Nicky Barnes: Mr Untouchable | Cold, Calculated Revenge | 4

0:00If you care about bravery, wisdom, passion, larger than life characters and some of the most emotionally intense moments in human experience, you have come to the right place. My name is Daniela Bollelli and it will be my honor to be your guide in a journey to the place where history and apic collide. Despite my insanely thick Italian accent, somehow history on fire is one of the most popular history podcasts in the world. If you give it a listen, you will find out why. Please check out history on fire wherever you listen to podcasts. To make your choice about what we cover, that's americancriminal.com slash vote.

1:12It's a Friday night in late winter 1978. In Harlem, New York City, DEA agent Louis Diaz walks to the door of jegasys, a multi-story private club. His partners write on his heels all around them, Harlem locals are drinking, dancing, doing pumps and cocaine, 32-year-old Louise I scan the room, sliding right over the drug use as well as what looks like some underage drinking. He's on duty yes, but he's undercover. Tonight, he's Louis D. The uncle of a low-level grunt on the periphery of Nikki Barnes drug empire. His partner is dressed as his chauffeur. For the past few months, Louise has been working to infiltrate the Barnes ring, ingratiating himself with more and more underlings, buying a steady supply of heroin, hooking them up with expensive cars, and offering money laundering services. And tonight, he's closer to the top than he's ever been.

2:18Leading Louis around the club as Joseph Hayden, also known as jazz, he's a short guy with sharp features and he wears his afro hide to give himself an extra answer to of height. Louis knows not to let this guy's smaller stature fool him though. Jazz is a member of Nikki's inner circle. The group of drug dealers flooding New York City streets with heroin. He's wearing a tweed jacket, which makes the diamond rings on his fingers stand out even more. Jazz pushes open a door in the back corner of the bar, leading Louis and his partner into a quiet staircase. Jazz heads up a few flights to show off the casino operating on the fourth floor. Louis nods his head and pressed at the size of the club. Then Jazz shows them to a quiet room. All shag rugs and white leather couches. It's the VIP lounge he explains. Perfect for doing business. Louis's glad that the room is empty.

3:22He's got a recording device inside his bag and he wants the best chance to catch Jazz on tape. Jazz walks over to the bar and grabs a leather gym bag while Louis makes himself at home on the couch. Jazz's bag lands on the coffee table with a thumb. Take your time to count it, he says, as Louis leans forward. Louis performs a cursory check of the bag's contents. It's bundles of ten and twenty dollar bills, fifty grand and all. After a man and he leans back and tells Jazz that he's satisfied. Then he waves his hand at his partner who holds out a blue pan-am bag for Jazz. As agreed, there's forty seven thousand inside. Jazz takes the bag and has a quick look at the stacks of hundreds. This money ain't dirty? He asks? Louis smiles. As long as his recorder caught that question clean, that's evidence of Jazz participating in money laundering.

4:26But he's not done yet. He assures thirty-six year old Jazz that the cash is clean, then pivots to other matters. He explains he wanted to buy a package of hair when directly from Jazz some time ago, but settled for a small amount from an underling known as Fat Stevie. Jazz shakes his head, clearly embarrassed that such a reliable ally was given the runaround. Jazz says, should I had him check in with me, man? Not realizing it. He's admitting the taking part and an archaulix conspiracy on tape. Louis nods, spreading his hands as if to say, well, what's done is done. And it is done. Louis stands satisfied that he's got what he came for. He knows not to stick around fishing for more evidence when his business with Jazz is finished. Still, would have been nice if he'd somehow implicated other members of the crime ring too. Even if he'd just mentioned them

5:27by name, it could have been enough to rope them into the conspiracy. But there's time for that. As Jazz walks him to the door, he chatters on about how men like them are doing the same thing as industry titans like the rocket fellers in the Vanderbilts. Louis doesn't say anything, he just lets him run his mouth. Then, as Louis's partner has his hand on the door, Jazz asks, what's this I hear about a hit on Nick? Louis stops dead. He can't believe this plan worked. A while ago, the DEA got word that a rival drug dealer had put feelers out about having Nikki Barnes assassinate it. Louis fed the story to some of his contacts with the Nikki's Empire, hoping it might provoke some kind of reaction the feds could use against him. And now, it seems like it's paid off. Because by mentioning him in this conversation involving money laundering and drug deals,

