Jonathan Massari, guilty of murder conspiracies | Second trial was risky, lawsuit admits

A second trial for Jonathan Massari, accused of instigating and taking part in the murders of four mafia-linked individuals, would have been risky, the lawsuit admits, due to the possible testimony of a former killer hitman turned mole for the police and on whom the heart of the evidence rested.

A few days before facing this second jury trial, Massari, 41, pleaded guilty on Monday to the three counts of conspiracy filed against him for the murders of Lorenzo Giordano, Rocco Sollecito and the brothers Giuseppe and Vincenzo Falduto, committed respectively in March, May and June 2016.

On the other hand, the four murder charges were withdrawn by Judge Michel Pennou of the Superior Court, at the request of the prosecution, which reached an agreement with the defense after a facilitation session chaired by Judge Johanne St- Gelais, also of the Superior Court.

Yet, according to the evidence presented during the first trial held last fall, Massari played a significant role in these crimes; he was reportedly under Calabrian chieftain Salvatore Scoppa and drove the getaway car and motorbike to the scene of the Giordano and Sollecito murders.

He was also present in the garage of the property of Marie-Josée Viau and Guy Dion in Saint-Jude, near Saint-Hyacinthe, when the Falduto brothers were murdered there.

A difficult witness

The evidence was based mainly on the testimony of a former hitman – whose name must be withheld – who participated in three of these murders, who began to collaborate with the Sûreté du Québec (SQ) in the context of a large-scale investigation called Premeditate and which recorded his accomplices without their knowledge in 2019.

Massari’s first trial was aborted on the first day of the testimony of this civil undercover agent (ACI) because the latter made statements that were inadmissible in evidence and prejudicial to the accused.

In view of the second trial, the prosecution had presented a request that the testimony of the ACI be filmed on video, in the presence of the judge, that it be edited and then presented to the members of the future jury, but Judge Pennou concluded in November that the idea, although appealing, was premature.

“There are also good reasons to think that the ACI will be a difficult, unpredictable and possibly opposed and hostile witness to the public prosecutor’s office”, writes, in his decision, Judge Pennou, who recalls in particular that the ex-killer in gages often showed his antipathy towards the SQ, its controllers and the prosecutors, whom he refused to meet with the latter for the preparation of the trial of Dominico Scarfo, Massari’s accomplice, whom he launched to Scarfo “You don’t care come home my friend” (You’re coming home buddy) before his testimony and that he even left voicemail messages for Massari’s former lawyer, Mr.^e Philippe Larochelle, telling him that he wanted to join the defendant’s side and “have everyone acquitted”.

“For us, these comments by the judge are an illustration of the difficulties we would have faced in a second trial. Because of the judgment in miscarriage of the lawsuit and that on the request on the control of the testimony of the ACI, our proof involved risks ”, affirms one of the prosecutors in the file, Ms.^e Isabel Poulin.

In the interest of justice

On the other hand, M.^e Poulin is proud of the sentence suggested by the prosecution and the defense, which will be pleaded on March 13: 25 years, without the possibility for Massari to obtain a parole before having served half of it.

“The sentence is at the high end of the range for conspiracy to commit murder in an organized crime context and approximates a life sentence. For the counts of conspiracy, Dominico Scarfo received a 20-year sentence, ”explains M^e Poulin.

The prosecutor also points out that this plea avoids a 4^e trial in the Premeditate case and a 2^e trial for the accused, and puts an end to proceedings in which more than 80 judgments have been rendered since January 2021 and many judges have been called upon.

“Given all this, it is an interesting settlement that meets the interests of justice and society,” adds Ms.^e Poulin, who also says he hopes this plea will help the families in their respective bereavement.

“We thank the families of the victims for their cooperation and their courage since the start of the proceedings. We hope that the end of this legal process, which was long, will allow them to go one step further in the mourning they are going through, ”concludes the prosecutor.

Not quite the end

If Judge Pennou endorses the common suggestion of 25 years, he will remain in Massari, subtracting the preventive detention which is calculated in time and a half, 19 years and eight months to be served.

Following the other jury trials in the Préméditer case, Dominico Scarfo was sentenced to life in prison without the possibility of parole for 25 years, Marie-Josée Viau was found guilty of the second degree murders of the Faldutos and conspiracy, and sentenced to life imprisonment without eligibility for parole for 12 years, and her husband Guy Dion was acquitted on all counts.

But Viau and Scarfo have appealed their conviction.

So, theoretically, the former hitman whose testimony had also been troubled during these proceedings could testify again, if ever the Court of Appeal ordered the holding of new trials.

To reach Daniel Renaud, dial 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.