THE COMBAT ZONE-Jan Brogan - podcast episode cover

THE COMBAT ZONE-Jan Brogan

Aug 21, 20231 hr 1 minEp. 751
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Episode description

At the end of the 1976 football season, more than forty Harvard athletes went to Boston's Combat Zone to celebrate. In the city's adult entertainment district, drugs and prostitution ran rampant, violent crime was commonplace, and corrupt police turned the other way. At the end of the night, Italian American star athlete Andy Puopolo, raised in the city's North End, was murdered in a stabbing. Three African American men were accused of the crime. His murder made national news and led to the eventual demise of the city's red-light district.
Starting with this brutal murder, The Combat Zone tells the story of the Puopolo family's struggle with both a devastating loss and a criminal justice system that produced two trials with opposing verdicts, all within the context of a racially divided Boston. Brogan traces the contentious relationship between Boston’s segregated neighborhoods during the busing crisis; shines a light on a court system that allowed lawyers to strike potential jurors based purely on their racial or ethnic identity; and lays bare the deep-seated corruption within the police department and throughout the Combat Zone. What emerges is a fascinating snapshot of the city at a transitional moment in its recent past. THE COMBAT ZONE: Murder, Race and Boston's Struggle for Justice-Jan Brogan Follow and comment on Facebook-TRUE MURDER: The Most Shocking Killers in True Crime History   https://www.facebook.com/profile.php?id=100064697978510Check out TRUE MURDER PODCAST @ truemurderpodcast.com

Transcript

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You are now listening to True Murder The Most Shocking Killers in True crime History and the authors that have written about them, Gaesy Bundy Dahmer, The Nightstalker BTK. Every week another fascinating author talking about the most shocking and infamous killers in true crime history. True Murder with your host journalist and author Dan Zupanski.

Speaker 4

Good Evening. At the end of the nineteen seventy six football season, more than forty Harvard athletes went to Boston's Combat Zone to celebrate. In the city's adult entertainment district, drugs and prostitution ran rampant, violent crime was commonplace, and corrupt police turned the other At the end of the night, Italian American star athlete Andy Popolo, raised in the city's North End, was murdered in a stabbing. Three African American

men were accused of the crime. His murder made national news and led to the eventual demise of the city's Red Light District. Starting with this brutal murder, The Combat Zone tells the story of the Popolos families struggle with both a devastating loss and a criminal justice system that produced two trials with opposing verdicts, all within the context

of a racially divided Boston. Brogan traces the contentious relationships between boston segregated neighborhoods during the bussing crisis, shines a light on a court system that allowed lawyers to strike potential jurors based purely on the racial or ethnic identity, and lays bare the deep seated corruption within the police department and throughout the Combat Zone. What emerges is a fascinating snapshot of the city at a transitional moment in

its recent past. The book that we're featuring this evening is The Combat Zone, Murder Race and Boston's Struggle for Justice, with my special guest, journalist and author Jan Brogan. Welcome to the program, and thank you very much for this interview. Jan Brogan, Dan.

Speaker 3

Thank you so much for inviting me. It's a pleasure to be here.

Speaker 4

Thank you so much, and congratulations on this very, very fascinating book.

Speaker 3

Thank you, thank you.

Speaker 4

You wrote that this book is a product of more than ten years work. Tell us about the genesis of this book project, where it came from.

Speaker 3

I had written four murder mysteries before I turned to this book, and when I was done with the last murder mystery, I kept saying I knew at that point I could write a murder mystery and I wanted to do something else, and I felt like I could make any book work, and I kept saying, I want to

find a story that really needs to be told. And I said that enough times and enough cocktail parties in Westwood where I was living where I read my kid at the time, and a friend of mine I was in Costco, said, jam, he writes screenplays, and I said, well, I have written screenplays, but I've never written a successful screenplay. And by that I meant not that he even got made into film, even that I thought it should have been made into a film. It was good, I said, whine.

He said, because Danny Poppolo needs a screenwriter. And I said, why on earth does Danny Popolo need a screenwriter? Because I knew him. He and my husband played basketball together and we had oldest daughters were the same age. And he said, because you remember that Harvard football player who got murdered in the combat zone years ago, And I was like, yeah, I did remember that. So I said

that was his older brother. So I went back and I googled a trial and I saw there were two trials, and I met with Danny and Francis Terrella, who's called Dash and they had a director, like they had a pretty successful director who had done Spen City and Home Improvement anddy Cadiff, and they needed a screenwriter to do the Obviously, they didn't have money for the screenwriter, so I said, I will write it on spec if I have.

But I knew that I knew that most screenplays do not get made into films, so I said, you know, it's just a real uphill battle, so I said, but I felt like I could sell it as a book, So I said, I'll do it on so back, which means you only get paid if it gets made into the movie, which means pretty much you never get paid.

If I could write a book, and since I'm a journalist, I have to have leeway to you know, the screenplay, I'll do your way, but the book has to be I'm a journalist, so it has to be the way I see things. So we agread to that. We had an agreement on that, and I wrote the screenplay and I worked with Anddykative, who was the director, who was really it was really even though I never got paid, it was really a very valuable experience that I enjoyed.

