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Thursday, November 14, 2019

Stolen Art Watch, David Turner Released, Gardner Art Remains Elusive



    Man suspected in Gardner museum heist set free


    David Turner, a longtime suspect in the Gardner museum heist, was released from federal custody after serving nearly 21 years for plotting to rob an armored car facility in 1999.
    David Turner, a longtime suspect in the Gardner museum heist, was released from federal custody after serving nearly 21 years for plotting to rob an armored car facility in 1999.Jonathan Wiggs/Globe Staff/Globe Staff
    On a cold February day in 1999, David Turner and several accomplices, armed with a hand grenade and six guns, were on their way to rob an armored car depot in Easton when they were arrested in an FBI sting.
    Agents told Turner he was a suspect in the infamous 1990 art heist at the Isabella Stewart Gardner Museum and could receive leniency if he returned the stolen masterpieces, according to court records. But Turner insisted he knew nothing about the theft and was sentenced to 38 years in prison for attempting to rob the armored car facility and firearms charges — which included a mandatory 30 years because the crew had a hand grenade.



    Several years ago, the government secretly got that sentence trimmed by seven years, making him eligible for release in 2025. Federal authorities declined to say whether Turner had agreed to help authorities recover the artwork, which includes works by Rembrandt and Vermeer and is worth an estimated $500 million.
    The masterworks have never been recovered. But on Wednesday, Turner, 52, his dark hair now tinged with gray, walked out of Boston’s federal court a free man after a judge ruled during a resentencing hearing that the 21 years he already served were enough.
    “I deeply regret the actions I took and the choices I made,” the Braintree native told US District Judge Richard G. Stearns. “I am no longer that person. I cannot change the past, but I have tried my best to change my future.”
    Stearns, who had presided over Turner’s trial decades ago, had vacated his prison term last month in light of Supreme Court rulings that have eased federal sentencing guidelines. On Wednesday, Stearns sentenced Turner to the time he had already served and ordered his release.
    “It’s rare for me to be fully confident someone has fully rehabilitated himself,” he said to Turner. “I believe you have and commend you for it.”



    Last month, Stearns ordered the release of one of Turner’s codefendants, Stephen Rossetti, after ruling that he no longer qualified as an armed career criminal based on recent court decisions.
    On Wednesday, Stearns rejected the prosecution’s request to extend Turner’s sentence another 18 months, instead placing him on probation for three years. He said it was the first time he had ever received letters written in support of an inmate on resentencing from Bureau of Prisons employees.
    “What somebody does over time to rehabilitate himself does count for something,” Stearns said, adding that Turner “has done what I would expect from someone who did want to change his life.”
    Turner was transferred to Federal Medical Center Devens four years ago to undergo cervical spinal surgery and after his recovery volunteered as a hospital companion, providing hospice care for critically ill inmates, according to a sentencing memorandum filed by his attorney, Robert Goldstein. Previously, while at a New York federal penitentiary, Turner was an instructor for the Victim Impact Program.
    Stearns said he was also impressed that Turner had participated in 58 educational programs in prison, ranging from vocational classes to Spanish and sign language courses.
    Assistant US Attorney Robert Richardson said Turner should serve additional time in prison because of the “overall brazen and violent nature” of the 1999 plot to rob a Loomis-Fargo facility of an estimated $50 million. It was thwarted because the FBI had informants working with the crew and planted bugs that captured Turner and his accomplices planning the crime.



    FBI agents began targeting Turner and one of his codefendants, Carmello Merlino, a Dorchester repair shop owner with Mafia ties, in the early 1990s because they believed they could lead them to the stolen Gardner art.
    In the early morning hours of March 18, 1990, two thieves dressed as police officers talked their way into the Gardner museum, tied up the guards, and fled with 13 pieces of artwork.
    Merlino died in prison in 2005, but Turner’s suspected involvement in the ongoing Gardner investigation surfaced three years ago in federal court proceedings in Hartford involving Robert Gentile, a Connecticut mobster who was suspected by the FBI of having access to the stolen paintings.
    In late 2010, Turner wrote Gentile from prison, instructing him to call Turner’s girlfriend. She then asked Gentile to meet with two of Turner’s associates about recovering the artwork, Gentile’s lawyer said.
    Gentile, who was cooperating with the FBI then, refused to meet with the pair and introduce them to an FBI informant because he feared for his safety, according to court filings.
    Gentile, who was snared in two FBI stings designed to pressure him into recovering the artwork, was released from prison in March after serving 4½ years on gun charges.
    In a brief telephone interview Tuesday, Gentile’s attorney, A. Ryan McGuigan, said his client has no information about the stolen artwork, but he suggested that Turner did, at least at one time