6:28Nick's partner just implicated him in a continuing criminal conspiracy. And that might just be enough to finally bring down Mr Untouchable. From Airship and Evergreen Podcasts, I'm Jeremy Schwartz, and this is American Criminal. I'm not a criminal. By 1977, Nikki Barnes and his partners on the council were selling something like $100 million worth of heroin every year. That's a staggering number, and it makes it easy to see

7:33why the government was so eager to bring them down. But with years of experience in the industry, and after being convicted because of careless mistakes in the past, Nikki had learned how to keep himself insulated. He'd become Mr Untouchable. Or so he thought. When Nikki was finally arrested, it came as a complete shock to him. Not because the feds had caught him, but because of how it all unfolded, he'd been ruined by a trusted friend who couldn't help running his mouth. Still, Nikki was confident he could beat the system one more time. The only problem was that another one of his so-called brothers was working against him in secret. And when Nick found out he had two choices, except his fate, or burn his entire empire to the ground. Now you tell me which option do you think he chose.

8:33This is the final episode in our four-part series on Lee Roy Nikki Barnes, cold, calculated revenge. It's an afternoon in late August 1976. Manhattan is sweltering under the summer sun, but in Midtown, 40-year-old Matthew Madonna waits patiently inside his air-conditioned car. Beside him is one of his top lieutenants, someone he trusts implicitly. They're parked just across the street from FAO Schwartz, the famous toy store. Maddie watches children drag their parents through the building's entrance. Hopefully they'll get to pick out something to take home. Maddie is also here to pick something up, but it's a little more valuable than a toy. He's expecting a delivery of five kilograms of heroin, which has been smuggled to him from a contact in Thailand. It's a small amount from Maddie, who makes big money buying imported powder

9:35and selling it on to high-level dealers. Ordinarily, he relies on other people to do the heavy lifting of importing the drugs, but after a recent shipment was confiscated by the DEA, his usual contact has been tied up finding a new source. Maddie didn't want to wait, so he found his own supply of heroin at a Bangkok and agreed to go into business with them. Today's shipment is a test run. If all goes well, he'll give the green light on a 500 kilo shipment, which will cost $6 million. The plan is that it'll split the cost of this next package with his long-time customer, Nikki Barnes. $3 million is nothing to either of these guys, especially not Nikki, who stands to make a lot more than that from the heroin when his street dealers sell it to customers throughout Harlem. Maddie wouldn't normally be here to accept a delivery like this. He's been in this game long enough to know that being too close to the product is dangerous. He taught Nikki that

10:39same thing when they were imprisoned together years ago. Usually, he has his men handled things like this for him, allowing him to stay far away. But today is different. He's going to try his hand at a new aspect of the business, and he wants to make sure things go smoothly. Maddie checks his watch. His guy's running late. He should have been here a half hour ago. Still, he is coming directly from the airport, maybe his flight was delayed? Just as Maddie is wondering if they should find a pay phone to check on the plane's status, a Ford Grenada pulls up behind him. His point man, Joseph Borello, is at the wheel. Maddie lets out a sigh of relief and signals to his lieutenant to get out of the car with him. They step out onto the busy New York street just as Joseph does the same. Joseph's got a sheen of sweat on his forehead, which Maddie attributes to an afternoon spent in traffic. As Maddie approaches the Ford, Joseph walks to the trunk and taps on it, indicating where

11:44the package is. Then, he holds out the car keys. In a decision that'll haunt him for years, Maddie takes them from him. Moments later, the three men are moving to get into separate cars once again, when the whale of sirens rises over the city's usual buzz of traffic. That soon drowned out by the steady roar of a helicopter drawing closer overhead. Maddie's arms drop to his side as a stomach plummet. He knows what's about to happen, and there's nothing he can do. Within seconds, police cruisers screech to a halt and surround them, blocking escape for Maddie and his guys. In short order, all of them are handcuffed and led to separate patrol cars. As he's helped into the back seat, Maddie can't believe how stupid he was. He knows better than this, and now his recklessness has ruined him. In December of 1976, Maddie Madonna is sentenced to 30 years behind bars for conspiring to smuggle