And he never could sell the greenplay. You never could get it made right. He couldn't raise the funding. He wanted to be the director and the producer, I think. So I started on the book, and so that was like in two thousand and seven, I think, And I started. Took me about a year to write the screenplay, and then it took me another year and a half to write the book proposal. And then my agent could sell it, except he had one one publisher who was interested, and

that was University Press of New England. And they said, well, we are interested. We can't give you an advance, but we'd like you to write it on spec. And I said, no, I'm not going to do that because that is just an unbelievable amount of work. And even then I did not know how much work it was when I said that,

because it was way or more than I thought. So I put down the project for a couple of years and I took a job at UMass and I was working for the President's office in communications, writing speeches and press press releases. And then I got an email like years later from the University Press, New England. I said, we want to go forward with this project. At this time, they're willing to give you an advance that just like what I emailed him, and he said, there was just

one marketing guy didn't want to do it. He's gone. Now we wanted to do it, so they gave me an advance. They wanted it in a year, and I said okay, because I thought I'd done all the research. It took me a year and a half, so I got it. And then when they as soon as I delivered it at the new deadline, which was a year and a half April first, twenty eighteen, three weeks later they voted to go out of business and I had

to find a new publisher. So it took me another couple of years to find you Mass, And then they wanted They said, we really love this because but this is narrative. This is narrative nonfiction. And the publisher or the editor University Press, had been a fan of my mystery, so he wanted me to use a lot of those techniques. So I said, well, I'm happy to write it a straight journalism because it really didn't require that many changes. But I put in those changes and then finally it

got published. So the whole thing start to finish was about ten years.

Speaker 4

Almost tell us about Danny and Andy and Fran tell us about the Popolo family before we talk about how Andy came to be in the combat zone. November nineteen seventy six.

Speaker 3

Okay, so they were raised pretty much in the North End. They're Italian. There are both sets of Italian grandparents, and all their cousins and aunts and uncles lived there. And if you if you google the name Popolo in Boston, you'll get like three Danny Popolo's. You know, they're a big, big family, and they owned the grandfather one of the grandfathers owned a business. The grandmother's family owned a business

provisioning with Italian provisions, provisioning restaurants. But they grew up in a very small two bedroom apartment with the boys in one bedroom, the parents another, and the fran had to sleep on a pull out couch in a living room.

And they considered themselves incredibly, incredibly privileged because they had their own bathroom, where the city was so poor at that time in the North End, a lot of times you get in an apartment, you had to share a bathroom in the hallway with the other apartments and take your you went to the public's baths. You know, it was just a different era of the sixties and seventies.

Boston was a lot poorer than people can many people remember, and so by the time Fran was like sixteen, the father said, the parents said, all right, she can't sleep, but she needed her own room. So they they finally found a house, you know, they could ford in Jamaica Plane, which is another neighborhood of Boston, more mixed. It has Irish and Italian and eleven eight. You know, it's just

a more mixed community. So the boys were probably maybe twelve and fourteen or eleven and thirteen at that time, and then they moved to Jamaica Plain, which is not that far from the North End. But they all the father worked in the restaurant. The kids would work there in the summertimes, bottling olive oil. They would you know, they went there to play sports all the time. So they were very, very very proud of their North End roots and really related to the North End.

Speaker 4

You talk about the work, the work instinct that was instilled by the father Andrew Sr. But also that despite this the poverty that they encountered growing up, Andy had always wanted to be a doctor, and so he had made it to Harvard and so tell us about his achievements and his athletic achievements as well.

Speaker 3

Okay, so Andy and Danny so Franta is the oldest. Danny and Andy are only less than two years apart, but a little less than two years apart, and they always shared a room and they're always very close. And even when they moved to Jamaica plane, even when Framm moved out, they elected to stay in the same room. They were very close. Andy, as the oldest son, was just an overachiever from day one. He would just work harder than anybody else to be the best. He was

also very skilled athletically, as was Danny. Really, Danny was an easy going one and he was happy to just adore his older brother. And they weren't competitive as brothers can be. It was more like Andy was always trying to boost Danny up and Danny was just happy to admire his brother. They both were the parents. You know, they're in the North End and which at that time as the headquarters for the Massachusetts Mom and father had

gone to school with some of the Andreulo brothers. Andreulou is the family that run the mob in the North End. And you know, he came back for a marine. He was offered a corner, you know, and he had very respectively decline because he had really other ideas for his family. One thing, he was a very religious man. The family was very religious still is very very Catholic, very religious. And he made sure his boys weren't going to be drawn into those corners. So he had them in sports,

very busy all the time. They focused on education. Both boys got into Boston Latin, which is a public school, but it's like a private school historically. You know, Benjamin Franklin went there, a lot of I think jan John Hancock might have gone there. It's a theater to Harvard. If you've got good grades in Boston Latin, which was a very classically you got you got classical training and you had a good shot of getting to Harvard if you were near the top of your class. So that's

what Andy did. He was a three seasoned varsity athlete. He got into Harvard and he and he just worked harder than anybody else to excel. Like they said in what he said, Boston Latin, he was in the basketball court basketball team. He would he would run nine miles. I mean, he would just run like crazy. Beforehand just to be warmed up. You know. He just worked harder than anybody else. He overstudied, he over exercised. He was just the kind of kid who was like, I am

going to succeed for my family. My family's made sacrifices for me, and I'm going to repay them. He was very into his family, even when it was Harvard. He would come home every weekend to spend with his younger brother and maybe it was sure there are a few weekends he missed, but he really loved. They were very, very tight Italian family.

Speaker 4

Now it's November nineteen seventy six and the varsity football team, according to tradition tradition, go to the combat zone to a strip club for a drink. So tell us about this tradition and tell us about their travel into the combat zone that night.

Speaker 3

So this is the are they called the breakup party. It's the You know that they had just lost to Yale in the final game where Andy had gotten a mild concussion, so he was told not to drink, and he was not much of a drinker by all accounts. He wasn't much of a drinker anyway. But Harvard had a tradition they went from the Harvard Club, this very tony, classy place on Commab. At the time, they had this

beautiful breakup dinner. Ethel Kennedy is there to give a special award, trophies are given, speeches, lectures, they have but you know, the drinking age at that time is eighteen, so they have you know, a little cocktail hour, and then during dinner they don't drink anything. Afterwards they have their beer and they look at the reels and then the final thing is they all the football players all go to the combat zone or at last drink together as a team. And this had been done, This has

been done for years. And one of the kids, one of the football players, cousin or something, was a manager at the Naked Eye, so he arranged for them to have a private room in back in the back, in the back bar, and the forty of them go down to the combat zone and some of them go down in a Harvard equipment fan and the equipment manager goes as well. So this is something that you know, you're supposed to do it your last night together as a team.

