First, we summarize the relevant evidence. In 1978, Joseph Porter, Angelo Patrizzi's half-brother, was shot to death. Porter's body was found in a stolen automobile in Revere. Patrizzi believed that two individuals, Frederick Simone and Cono Frizi, were responsible for the murder. Patrizzi resolved to kill Simone and Frizi to avenge his half-brother's death. News of Patrizzi's intention, however, reached Simone and Simone's associates. [Note 4] Simone and his associates planned a preemptive strike; Patrizzi would be killed before he killed Simone or Frizi.

For some period of time up to January 26, 1981, Patrizzi had been incarcerated for criminal offenses unrelated to the present case. On January 26, Patrizzi was transferred to a half-way house. While a resident of the half-way house, Patrizzi was "employed" at Surf Auto Body in Revere. At trial, the director of the half-way house testified that Patrizzi's

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transition back into society did not proceed smoothly. He recalled a day in February, 1981, when Patrizzi was visibly upset and carried on in a manner that disturbed the other residents and the staff. In response, the director summoned Patrizzi to a meeting where he attempted to calm Patrizzi. In response to the director's queries, Patrizzi responded, as told by the director, "They killed my brother . . . . I've got to get them." On March 3, 1981, the director listed Patrizzi as being on "escape status."

On March 11, 1981, the FBI intercepted a conversation, which occurred at 98 Prince Street, between the defendant, Samuel Granito, and Simone. The conversation reveals that the defendant knew about Patrizzi's intentions as well as the plot to kill Patrizzi. Granito and Simone told the defendant that they had unsuccessfully attempted to kill Patrizzi on two occasions. Granito and Simone also told the defendant that Patrizzi had been given money, gold, clothing, and a "no-show" job at Surf Auto Body so they would know of his whereabouts. Nonetheless, Patrizzi had disappeared. The defendant expressed his displeasure that the plan to kill Patrizzi had gone awry and demanded an explanation as to how he had eluded them. Later, the defendant affirmed the need to kill Patrizzi.

On March 12, 1981, the FBI intercepted a conversation, which also occurred at 98 Prince Street, between the defendant and another associate, Ilario Zannino. During the conversation, the defendant told Zannino about his conversation with Granito and Simone. The defendant asked Zannino to assist with the Patrizzi "problem." The defendant, having been previously informed that Patrizzi was hiding in the South Boston section of Boston, told Zannino that he would give him Patrizzi's telephone number when he received it. Zannino expressed some concern: he wanted to make sure that he "hit" the right man. Zannino said he knew "what to do" after he acquired Patrizzi's telephone number.

On April 3, 1981, the FBI intercepted a conversation of Zannino and two associates, Ralph Lamattina and Johnny Cincotti. The conversation took place at 51 North Margin

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Street. Referring to Patrizzi, Zannino told Lamattina and Cincotti that Patrizzi had been "clipped" and his body put in a trunk. Zannino cautioned the men to keep silent about this development.

On June 11, 1981, Lynn police found Patrizzi's body in the trunk of an automobile. The Lynn police officer who discovered the body testified that Patrizzi had been "hog-tied." Patrizzi's legs were bent from his knees up to his buttocks. A rope was tied around his ankles. It extended up his back and was knotted around his neck. The rope was "fairly" taut. The officer testified that Patrizzi's body was found inside a sleeping bag. Four or five strands of rope were tied around the sleeping bag.

The medical examiner conducted an autopsy on June 13, 1981. He identified Patrizzi's corpse through medical and dental records and reported the cause of death as asphyxia due to strangulation by ligature. Patrizzi had been dead at least two weeks prior to the autopsy. The medical examiner could not determine the exact date or time of death because of the degree of decomposition of the body.

ILARIO ZANNINO: "Shh. Now shh. Johnny I told you didn't I."

JOHN CINCOTTI: "Yeah."

ILARIO ZANNINO: "About Joe Porter's brother [Angelo

Patrizzi]?"

JOHN CINCOTTI: "No."

ILARIO ZANNINO: "Well they clipped him . . . ."

RALPH LAMATTINA: "Oh, that's it."

ILARIO ZANNINO: "Don't say a fuckin word now."

JOHN CINCOTTI: "Did they find him?"

ILARIO ZANNINO: "No, they didn't find him. They put him in his trunk. . . . Nine of them. They lugged him from the fuckin Topcoat. Nine fuckin guys. . . . He went in for a top coat. And nine of them did it. Sonny did. Sonny Boy. You know all the fuckin trouble makers. And he's in his trunk. . . . [T]he super Boss had told me on the QT. Jerry [Angiulo] says, `I gotta tell you something . . . .' `They clipped Joe Porter's brother. . . .' `Larry [Zannino], listen to me now.' `Listen what?' He says, `got him in his fuckin trunk.'"

RALPH LAMATTINA: "It's been ten days."

ILARIO ZANNINO: "But they got him. They got him. Freddy [Simone] was scared to death. The kid [Patrizzi] would have clipped him in two fuckin minutes."

RALPH LAMATTINA: "He wanted to clip Freddy. The kid wanted to ahh."

I think this was the biggest murder that got Gerry and Larry and they got it all cold on tape. Zannino was an idiot, he would get drunk and just tell stories for hours. Couldn't keep his mouth shut

amen on zannino..constantly talking about murders recent and old, and getting everyone else pinched with him..