12:49heroin into the country. Judge Robert Carter calls out the potential victims of the scheme when handing down the sentence. As a black man, he has particular concern over what happens to Harlem, which is where the drugs would almost certainly have been sold. It's practically common knowledge that Maddie supplies Nikki Barnes. Had it succeeded, Maddie's plot could have destroyed thousands of families, Judge Carter says. But those people are safe, at least for now. The upshot for Nikki is that he needs to find a new supplier. Maddie's been the council's main hookup for almost five years, and replacing him won't be easy. Eventually, though, Jazz comes to the group with an option. He's found a guy in Spanish Harlem, which is also known as East Harlem. Jazz's guy, Benito Cortina, has plenty of product to move, so the council gives him 250 grand for their first delivery. Nikki's not really impressed with the quality of Cortina's stuff. He's used to heroin that comes

13:55down to a mezzo fluffy white powder, but this is a different form. It's moist and dark brown in texture. Mexican brown, it's usually called on the streets. In Nick's opinion, it's nowhere near as good as the product Maddie used to get them. And it'll take a lot more work to turn the substance into a powder, hours of drying it out, then grinding it in a blender, but there aren't really any other options, so they make do with what they've got. And despite what Nikki thinks of as a dip in quality with their product, life carries on for him and the rest of the council. Next, still the most visible member of the group, which isn't something he really resists. On Christmas Eve 1976, he stands on the corner of St. Nicholas Avenue in 126th Street, handing out turkeys to needy families. Reporting on the story, we'll notice color coordinated designer outfit. His loud charity reminds some journalists of the work done by Tammy Hall at the

14:56turn of the century. And for those who listen to our series on boss, Tweed, this is work the group did after his spectacular fall from grace. But Bill Tweed, screwed over his constituents at every turn, was seemingly no regard for how much harm he was doing. Nikki Barnes, however, recognizes the contradiction in handing out charity while being responsible for a lot of problems. But he finds a way to justify it to himself. He figures that if he doesn't control the flow of drugs in the community, someone else will. And maybe he's right about that, but it doesn't make him a hero though. While all of this is going on, Maddie Madonna's arrest and trial, the council's sourcing of a new supplier and Nikki's festive charity, there are forces at work to help bring down Harlem's chief drug lord. And it starts with the simple arrest of a low-level criminal named Robert Geronimo. He exists on the outskirts of the council's organizations, the lackey of

15:59Guy Fisher's younger brother, Wally. He's picked up sometime in 1976, running a scam selling non-existent TVs to people he finds in the phone book. Once the authorities start talking to him, they realize he might just be the key to bringing the Barnes operation undone. It's unclear who makes the first offer, whether Robert offers access to Nikki or if the feds ask him for help. But they come to an arrangement. They'll pay him $200 a week, which is about $1100 adjusted for inflation. In exchange for that decent salary, he'll try to get them the goods on Nikki and the rest of the council. Robert's partnered with Louis Diaz, an experienced young DEA agent who poses as his uncle Louis D. Once that set up, Robert goes to work, telling Wally that his uncle is a big name guy who works with several different mafia families. Apparently, Wally's got a bit of a need to prove that he's just as bad-ass as his brother, so he agrees to hook up

17:04Uncle Louis with some heroin from the council's supply. Then, thinking that he scored himself a big shot new friend while he shows off for him. He takes him around the city and gives him a tour of all the places the council leaders like to hang out. Their favorite bars, their private clubs. He boasts that he's Nikki's right-hand man, that he's got all the access. He doesn't though, so Louis knows they need to work another angle to get close to the throne. Eventually, Robert and Louis exploit Wally's new yellow Corvette stingray to gain access to the inner circle. When Diaz hears that this Louis D can get him a Corvette of his own for basically nothing, he gets friendly in a hurry. Pretty soon, Diaz brings Louis to his private club, the Jegoze, and shows it off to him before completing a cash swap in a money laundering deal. Unbeknownst to Wally, Jazz, and all the rest, their conversations with Louis are all caught on tape.