And it was crazy timing because the combat Zone had just been in the news for all its crime I mean it was crime ridden anyway, and that was kind of allure of it in the seventies. It was exciting. You never knew what was going to happen. It was dangerous, it was wild. It was and it wasn't just Harvard who did this. I have a friend who went played the Boston college football team and he told me they did it too. A lot of the colleges did it.

It was like, you know, we're going to go down in the team as a team, so we're safe because safety and numbers. And that's what they did. They went to the combat zone and they had they watched the show. They some of them got up at the stage and danced with the stripper, in which case the bouncer came out and said, okay, it's time to leave, boys, because it was a closing time anyway, And forty or so football players spill onto the street and the combat zone.

Speaker 4

Now, just before we talk about the events that lead to Andy Popolo being stabbed, we've got to talk about the combat zone. In an episode that people might not have listened to. About three weeks ago, the book talked about Boston's the combat Zone. So briefly, tell us about this experiment by Boston's social leaders to create this red light district that was coined the Combat Zone.

Speaker 3

And why so, Boston had had another red light district called Scully Square, and they tried to get rid of it. They used an urban renewal money to bulldoze it and put the city Hall there. But when they did that, those businesses that whole market need just moved down Washington Street was called Lower Washington, where there were already some theaters and some bars. There was already crime ridden in

the sixties, there had been a murder there. At one point had been you know, family entertainment but was poor. And that's where the navyman used to go to drink when there was a navy yard in Charlestown's where all the military went. And that's what and they used to get into fights, and that's why it was called the combat Zone in the sixties. Even before this, even before

it's an official red light district. So by the early seventies there were thirty five sex related establishments there, adult entertainment, and so there had also been a couple of there's been a Supreme Court, a US Supreme Court decision, and a state High Court decision, which made it very hard to establish something as steen and made it hard for cities to legislate against these businesses. You couldn't just kick

them out. So Boston came up with the idea. One of the assistants said, well, what you do is you can you can't keep it out, but you can restrict it to an area. So they vote it to restrict it to a four block area in Lower Washington which is kind of bounded by the downtown and Chinatown, and it's at the kind of the far edge of the common and in this four block area were going to allow it. And then they also and it was also

contiguous to Park Square, and that they grandfathered it. I think there was a Playboy bunny club there and they said, if you're there already, you can continue, but no new businesses. So this created the combat zone, and all sorts of promises were made. They were going to clean it up, they were going to police it really well, they were going to add new lights, and they did do a

couple of things. They tried to improve the signing. They tried to work with the businesses to improve the signing, but the businesses did not want to spend the money on improvement, and the city didn't have much money, and they just they were neglecting all the neighborhoods pretty much, but they really neglected this one. And there's another factor.

At the time, the mob is big. This is like the heyday of the Mob, and this is not far from the North End, and pretty soon the mob moves in and it's crime quadruples from the sixties to seventies, and it's an area when you think about it, the city is really poor at this time. Unemployment is fifteen percent in the white neighborhoods and twenty percent in the black neighborhoods. There's really two black neighborhoods, but it's very poor.

And the combat zone is a place where people you're either there to go to a strip club, bisex, or buy drugs. So everybody's carrying cash because these are it's pretty much a cash It's more of a cash society back then anyway. So pickpocketing and muggings are big, car thefts are big. It's and the police are utterly corrupt. And this is discovered only two weeks before these events. The police commissioner himself, who had been brought in to

clean up corruption. Was very frustrated by the power of the union and the agreements that were already in place, and he tried various things to clean up the area. And one of one of the big problems was that the clubs had been allowed to hire or encourage to hire cops for detail, for special detail. So you had a lot of cops. You had cops sitting in bars getting to know the owners and drinking for free, whether they were on a rough duty. And this meant for a lot of a lot of eye averting to crime

that was going on. One of the clubs, it would later come out, was actually had found a way to let their customers charge for blowjobs on their credit card.

And there was just there was there was sex going on, not all, but in some of the clubs in alleys, in you know, parking lots that there would be on Saturday night there would be sixty prostitutes standing outside Charlie's two o'clock lounge and there would be it was a four block area and the people called it the the drive through, where the car would just drive around in a block and they would be in gridlock because there was solicitation. They would stop, you know, the windows open.

Women would solicit through the open windows, drugs were exchanged. It was just a mess.

Speaker 4

Let's get to the situation, you say, just before this, there is all this focus on the combat zone and the corruption there and the crime that's there. So the end the practice of police being able to work those details to make extra money, and they want the police available for the crimes that they say are rampant in the combat zone. So let's talk about one of the things that people had heard before, that about a ripoff

in this crime ridden zone involving prostitutes and pimps. Let's just briefly mention this little scam before we talk about the events where Andy comes to the aid of his friends. Tell us about the scam that came to the attention of the district attorney that was going on in the combat zone.

Speaker 3

Okay, so before, let me just back up just a little bit and say that the police commissioner had had secret investigation into his own police force to detail the many all this corruption. There was a huge report that had just been released detailing a lot of scams, and one of those scams was and people knew about it already, but it was called They called it not a very nice name. They called it the robber horror scheme. And what it was was prostitutes and you know prostitutes or

women dressed up like prostitutes. Because some of the real prostitutes complained about this, and this was a scam. Women would dress up as prostitutes. They were outside the hang outside the bars, and as the men spilled into the street drunk, they would fondle them and act like they were soliciting to them, and they would steal their wallets.

