
_klan/index.html?inline=nyt-org> Ku Klux Klan member that he complained to
the bishop.

Mr. Durham, 57, became a prosecutor after graduating in 1975 from the
<http://topics.nytimes.com/top/reference/timestopics/organizations/u/univers
ity_of_connecticut/index.html?inline=nyt-org> University of Connecticut law
school and a two-year detour as a Vista volunteer providing legal advice on
a Crow Indian Reservation in Montana.

In the Connecticut state's attorney's office, Mr. Durham helped pioneer the
technique of selecting habitual criminals for closer scrutiny by the
prosecutor's office. Mr. Durham does not often speak publicly and declined
to be interviewed for this article.

The assignment of Mr. Durham to the investigation by Mr. Mukasey signaled
that the Justice Department had concluded, at least on a preliminary basis,
that C.I.A. officers, possibly along with other government officials, may
have committed criminal acts in their handling of tapes that recorded the
interrogations in 2002 of two operatives of
<http://topics.nytimes.com/top/reference/timestopics/organizations/a/al_qaed
a/index.html?inline=nyt-org> Al Qaeda. 

The tapes were destroyed in 2005 and had never been provided to the courts
or to the special commission examining the Sept. 11 attacks. 

In an Op-Ed article in The New York Times on Wednesday,
<http://topics.nytimes.com/top/reference/timestopics/people/k/thomas_h_kean/
index.html?inline=nyt-per> Thomas H. Kean and
<http://topics.nytimes.com/top/reference/timestopics/people/h/lee_h_hamilton
/index.html?inline=nyt-per> Lee H. Hamilton, the chairman and vice chairman
of the commission, said they believed that C.I.A. officials had deliberately
withheld the tapes from the commission and that by doing so officials may
have violated federal law.

Mr. Mukasey was praised for his choice of Mr. Durham, although some
Democrats in Congress were disappointed that he will have less expansive
authority than a special counsel like
<http://topics.nytimes.com/top/reference/timestopics/people/f/patrick_j_fitz
gerald/index.html?inline=nyt-per> Patrick J. Fitzgerald, who investigated
the disclosure of the identity of
<http://topics.nytimes.com/top/reference/timestopics/people/p/valerie_plame/
index.html?inline=nyt-per> Valerie Wilson, a C.I.A. officer. That inquiry
resulted in the perjury and obstruction prosecution of
<http://topics.nytimes.com/top/reference/timestopics/people/l/i_lewis_libby_
jr/index.html?inline=nyt-per> I. Lewis Libby Jr., formerly Vice President
<http://topics.nytimes.com/top/reference/timestopics/people/c/dick_cheney/in
dex.html?inline=nyt-per> Dick Cheney's chief of staff. 

Another issue that remains unclear is whether the Justice Department's
investigation under Mr. Durham's direction will be limited to the tapes'
destruction or will also extend to whether the interrogation methods
violated laws against torture.

.
 
<http://geo.yahoo.com/serv?s=97359714/grpId=11648958/grpspId=1705447214/msgI
d=52903/stime=1200240539/nc1=3848614/nc2=3848644/nc3=4990216> 
 


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