18:06Even Robert has a recording device on him sometimes. And come the end of winter 1977, the feds are pretty sure they've finally got enough to make a move. It's time to take down the king. It's March 15, 1977. Just a few days ago, the charges against Nikki from his arrest in 1973 were dismissed. That was from when cops found a half a joint in his penthouse bathroom. Now that the case has been dropped, the 44-year-old is free of all charges for the first time in about four years, so he's in a pretty good mood. Until he realizes he's being followed. Next been dealing with police tales for long enough to know when he's got one on him. He pulls over outside a bar near 138th Street and goes inside. He passes the bar tender as gun and asks the guy to hide it for him. He knows his reputation in Harlem. He knows that no one

19:07around here is going to say no to him. Then he heads back to his car, gets behind the wheel and starts heading home. After just a few more seconds though, he gets frustrated with the cars riding his bumper. He hits the gas and just blows right through a red light in an effort to shake the tail. But they stay with him. The unmarked car is closing in around him. And then the sky lights up as an NYPD helicopter drops down low over the street, brushing dangerously close to the tops of the buildings. The chopper speaker blares out in order. You're under arrest. That's when Nikki finally hits the brakes, totally overwhelmed by what's happening to him. He just can't understand it. He's been so careful and he knows he knows that they got nothing on him. But he is wrong. The same day the authorities pick up Nikki Barnes, 25 other people are arrested in a massive coordinated raid across the city. It's the combined effort of a federal task force and the NYPD's

20:12narcotics division. They've been building their case for months. And as news of the bust hits the city's media, everyone's asking the same question. How was Mr. Untouchable going to get out of this one? It's April 29, 1977. About a month and a half since Nikki Barnes was arrested and charged with narcotics conspiracy and heading a continuing criminal enterprise. Earlier today, he was released on $300,000 bail and one of the first things he did was call an emergency meeting of the council. Nick arrived early to set up a tape player and connected to the speakers in the VIP room. One by one, other members walk in. Frank, Ishmael, Wally, Gaps and Jazz. Guys not here because he's

21:16serving time over a criminal impersonation charge from a while back. But guys not important to Nick right now. There's only one person who matters to him today. Once they've held hands and said the vow that opens all their meetings, treat my brother as I treat myself, Nikki pushes play on the tape deck. All of a sudden, Jazz's voice fills the room. Then, Louis D's. Nick watches Jazz impassively as the conversation plays out right up until the moment when Jazz asks, Yo, Diaz, what's the Zahir about to hit on Nick? The tape stops and the room is dead silent. Jazz has tears in his eyes, but Nikki's got no sympathy. His blood's boiling. He pulls out his gun and holds it up to Jazz's head. He screams at him. Why did you mention my name? Nick's finger curls around the trigger. He's ready to put a couple of bullets in Jazz's head, but Frank's hand comes

22:16up and slaps Nikki's arm down. Nick takes a breath. He knows he's not thinking straight. As much as he wants to, he can't kill Jazz. But he will get his revenge. Following Nikki's arrest, he spent time in jail listening to the hours and hours of tape conversations the feds had amassed. Turns out they tapped all his phones and placed bugs throughout Harlem City Motors the garage he owns. At first, he couldn't work out why they thought they had anything to justify his arrest. But once he heard that tape of Jazz talking to Agent Louis Diaz, he understood. And although he wanted to kill Jazz for being so careless, he quickly realized the doing so, well, it wouldn't help his case. Then again, Nikki's public image is in a weird place in the lead up to his trial. For years now, he's been this larger than life presence in Harlem.

23:18He's marketed himself as a successful businessman, not unlike the stories Al Capone told the media throughout his reign in Chicago. But everyone knows what he does. It's an open secret that he's one of the biggest heroin dealers in the country. So people seem to feel this mixture of respect, awe, and fear when it comes to Nikki Barnes. And that is an irresistible combination for the media. In late May, next lawyer gets a call from a reporter with the New York Times magazine. He's writing a piece about Nikki. It's going to be the cover story and they want him to pose for a photo. The lawyer turns down the request. There's no way cooperating with this story will look good for his client. But this is followed up by a call from the executive editor of the New York Times. He says that the cover story is going to happen with or without Nikki. If he doesn't pose for the photographer, they're going to print one of Nick's mug shots on the front of the magazine instead.