And one of the new wrinkles of this was, and this was revealed in the report, was that now they had mail protectors, so there were men who would, for a percentage of the wallet, would protect these women in case one of the marks of the guys realized wallet was being stolen and went after the prostitute. The police commissioner, who I was lucky to interview just about a year before he died, told me that even some of the cops were on the take. Some of the even the

cops would take protection money on this wallet theft. And so this was very much in the news two weeks before this happened. So then when the Harvard boys spilled onto the Street. Seven of them, who were walking past the carnival lounge got waylaid by two prostitutes who came up and started soliciting them. This led to one of them losing their wallet and they went back to the Harvard van. So that's where the wallet and not all

of the seven. Some of them were saying, don't, don't do this, this is you know, this is a scam. Don't do that, don't don't talk to these women. But you know, they were drunk. Some of them were drunk, and they were young. They're like twenty one, twenty and one of the women they're very young, they're like sixteen. One of them is sixteen. The one who stole the

wallet was sixteen years old and twenty one. And they stealed them all and they were the way and the three of the boys and the like I said, it's two of the three boys and the equip manager chase them and there's a This leads to a larger chase that has you know, something like seven or eight football players race running down Boyleston Street. All they're all white and big after a black prostitute, tiny black prostitute. And I just want to point out that Andy Popolo is

not anywhere near this when this is happening. He's not one of the seven. He wasn't one. He's in a completely different car. He's in the back of another car. He went home with a different group and was about to leave when this all broke out.

Speaker 4

So tell us how he becomes involved then, why?

Speaker 3

So what happens is this fight? So that as I chase them down Boylston Street, they eventually and three black men come out of the carnival lounge and they race up to it. One of them kicks down one of the Harvard football players and he gets himself up and they end up in front of the T station at the edge of the Common, and it's eight by then football players surrounding one black guy, Edward Sores, and he's doing all sorts of karate kicks, and there are by

all accounts, no blows exchange. They're asking him about the wallet, and he's saying he doesn't know what they're talking about with a wallet, and one of them says he doesn't have the wallet. Actually, Tom Lincoln says he doesn't have the wallet. Let's go. Just after he says that Leon Easterling jumped and he's another black, and he jumps into the fray and he stebs Tom Lincoln in the guy and they say in the abdomen, and the equipment manager says,

they have knives. Let's get out of here. They all run, even Tom Lincoln who's in shock, and they run down Boylston Street back the way they came. They all get into the Harvard van except for one guy, Charlie, and Charlie is he's the drunkest of them all. It's his

wallet that was stolen. And Andy by this time, when he sees his teammates coming like pouring past him on the street, he gets out to see what happens, and he walks down and he sees when he gets to the alley where the van is parked, the Harvard Man is parked. He sees at that moment he sees Charlie, his teammate. This other guy is one the man in the Cranberry jacket, who they've never been able to find or clearly identify his race, but he's friendly with the

other three black guys who will eventually be charged. He is beating him against the van. The whole van is shaking, and Andy jumps in to help him by the time he gets to him, Tom Lincoln has actually got the one been stabbed, gotten out and gotten Charlie into the into the van and it's just Andy Poppolo and Edward Sores and they get into a fistfight and they're fighting around. They kind of all accounts, all of this takes about

five minutes. They're fighting around the van. A couple of the football players get out to try to help and they're held at nine point by Leon Easterlank, who then jumps over over Edward Soares's back and stabs Andy in the gut. Another football player, Scott Coolidge, who was not a part of the original group, comes in. He sees Andy, he picks him up and he says, are you all right? He says yes, he said, let's get out of here, and he's pulling him away when Leon Easterling and Aaron

retreat comes and stabs Aty another time. This time he thrust the knife into his gut and up into his heart. So the three defendants are Edward Sarez, who is involved in the fist fight, Leon Easterling, who does the stabbing, and then Richard Allen, who really, by all accounts, never touches anybody, but he was involved. He wasn't involved. He's

a bouncer from the carnival lounge. He's also Leon easter Ling's half brother and was at both locations and he came down from the MTA to the area, or at least that's the story, so the three of them, because there had been so much about the combat zone because of that report, the actually the area was being better leased than it usually was and cops are there within instance, like they are there. They realized there's no time for

an ambulance. They take Andy to Tufts, which is like around the block, and they get him there in under four minutes. He is led out and is technically dead on arrival when he arrives, but they're able to restart his heart and work on him all night in surgery. Leek Tom Lincoln has taken to a different hospital because they realize they can wait for an ambulance for him.

And three men are arrested at the scene. Leon Easterling who actually did the stabbing, Edward Soarrows who started the fight and was involved in a fist fight, and Richard Allen, who is there and you know he was a hustler in the combat zone, and according to my sources, he really did work for those prostitutes, but he didn't do anything in that fight. So they're arrested and they're taken immediately. They're charged with attempted murder, and then Andy is in

a coma. At first it looks like he's going to survive, so that these police who are smart enough not to wait for the ambulance, these District one A police who had just been reviled for their corruption because they are considered the most corrupt in the city. Now they're heroes. And there's press conferences to that effect of the next morning and when it looks like Andy's going to live, but then he starts having seizures and it becomes clear he's never going to wake up. But it takes a month.

It's a month of NonStop headlines about first the miracle and then his medical condition is monitored. When Danny and the family go that night to the hospital, when they leave in the morning, there were already television trucks in the street that the press is surrounding them. This is a big story. Three hundred newspapers across more than three hundred newspapers across the nation. We'll cover it and will follow it. There's TV and press. It's a big deal

for a couple of reasons. A big story for a couple reasons. One of the reasons is it's Harvard about Harvard gets news. And when Boston dropt this, this social experiment of the combat zone, it was very much to the rest of the nation. It would seemed crazy because Boston was the puritanical city known for up until that point, for banning everything from Walt Whitman's Leave of Grass to I Am Curious level yellow and then there this is

their solution to almost legislate it. So the rest of the nation is very interested in because they are a lot of cities are dealing with this problem, and it's like, see, we told you this was the wrong way to go. This is a big mistake. So it's a big story and it's covered. And there's a third reason. Boston is also in the press for it's busting. This is nineteen

seventy six. The photo of the Charlestown kids stabbing a black businessman or appears to be, but they're not really photo with a flag with the US flag had gone around the world. I think eventually, I think you want to pull it through that year. It's called the soiling of Old Glory. Boston at this point is in the the middle of pretty much almost a race war going on about bussing. I mean, the National Guard is involved,

stools are shot, there's violence in the street. Boston's very much in the news.