    “Based on the information that I have seen in disclosures from the government, also from third-party sources, it’s fairly apparent that the last living person to have possession of the paintings is David Turner,” McGuigan said.
    He also said Gentile would be willing to meet with Turner to talk about the missing artwork if he’s interested. The museum is offering a $10 million reward for the safe return of the masterworks.
    Outside the courtroom, Turner’s lawyer declined to comment on the paintings or allegations that Turner may have been involved in the heist.
    Dressed in a gray sweatsuit, Turner left the courthouse with his girlfriend. Asked by a reporter how it felt to be free, he replied, “Wonderful. I’m going to Disneyland.”
    He declined further comment.

  • TennisAnyone
    “The Under Seal World of the Boston Globe”

    From this article: "Several years ago, the government secretly trimmed that sentence by seven years, making him eligible for release in 2025." Why several years ago, why not exact date? Because it never happened.

    Last month when Turner's criminal associate Rossetti was released the Globe reported: “In recent years, the government quietly reduced Turner’s prison term by seven years, for reasons that remain under seal, raising questions about whether he had agreed to help authorities try to recover the artwork. He is scheduled to be released in March 2025.”

    Hm. “quietly,” the Globe states, but when this story was first reported in the Globe in 2016, it was said they had “secretly” reduced his sentence. Now it is merely quietly.

    Is that supposed to be an actual phenomenon, federal inmates bartering time after they have begun their sentence for information about other crimes? Judges have the power to secretly reduce sentences and keep that reduction under seal?

    Why would Turner wait until after serving ten years to share what information he had?

    A guy who has already been incarcerated 20 years for an attempted armed robbery had a sentence reduction?

    From the Globe 2016 : "There are no details about Turner’s sentence reduction on his criminal case docket in federal court in Boston, indicating that records relating to the reduction are sealed.

    Indicating to whom? And three years later the “indicated” in the Globe had evolved into an established fact, David Turner’s sentence had been reduced and the reduction had been sealed.

    An alternative possibility is that Turner did not get a secret, quiet or any sentence reduction since the Boston Globe acknowledged in 2016, “the only public record of Turner’s reduced sentence is the Bureau of Prisons website.

    So the records are sealed, but somebody sent the information to the people at the public Bureau of Prison website, who dutifully updated their record, we can presume "secretly" or at the very least “quietly.”

    Last Seen Podcast said that in 2016 Shelley Murphy, who wrote this story “made a sharp discovery: “I was hearing some things about whether or not he might cooperate,” Murphy said, “and I looked at the Bureau of Prisons' website, which shows a release date. And when I looked at it, I knew. I said that wasn't the release date that was there before. And I noticed that the release date had changed. So that's how I saw it, that I knew that he initially was supposed to get out on one date. And suddenly, they just took off a bunch of years.”

    “Suddenly,” but the Boston Globe twice in 2013 reported the, sentenced reduced, 2025 release year for Turner, including one story that had Shelley Murphy on the byline.The claim hinges on something Murphy thinks she remembered from a website over three years previously.

    Furthermore the BOP.gov that serves as the sole source for the Boston Globe’s secret sentence reduction states that: “the projected release date displayed reflects the inmate's statutory release date (expiration full term minus good conduct time)” and not the full sentence the person received from the judge. https://www.bop.gov/inmateloc/about_records.jsp

    The Globe which cannot even get Turner, his lawyer or anyone in government to acknowledge that he received a sentence reduction, which could also be for a variety of other things given his prolific record, reported last month that this sentence reduction “is raising questions about whether he had agreed to help authorities try to recover the artwork.”

    Raising questions with whom? The authorities know if he received a sentence reduction and for what reason. Raising questions with nonexistent inquisitors, who would know anyway, over a nonexistent sentence reduction, possibly, possibly, because of his nonexistent connection to the Gardner Museum Heist. A trifecta!

    Welcome to Chernobyl https://www.bostonglobe.com/metro/2019/10/04/after-years-prison-stephen-rossetti-goes-free-bu-gardner-art-heist-remains-unsolved/hh9zpoPvTq5b2iCLnV3ctM/story.html  


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