24:23So a couple of days later, Nick's in what he thinks of as a respectable off-the-rack suit. Gray denim with a red, white, and blue neck tie. He's got large sunglasses on. And when the camera's on him, his mouth turns down into its natural expression, a frown. The magazine hits stands on June 5th and Nikki's photo appears next to the headline, Mr Untouchable. The accompanying story is a deep look in the next past. His status in the community and the crimes he's accused of. And this is the New York Times magazine we're talking about. Plenty of people are going to see this, including President Jimmy Carter. After reading the article, he tells his cabinet that the case against Nikki Barnes is the most important one in the country right now. They have to win it. Nicky's trial begins in late September and it's far from a simple affair. There are 14 other

25:23defendants being tried alongside him, each with their own attorneys. Still, Nick heads into the thing quietly confident. He's Mr Untouchable. The authorities haven't been able to get anything to stick to him for years. Plus, he's fronted courts plenty of times before this, and he's pretty sure he knows how to help his lawyer pick their jury. See, he thinks that Italians are more inclined aside with him since he's traditionally done business with Italian crime families. He also likes to pick people from neighborhoods like Harlem, places in the city where he's more likely to be popular. As opposed to, I don't know, the upper east side maybe. These are tactics he's used in the past during the voidier portions of his trials. Only on that first day, the judge rules that the entire pool of potential jurors will be assigned numbers, which will be their only identifying feature within the courtroom. Their names and home addresses will be kept

26:26secret. In an effort to protect them from threats of violence or offers of bribery, it'll be the first anonymous jury in US history, and the unfairness of the situation infuriates Nicky. At that moment, he's all about fairness. That changes real quick though. Nick and Guy hit an Italian restaurant for lunch that day, and Guy tells him that they're practically home free. He knows juror number two, knows her name, and where she lives. It's a relief to Nicky, because now they can simply give the woman a bribe to vote against conviction. That way, at the very worst, they'll be guaranteed a deadlock jury. Guy sends the woman a message through her family that night, and the next day, he tells the rest of the council that she'll vote not guilty for all of them for $75,000. It seems like a steal, only it doesn't work. In early December, the jury comes back with their verdicts. Nicky Barnes is found guilty. Their deadlocked on Guy

27:33Fisher, though, which means he'll get another trial down the line. Unless the government decides it's not worth the effort. In January, Nick's sentence is handed down. Life plus 15 years, he's never getting out. There are glimmers of hope, though. Over the next few months, the feds reach out to Nick to offer him post-conviction deals, which they say they can only authorize before he's taken a prison to formally begin his sentence. So, there's a ticking clock. All he'll have to do is flip on the members of the council who are walking free right now. He tells the feds they can forget that he's not betraying his brothers. Back in New York City, things are kind of fallen apart for the council. They've largely stopped doing business with their main supplier, a guy by the name of Mikey Coco. He's too expensive for them, and he's always after them to pay him the money they owe, which they don't like. Because of this, their income is way down, and they're struggling

28:38to pay Nicky's lawyer while he works on an appeal. This is a key part of the council's founding principles. They're supposed to look after each other like this, cover legal bills, look out for one another's families, but without Nicky around to remind them, the rest of them let it slip. And then, there are the interpersonal dramas that are unfolding. First, the women in Nicky's life. His longtime partner slash common law wife, Thelma, finds out about his young girlfriend, Shemeca. She hears that Shemeca is telling people she's Nicky's wife. So, when Thelma sees Shemeca driving around in the BMW Nick bought for her, she follows in her own Volvo, ramming it into the beamer to pin it against a parked car. Then Thelma comes to see Nick, tells him she needs more money. So, he arranges to have a package of heroin delivered to her, and gives her specific instructions. She's to sell half of it to Nicky's longtime lieutenant

29:41Kurt. He'll pay her like she's a supplier. Then, she's supposed to give the other half to one of Nick street dealers, who dilute it and push it out to customers. Thelma wants to give all of it to the dealer. She'll make more money that way, but Nick's firm, she's a woman she shouldn't be dealing at all. Then, there's Frank James. His top lieutenant Rusty goes to see Mikey Coco on his own, making like Frank's in him. And, surprise, Frank does not like that. So, he decides this guy has to go and auditions potential killers. When he selects one, he has some very specific instructions for the hitman. He wants Rusty killed with ice picks, and then he wants Rusty's diamond ringed hand delivered to him as proof. Oh, jeez, and did I mention that Rusty is Frank's brother-in-law? Yeah, that's his wife's brother he has killed. When he hears about this, Nicky's concern.