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Speaker 4

You talked about the charges that were stemming from the stabbing of Andy, and now because of his deteriorated status in the hospital, he was on life support and they did a brain analysis of brain scan and it was a flat so Andrews was reluctant to take him off. He thought prayers might work to save his son, but needless to say, it didn't, and he died. And so the narrative and the tone and the stories change in the media, don't they.

Speaker 3

Yeah, well, the stories. So the story is very much about the combat zone, right, So, right after he gets attacked, they flood the city. It's like it's like a it's a tipping point. The combat zone has been a problem for years. It's controversial in the nation, it's controversial in Boston. Crime has quadrupled when this happens. And remember Boston is a college town and this is the baby boom. So a lot of families relate to this story. Their kids go down the combat zone and they get the kids

get stabbed and murdered. You know, the combat zone. Raymond Flynn, the former ambassador, and you'll be Boston's next mayor. The day after he was also had one been a professional basketball player, and he had coached young kids, and he had coached Andy. The day after this happens, he is in the combat zone taking petitions to close it down entirely. So it's flooded with the globe is doing stories. Flooded with so many police, the prostitutes have to are moving

out there into other neighborhoods. This is causing problems. There's actually a prostitute's union which is saying, we don't condone this. You know, these are ripoffs, artists. There's press and then at the same time the district attorney and the chief of police come out and say the combat Zone is a failed experiment. We have to shut it down. They

start prosecuting the clubs for all sorts of violations. There had been a secret investigation out of the District Attorney's office into the corruption, and they start revealing their results. So every day there are headlines about another club being closed for violations, about what was being new to fix and shut down the combat Zone. So the trial is very much about the The first trial is very much about the combat Zone and what a failure it was. And you know, this is what happens when you let

things get out of hand. Three black men, you know, gang up and stab a white Harvard player and Andy Popolo and very sympathetic victim. He's you know, he's worked hard to get where he was. He was beloved by all and interestingly in this era of intense racism. He has known both at Boston Latin Is High School and at Harvard for being the one white kid who on the team, who makes friends with all the black kids he's got. He's got a lot of black friends, which

was unusual in this era. And the father is very sympathetic. He's a classy guy, he's a kind man, and this shows and all the city sympathy is with the Popolo family who have endured this terrible tragedy, which is a terrible tragedy.

Speaker 4

Let's get to something that ends up being vitally important, and that is the district attorney talks about charging all of these three defendants with the same murder. Tell us about this concept of joint enterprise and the idea that Leon Easterling was far more culpable. But despite that, and despite the evidence of that, the district attorney still decided to proceed with first degree murder chargers against all three. In this theory of joint enterprise, can you explain, Yeah.

Speaker 3

So, joint enterprise or sometime as they call it, joint venture is like the felony murder rule. It's the basic concept is the guy who drives the getaway car for the bank robbery. If the other guy goes in during the stick up and kills somebody, he's equally responsible for the murder. So that's the basic theory that they're all in this together. So and then the prosecutor is using joint venture in two ways. He's saying, they were all up at that MTA station and they saw that Leon

Easterling wielded his knife, right, he stabbed somebody. He had a knife. He basically brought a knife to a fist fight, and he had it and he proved he would use it. Once those Harvard football players turned around and ran away in retreat and Leon Easterling followed and the other two came with him, they became conspirators or in this theory, right, So that's one way he was using. He's also saying there's a bigger conspiracy here because all three men were working.

They came out to protect that prostitute because they were going to get a cut of the wallet. So this is their gig. They're doing it, they committed murder in it. They're all in it together. That was the basic concept. Now, the sense attorneys say this is crazy because this is basically a street fight. But these are the two different ways of looking at the same thing. And the prosecutor, I think the prosecutor had to be under incredible pressure

because his boss here Burne, hated the combat zone. He had wanted. He's a very uptight guy and he hated the combat zone for years. He knew and he knew more about the combat zone than anybody else because he had his lawyer's working on a secret investigation into the mob infiltration of it. So I think the prosecutor, Tom Munday had to be under pressure to basically over prosecute is I think.

Speaker 4

The issue at this trial as well, because it doesn't become evident, but also they have to see the jury and so there are at that time peremptory challenges allowed. The judge can make some jury peremptory challenges, but also the attorneys had sixteen peremptory challenges themselves. Not to go back into what happened in that jury selection, but tell us a little bit about the peremptory challenges and what some people legal experts thought this as a problematic issue.

Speaker 3

So when when you're seeing a jury, Nicole Wader, the judge will ask a bunch of questions saying, you know, how much in this case, it was very much. How much publicity have you read because there was so much publicity, is that going to you're going to be able to judge fairly? Or have you ready formed an opinion? And also how in because Boston was so racially contentious at the time, how do you feel about black defendants? Can

you be fair to them issue of race aside? And interestingly enough, a lot of people said no, I really can't. They would just own up to their racism or they wanted to get out of jury duty. Either way. So the jury is pulled from Everett and Chelsea, which are small little suburbs, but mostly from the very neighborhoods in Boston which were being at that time feeling like their rights were violated by ordered force buzzing. So as Henry Owen, the attorney for Richard Allen, said, they were in no

mood to consider the rights of black defendants. They were very much feeling put upon by this force bussing plan, which was the judge Garritty had to do it because the Boston School Committee had blown him off for so long. But it was very punitive, It was really hard. It was thinking about sending your five year old off to a completely different neighborhood that you think is crime instead