30:44Executions are supposed to be decided by everyone in the council, but Frank just went rogue on this one. And he's not alone. Ishmael's wife visits Nicky too. She's worried that Frank and her husband are both using a lot of cocaine lately, which is something they've always done, but it's worse now. She also has a request for Nick. Ishmael has been very rough with her lately, like violent, and she doesn't know what to do. She asked Nicky to speak with him about it, but Nick doesn't want to get involved. He tells Helen that it's her job to be strong for her husband. She needs to stand up to him herself, he says. Needless to say, this is just awful advice all around. Though if we're being charitable about things, Nicky does have problems of his own to deal with. In April of 1979, about a year after his sentencing, the second circuit the knives Nick's

31:46appeal, then the Supreme Court declines to review his conviction. At this stage, Nicky's fed up. He's basically lost all hope of ever going free and he's losing faith that his so-called brothers are going to take care of him like they're supposed to. When they reach out to him for his help finding a new heroin supplier, he says he'll see what he can do. Then he calls Thelma and tells her that he's going to connect her with the supplier and the council are going to have to go through her from now on. That way, Nicky can stay at least peripherally involved. His satisfaction is short-lived though because Thelma tells him that she saw Shemeca getting cozy with another man, Guy Fisher. Nicky's flawed. His brothers are supposed to be looking out for his loved ones. In fact, he's specifically asked Guy to watch over Shemeca before he was sentenced. And that's another council rule broken. They're not allowed to fool around with one another's wives and girlfriends.

32:51Nicky reaches out to Shemeca who denies that anything's going on. Still, Nick wants to get her away from Guy. So he sets her up with a package of drugs to deal out through her brother. That way, she won't need to rely on anyone else for money, especially not Guy. But it turns out the Guy Fisher has been a bigger problem than Nicky realizes. In April of 1981, about four years after he was first sentenced, Nicky transferred to a facility in Indiana. There, he reconnects with a man from Guy's crew who tells him that Guy's been screwing everyone over. He hasn't been putting his side money for his crew members who are behind bars. They should each get 500 bucks for every week they're inside. Guy's giving them nothing. He's also supposed to be giving money to the wives and girlfriends of those same men. Another standard expectation of someone in Guy's position. What he's apparently doing instead is sleeping with some of those women. And with all that money,

33:56he's not giving to the men serving time form. He's bought himself three rolls of voices. All while Nicky's wasting away in federal prison. The hits keep coming too. Nick soon gets word that Thelma's been spotted hanging around some guy called Tito Johnson. When he asks her about it, she waves it off, insisting that she's just getting cocaine from him. Well, Nicky doesn't believe that for a second. He tells her she can be with this Tito guy if she wants, but she has to give him back everything he ever gave her. Then he gets an envelope in the mail containing the single sheet of DEA letterhead and two dozen surveillance style photos of Shameka on various dates with Guy Fischer. That's the final straw. Now barely able to think about anything except his wife and his girlfriend, Nick summons Frank to see him. Nicky's known Frank the longest of any of the council members, and he's historically been the most trigger happy among them. So with both of those things

35:01in mind, Nick asks Frank for a favor, execute Guy, and warm up for the task by taking out Tito, Frank nods and promises that'll get it done. But he doesn't. Weeks pass and Nicky doesn't hear anything. He's feeling betrayed by everyone he made wealthy, everyone he taught how to play the game, and he figures there's only one thing left he can do. He sends word to the DEA. He's ready to talk. Hey everyone, don't forget to head to americancriminal.com slash vote to help us choose what stories we cover in upcoming seasons. There are no wrong answers. This is your choice. You can also find a link to the poll in our show notes. That's americancriminal.com slash vote. It's July 12, 1981. At the Terrahote Federal Prison in Indiana, Nicky Barnes is led to a private

36:14meeting space just off the visitation room. He opens the door to see an unfamiliar man in a suit sitting at the table. The door snaps shut behind Nick and he takes a seat across from the stranger, who introduces himself as DEA group supervisor Larry Galina. He's the one who sent the photos of Shemeca out on the town with Guy Fisher. He guessed it might loosen Nicky's tongue. He was right. Before they get down to business, Larry lays out the deal. The government can't reduce Nicky's sentence at this stage. It's too late for that. What they can do is make his cooperation known to any quarter body like a parole board. Nick nods. At 47 years old, he spent the last four and a half years in federal prison and he knows he's not going to get out. This isn't about that. This is about getting back at the people who've let him down. He could have taken a deal years ago when he