of your own neighborhood. I mean, people were angry, and this is the environment in which the jury is being selected. And at that time, the way it worked was when you surf for a jury, you had to surf for a month you got called. And so what happened was basically gave you an exemption from that if you made a lot of money, or you were a teacher or

you know, they gave exemptions. And the only people who weren't exempt were well union people because their contracts paid them for jury duty, very old who weren't working, and the very young who hadn't started working yet. So the jury selection was tough, tough. It was not the best pool jury pool to start off with. And then the judge can get rid of people. And then but once a judge clears the juror, both sides have an opportunity to get rid of a juror without saying why, using

a peremptory challenge. Now that those peremptory challenges still exists today, and the worse the crime, the more both sides get. So in this instance, I think each the defense had sixteen each because there were three different attorneys, and then the prosecutor had a multiple that they had three times that, and they don't have to give a reason. They could

just say no, I don't like it. And so the way it worked in the nation, Boston is not alone in this everywhere you know, Like so Bandy is an Italian victim, so the defense uses their prosecution to get

rid of everybody with an Italian last name. If it was a woman on who was a man charged with rape, they would use him to get rid of every woman on the juror in this And routinely this prosecutor, it's on Monday, if there are three black defendants and a white victim, he would get rid of all as many black potential jurors as he wanted without having to say why. This is the way business was done in Boston and across the nation.

Speaker 4

Let's get back to the trial, and again we see that the jury is seated and despite that, obviously the complexion of that jury is mostly white.

Speaker 3

Yeah, so the prosecutor uses his premptory challenges to get rid of I think it was eleven out of twelve potential black so the jury pool, there are many blacks in the jury pool to start off with, and so I think it's eleven out of twelve or twelve out of thirteen potential black jurors. He strikes them without giving a reason.

Speaker 4

To be fair though the judge, and this is tourney. Henry Owens complains later and obviously during the trial as well, that Judge Roy is dismissing many of the objections and his initial motion to separate the trial. He doesn't think much of Judge Roy, and he thinks he's a racist.

Speaker 3

Yes, he's known as the hanging judge as well, very hard on crime.

Speaker 4

At the same time, this trial prosecutor Mundy says he has while he does have six eyewitnesses, there are some inconsistencies in some of their testimony, but he has six eyewitnesses that back up the story that these three men were involved. And that's what he has to prove that these three men were involved in the same commission of this crime which led to the stabbing, and all three are the same culpability and they're all guilty. What happens at the verdict of these three men.

Speaker 3

So this is normally god be a it's a very complex case because there's multiple charges and the concept of joint venture and joint enterprise is you know, it's normally hard and if they're convicted, the punishment is prison in life with no possibility of parole. So this is, you know, it's a complex case, and the jury, the jury deliberates. But Monday had a very strong case. He had more than he had six from Harvard, but he had people who weren't related to Harvard on the street who were

also testifying eyewitnesses to at least part of it. And he also had the medical evidence. The medical evidence was very damning. So he had very strong evidence and it was a complex case. But the jury is so it's like a Thursday, and they're dismissed at I think twelve for launching, begin deliberating at one. There's a questered. They deliberate till like five or six o'clock the next morning.

They deliberate twenty minutes and they have a verdict, and the verdict is guilty on all counts, all three men, and.

Speaker 4

You have that two of them are also Leon Easterling and Edward Sores are also convicted of eight to ten years for assault and battery. Consecutive to be running consecutively.

Speaker 3

Yes, and there's two stabbings. Remember there's one murder, but they are also prosecutor for stabbing Tom Lincoln. Yes, and there was a little scuffle. There's like a little fight before him where I think Edward Sores kicks one of them, and he also gets charged with a sultan battery with a shod foot. I mean, there are a lot of charges and they all get convicted on all of them.

Speaker 4

Let's talk about the media response, but also that Wallace Sherwood attorney and Henry Owens file their appeals immediately. What is the tone? What is the tone of the media in its coverage of the verdict of the trial.

Speaker 3

So up until this point, the media coverage of the Popolo family is very sympathetic. It's very sympathetic to the Popolo family. The moment this verdant comes out, it's called harsh justice and it all becomes about the city's racism

and the racism of the harshness of this to three blackmans. Oh, there's also a trial shortly after, like two months after, there's another murder trial in the state of a black man, Young Black team Brian Nelson eighteen years old, and there's a there's a fight that breaks out with storing the snowstorm, eight white guys in a van and Brian and two of his black friends, and then the cars spin out and they get fist fight, and Brian Nelson gets wound up, murdered with a beat by a tire and iron and

stabbed with a broken bottle and they arrest. When they do the arrest, there is no joint venture, just one a former marine, a nineteen year old is charged. He's only charged with manslaughter, and then the jury quits him. So this is a very sharp contrast. When the victim is black and the assailants are white, look what happens. When the victim is white and the assailants are black,

Look what happens. So there are a couple of cases like this which and you know, the family, the Pabolo family had nothing to do with any of this, right right, And all of a sudden, Andy's name gets associated with racism. And so Henry Allens, who is the attorney for Richard Allen, is city's most prominent black attorney and will be for many years. And he has watched for years, he watched Tom Mundy strike all the black jurors when they're from the from the jury pool, and he was ready for him,

and he starts in the selection of this jury. He is on the record for objecting almost every time Tom Munday strikes a juror, so he is setting up a record for an appeal. They also appeal, you know, saying that, look, there's not enough evidence to prove joint venture. This is crazy, and so that's the appeal. And a lot of famous defense attorneys in Boston will say, will say this is crazy. You know, this is a spot taneous street brawl. You

can't use joint venture in a spontaneous street raw. And the prosecutors you say, well you can when you have all sorts of documents that suggest that Richard Allen is a propared protector in the combat zone. His brother Leon, you know, works for him with him on this, and Leon Easterling is a friend of theirs. So that's those are basically the two camps.