37:17was first sentenced, but he didn't. He kept his mouth shut to protect his brothers and what have they done for him? Not a damn thing. Over the next hour and a half, Nicky gives Larry a basic idea of what's been going on, who the members of the council are, who's supplying drugs to Thelma and Shemeca about the various murders as men have committed over the years. That last part really gets Larry to pay attention. Mostly, Nicky focuses his attention on Guy. He's who he really wants to take down. The feds can do all the legwork to dig up dirt on whoever they want, but Nick will do anything he can to see Guy Fisher behind bars. Larry tells him that, no, that's no good. They want his help taking down the whole organization or there's no deal. When the meeting ends, Nicky says he'll think about it, but it's not much of a decision, really. Everyone's already dead to him, so why shouldn't

38:19he help shovel some dirt onto their graves? About six months after he first speaks with the DEA, Nicky is moved to the Metropolitan Correctional Center in Lower Manhattan. The feds and panel are grand jury to investigate organized crime and transfer other high-profile drug offenders to the city to testify alongside Nick. That way no one gets suspicious about why he's there. Over the next few months, he has meetings with the members of the council, Thelma and Shemeca, trying to set each of them up to do or say something incriminating while they're being watched. He only manages to get the goods on Thelma and Shemeca, though. He tricks both of them into selling to undercover DEA agents. Thelma apparently brags to this agent that she's in control of the Barnes Empire now and is doing a much better job than her husband ever did. She's not as flashy as he is, she keeps it low key. As 1982 unfolds, Nicky returns to Indiana where he continues his work with

39:28the feds, speaking with the members of the council as if nothing is wrong and slowly setting them up to sell or buy from undercover agents. The only one he struggles to maneuver into place is the one person he really wants to take down. Guy, he's still desperate to make him hurt. Especially when he finds out the guy went out of his way to screw everyone else over a trial. You remember the juror he was gonna bribe to vote for acquittals for everyone? Well, according to the feds, Guy actually told her to acquit just him. Seems he wanted to take Nicky's empire for himself. And although Nicky's sure he just needs more time, the government is ready to make a move, even if that means they can't nab everyone. In October of that year, Nick is moved from Indiana back to New York, where he's placed in an apartment beneath the federal courthouse in Foley Square. And this is one thing's really start moving quickly. As a part of this deal, Nicky has to plead guilty

40:33to the murders the council committed. That's key to pinning those crimes on the other council members. Nicky's lawyer objects to this, but Nick decides to do it. He's in prison for life anyway, what's the harm? In total, he implicates himself in eight murders. And with that, it's time to move ahead. The arrests are coordinated, with Frank, Wally, Thelmond, Shemeca all picked up around the same time. Other people that Nick named are scooped up in raids across New York. And everyone knows who's behind hell, even the media reports that Nicky Barnes has turned on his former allies and his own wife and girlfriend. But he's well guarded. The people he's implicated, not so much. Plenty of the people make bail and are back out on the streets while they await trial. And because of what they know, who they don't business with, that makes some of them targets. One person in particular.

41:35Ah, well see, the supplier Nicky set Shemeca up with is a guy named Mark Ryder, who's involved with the Gambino crime family. Apparently, the feds are hoping that Shemeca will help them get evidence against Mark, who they can then use to get John Gotti, who's currently a highly-ranked Gambino on track for leadership. All that to say, Shemeca's a liability for several people. And of all the jewels, cars, fine clothes, and real estate Nicky amassed over the years, she might be the most beautiful, the thing that had been the most precious to him. That makes her an easy target for anyone looking to send Nick a message. On December 14, 1982, 27-year-old Shemeca is sitting in the monarch bar at 158th and Broadway. A man and a ski mask approaches her from behind and shoots her three times in the head. The news devastates Nicky, but it doesn't dissuade him from moving ahead with his plan.

42:40In January, he testifies before a grand jury, laying out all the details of his own crimes from 1973 onwards. He also formally pleads guilty to a number of narcotics charges and murders, setting the stage for him to bring the hammer down on his former associates. He still doesn't have any hard evidence he can offer on Guy Fischer, though, who had the gall to move in on Nicky's woman. Luckily, though, Nick's not the only person guy screwed over. It turns out a man who goes by the name of Chico Bob did a deal with Guy a while back, but he still hasn't seen his half of the money, and that ticks him off, so he goes to the DEA voluntarily. He has evidence of a murder Guy committed back in 1977. Specifically, he knows exactly where the body's buried. That helps seal Guy's fate. On March 10, 1983, DEA agents carry out more coordinated arrests.

43:46Picking up the rest of the council, Guy, Ishmael, and Gaps as well of some of their underlings. Doesn't take long for word to make its way back to Nicky that his brothers have put out a million dollar hit on him, but he's too well hidden for anyone to find. Two and a half years later, in October of 1985, Nicky returns to a courtroom to finally testify against the other council members. After he's laid out all their crimes, he points each of them out for the jury, looking him right in the eyes as he does. A month later, all of them are convicted on various charges, including narcotics conspiracy, racketeering, and running a continuing criminal enterprise. They're eventually sentenced to a life behind bars with additional years tacked on. No chance of parole. Nicky's happy with that as revenge is complete, but his story's not. In the years following his cooperation with the government, there's a concerted effort for

44:49Nicky Barnes to be released. Sixty minutes even runs a segment to investigate whether or not he should be allowed out, but without a presidential pardon, he's not going anywhere, and Reagan declines to give him one. Then, the US Attorney for the Southern District of New York goes before the Rules Committee in Congress. He convinces them to amend the law so that sentences can be reduced for criminals who cooperate after they go to prison. This means that Nick can be sentenced for his convictions. So in 1998, after two decades behind bars, 66-year-old Nicky Barnes is released from federal custody and begins a new life in the witness protection program. He takes the name Clayton Williams and lives in Minneapolis. In 2007, he publishes a memoir. Then he takes part in a documentary glorifying the years when his heroine, float freely on the streets of Harlem. Five years later in 2012, he dies from cancer

45:55at the age of 78, though his death isn't announced publicly until 2019. By the time his obituary appeared in the New York Times, Nicky's legacy had long since faded. In the decade since his convictions, contemporaries of his had attained much more cultural cash than he had. Men like Frank Lucas, whose story mirrors Nicky's in a lot of ways, and who got the Hollywood biopic treatment in the form of American gangster. Nicky never really got over the indignity that he only appeared in Frank's film as a minor character, and that no one ever made a movie about him. That bitterness seems to have been a theme in Nicky's story. He raged against the world for all manner of injustices done to him. The way law enforcement used dirty tricks to secure convictions, the stupid mistakes as accomplices made that implicated him, and the way that everyone failed him once he was sent

46:57away for good. And it's that last part that sent to be trail, fueled him, fueled his desire to put his life under the page. And although he claimed to have seen the error of his ways, his writing suggested that if he could have gone back and done it all over again, he probably would have just for the chance to relive his glory days as the heroin king of Harlem. From airship, this is episode 4 in our series on Lee Roy Nicky Barnes. On the next series, a serial killer stalks Manhattan's bars, then leaves his victim scattered in pieces by busy roads. We use many different sources while preparing this episode. One we can particularly recommend is Mr Untouchable. The rise, fall, and resurrection of heroin's Teflon Don by Lee Roy Barnes and Tom

48:03Fulson, and the documentary feature Mr Untouchable directed by Mark Levin. This episode may contain reenactments or dramatized details, and while in some cases we can't know exactly what happened, all our dramatizations are based on historical research. American Criminal is a co-production of airship and evergreen podcasts. It's hosted, edited, and executed produced by me, Jeremy Schwartz, audio editing and sound designed by Sean Rool Hoffman, music by Thrum. This episode is written and researched by Joel Callan. Managing producers are Emily Burke and Sarah Wilbrewd. Executive producers are Joel Callan and Lindsey Graham. If you care about bravery, wisdom, passion, larger than life characters, and some of the most emotional intense moments in human experience, you have come to the right place. My name is Daniela Bollelli, and it would be my honor to be your guide in a journey to the place

49:07where history and epic collide. Despite my insanely thick Italian accent, somehow history on fire is one of the most popular history podcasts in the world. If you give it a listen, you will find out why. Please check out history on fire wherever you listen to podcasts.