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Speaker 4

Now you say that Danny, we haven't talked about. But Danny so close to his brother Andy. There are incidents. There is an incident in court where he he challenges the defendants in court and says some disparaging things. He's hauled out of court, but in his mind he's suffering from a sort of post traumatic stress disorder in terms of he thinks that he should have done something. He has some guilt that he wasn't there that night because he was invited to join his brother that night, but

he didn't want to go along. He thought maybe his brother would just like the private time without taking care of his younger brother, which was Danny. So Danny had these feelings of duty and also maybe the idea of the Italian vendetta concept. But with the trial and with the verdicts, some of these feelings had subsided, and Danny

was a little bit better, I guess with the verdicts. However, one day you chronicle that the family is sitting around in Jamaica plane and it's nineteen seventy nine in March, and their television set is on and there's a familiar sound on that broadcast that includes their name, and they pay attention. Tell us about this incredible moment where they catch this landmark decision on television.

Speaker 3

Well, I think, to back up, I think any family, you know, any family of a murder victim, all they want is the maximum justice for their loved one, which says they shouldn't this murder never should have happened. And if there had been capital punishment in Massachusetts, I'm sure they would have wanted capital punishment. The prosecutor tells them for justice to be served, all three of these defendants have to go away for life. So this to them

becomes the justice their son deserves. When it's appealed, they're worried, right they had gotten justice, will it be taken away from them? And one day there just Dani and his mother and the listening to the TV and they hear it's been reversed that the High Courts actually says. And this is what makes it even harder. The decision by the High Court says, there's enough proof, there is proof here that they were working together in joint venture to go for murder, to be put away from murder in

the first degree. But because of the way the jury was selected, we're going to overturn this and it has to be retried. And to the family that sounds like they know he's guilty. It's getting off on a technicality. That's a very hard decision for a family to summach

because it is so painful to go through. You know, it's so painful for the family to go through a murder trial, to hear all the different things, all the violence that was done to their loved one, all the points where maybe you know, things had gone differently, wouldn't have happened. It's just extremely painful. And there's this theory that you're going to have to go through it all over again.

Speaker 4

And the thing is too with these peremptory challenges and talking now the story is framed as you couldn't get a proper conviction with this all white jury in these cases where with black defendants. So it talks about the composition changing that these peremptory challenges and having a jury

more representative of the defendants. But it had nothing to do with Andy, Andy's attitude towards race or anything else that had to do with the racial divide in Boston, and his story becomes he becomes a symbol of this racial divide, whereas it was a simple case of Andy trying to help out his friends in a situation that he deemed quickly for them to need his assistance. It was as simple as that.

Speaker 3

Right, It was as simple as that. And you know, the combat zone was funny because where the whole city was divided, and they were divided not just by race, like there was an Italian section and Irish neighborhoods, and you know, nobody mingled. And then one place where people mingled, where blacks would sit whites at the bar, was the combat zone where a black couple could live in one of the apartments overhead and not get rocks through the window.

So this had nothing to do with the neighborhoods, had nothing to do with bussing, But it had a little to do with the city's racism in that the way, you know, the way jury, the jury was selected, and the concept that three black men had to go to jail for the rest of their lives. So Henry Owen, the prosecutor with the defense attorney who represented Richard Allen, said the way it should have gone down was Leon Easterly should have been murdered, should have been convicted murdered

the first degree. Edward soars maybe you could get him for an assault, battery or assisting, and his client, Richard Allen, should have gone off got free because he wasn't involved really except for mostly mostly the quotes with him is him telling the Harvard football players to go home. They're out of their league. Just get in the car and go home. You don't know what you're doing now.

Speaker 4

The idea that Henry Owens expresses that this is what should happen, and I have to tend to agree, not necessarily being an attorney, and who cares what my opinion is, But it looks like to me that it was an overreach in trying to tri all these people for the same crime. But that's not what the court said. They gave him a new trial because of these challenges. Now, I guess even the family, Danny and his mother, the entire family, believes that justice still will be done with this new trial.

Speaker 3

Right because there's enough evidence to convict him a second time. That's what the prosecutor thinks, and that's what they believe. I do want to point out that this trial is the case that changes all that. The appeal changes the way juris are chosen in Massachusetts. There is a similar case in California about a month before that made the same conclusion. It will take eight years for the rest of the nation to catch up and change the way

juries are chosen. But this is the case that really, this is the case that's used by the Supreme Court, they call it the Sores decision, that will be used to try to make jury selection fairer.

Speaker 4

Now, this seeming resolution of the job that they say that occurred because of the jury selection and composition, and you say that they've changed those laws regarding those challenges as a result of this appeal. But to the horror of the Popolo family, what happens in this court case.

Speaker 3

So it's seventy seven, so it's two and a half years later, where you know, it's difficult. You know, many people believe that the defense has an advantage in the second trial anyway, because they've gone through all the transcripts. They look for every little inconsistency. Also that two and a half year period, things have changed in Boston. For one thing, bussing is a lot of the violence is

out of the schools. It's in the neighborhoods, but it's out of the schools, so it's out of the national headlines. Some of the city has become sick of it. The rest of the residents have become sick of it, so they voted out the anti bussing city councilors. And there been a bunch of like the Globe does a study that shows that systematically get harsher criminals and the worst

facilities for the same crime. There's a couple of cases that come out where really heinous crimes against blacks have gone, you know, juries have acquitted the whites. And then three three weeks I think it's two or three weeks before the second trial, there is another murder of a Darryl Williams, a fifteen year old black kid who's playing football on the Charlestown Field and Charleston is a white Irish neighborhood. It gets shot through the back of his neck by

three white kids on a rooftop. Later they'll say it was an accident. There's some debate whether they could actually hit their targets that they wanted to with a twenty one. But when the trial goes on, this is the moment in Boston where violence against blacks has finally gone too far. Even the whites in Charlestown and White and Charleston's a very tight neighborhood, helped the cops round up the suspects, which is unheard of in the Loyalty department. This is

it comes. It happens right before the Pope is visiting Boston. So there's placards everywhere. It's a huge racist stain on the city of the city. And it happens. It's like whites have really like it's everybody's appalled. And so this is very much in the news and very much an influence in the second trial for the family. It means they have got to they've got to go through this all over again, and they worry, particularly not so much Andrew, but but Danny and his mother are really worried that

they're not going to get justice. But they worry. They're just worried that, you know, maybe not all of them will get murder in the first degree. That's as far as they think it's to be the worst. That's their worst case scenario. But this trial is the first time the new rules for jury selection thesra's decision will be implemented. And now what happens is both sides of both the defense and the attorney, every time they strike somebody, it's

a number thing. So if you strike one black juror okay, if you strike two, well why are you striking him? You start to see a pattern. Other side takes note of that and they submit it to the judge and that's rounds for an appeal. So this jury will end up being I think three blacks on it, three blacks out of twelve, and so it's where the first jury was one. It's not that the first jury does have one black on the juror. It's not all white. There

is a black man and he's a foreman. And the first the second jury has i think three blacks and one one of the alternates is blacks as well, and they will come to a very different decision.

Speaker 4

Yes, they do come to a very different decision. But also that defense has a distinct advantage from having gone through that first trial, and at least that's some observers believe.

Speaker 3

Well, also they have much better representation. You know, this has been in the news. They've gotten They've gotten Norman Zalkhin, who is really quite a star defense attorney. They have Henry Owens again, and Andrew Good who is a young attorney who had worked White attorney, worked for people go on to make a big name for himself. But you know, he said, he said he spent a year from the moment he knew he had a chance, he spent a

year preparing for this case. The second case, the first trial was tried in March, like, less than three months after he died, so the defense really had no time to prepare.

Speaker 4

Yes, now this verdict is, as you alluded to, very very very different, and instead of first degree murder for all three, it's manslaughter for Leon Easterling. But the judge says he's going to give him the max, and he was given eighteen to twenty. In reality, he was able to apply for parole in twelve years.

Speaker 3

Yeah, yeah, yeah, he gets off and eat already served three because he's waiting for the trial and the appeal, so he's only going to serve eight years.

Speaker 4

Devastating and for the Papolo family with this decision, they.

Speaker 3

Are absolutely devastated and it has a terrible impact on Danny. So Danny, you have to remember is eighteen nineteen when this happens, when this first happens. And I've learned a lot about murder of murder victim families and the impact on a teenage brain of knowing someone or witnessing a murder.

It's almost impossible not to have PTSD, which is explains inner city violence, Why the gangs, why there's that cycle of violence, because these kids in the inner city see their friends murdered on the street, and very natural responses is to want revenge, is to just obsess over the idea of revenge.

Speaker 4

Yes, you're right that things had changed in Boston, of things that change in Boston because of this trial, but things that changed in Boston because they had to change, and so so many events created this a Boston that wanted the citizenry demanded changes.

Speaker 3

Yeah. Yeah, Well, in terms of criminal justice, yes, there were several trials which criminal justice, you know, criminal justice in the nation was not great for any kind of minority with these these peremptory challenges, and Boston have most of you have a community where which is mostly white. When the jury pool comes down, it's going to be

mostly white. So it's going to be hard to and it's going to be hard to get representation of a minority anyway, even before they start using the peremptory challenges. So they did change the way jury pools are assembled because they were very white, because they were based on voter registration at that point, Blacks did not register to

vote in the same numbers as whites. And so after they changed the way jury pools are selected and Sora's decision, and then there were a couple of decisions so in Massachusetts which despite the city's representations for being racist, Massachusetts in California were considered by the rest of the nation as activist courts because they were the most forward thinking and the most progressive. So Massachusetts really for other they

kept refining the Sora's decision. So it doesn't guarantee that you know, no black is ever struck just because he's black, but it makes it a lot harder for each side to get way with that, and so this will lead to the nationwide bats And decision. The Supreme Court in eight years later will say, yeah, we can't do this nationally, and so they will issue the bats And Decision, which makes the rest of the nation have to fall into line.

But it's not implemented or refined the same way the Sora's decision is so that prosecutors find ways around it. People still find way Well, there are more loopholes in that than there are in the Sora's decision. Has just done a little bit better.

Speaker 4

Before I let you go and we wrap up, I wanted to talk about some of the things that were done to honor Andy's memory. There was a couple of tournaments in his name, but more importantly a part that was renamed after Andy.

Speaker 3

Yeah. So between the first and the second trial, the community there were scholarships and honors at Harvard and at Boston Latin. But the Italian community gets together and they form a petition to rename the playground where he grew up doing sports, which is beautiful park right on the waterfront of the North End. And if you and if your listeners visit. You should check it out. It's on

Commercial Street. It's a beautiful park and you'll find a bronze memorial to Andy Poppolo and a beautiful poem that was written about him that's in his name. So that is the lasting recognition of this young life that really should not you know, it was snuffed out way too early.

Speaker 4

Yes, I want to thank you very much Jan Brogan for coming on and talking about the combat Zone, murder Race, and Boston Struggle for Justice for those that might want to take a look at your work. Do you have a website or do any social media tell us about that.

Speaker 3

Yeah, I do so Wwwjambrogan dot com. I am that. I think Jan underscore jambrogen O seven on Facebook and I also Twitter jam Brogan, but I'm most active I think on Facebook and Instagram. Yeah. The book is available at most you know, most independent bookstores and Amazon and directly from the publisher UMAs Press. That's great and I want to thank you for inviting me on letting me talk about my favorite topic this book.

Speaker 4

Thank you very much for coming on and talking about the Combat Zone, murder Race, and Boston Struggle for Justice with Jan Brogan. Thank you so much Jan for this interview and you have a great evening

Speaker 3

You too, dan Hie, and good night.

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