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James Whitey Bulger Denied New Trial

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James Whitey Bulger, the onetime leader of Boston's notorious Winter Hill Gang, has been denied a new trial by the 1st U.S. Circuit Court of Appeals, in a recent decision that held scathing remarks for Bulger Attorney Hank Brennan.

Intricate to the appeal Brennan argued was the fact that Bulger, now 86, was denied his rights to present a defense, denied his rights to a fair trial and also alleged systemic corruption.

Judge O. Rogeriee Thompson said in the ruling, "A trial court judge was left with a broad, bald assertion from defense counsel lacking any particularized details that Bulger entered into an immunity agreement with O'Sullivan."

Bugler who, in the 1970's and 1980's essentially ran South Boston with a large criminal network that included extortion, money laundering, gambling, narcotics distribution, prostitution and racketeering and advanced his organization through violence, intimation, force and threats. He was considered ruthless. He had strong ties to the New York Mafia families.

From all accounts former Assistant U.S. Attorney Jeremiah O'Sullivan offered Bulger an immunity deal in the 1980's in exchange for information and protection against the Mafia members he prosecuted.

Bulger, once known as Boston's organized crime boss, received a tip in 1994 that he would be arrested based on a pending indictment and fled the area and basically disappeared. He was arrested June 22, 2011, 16 years later, in Santa Monica, CA., where he and his longtime girlfriend, Catherine Greig, has lived seemingly under the radar.

Bulger was finally brought to trial and found guilty in 2013 of 11 murders, extortion, money laundering, drug dealing and weapons possession.

Prosecutors indicate that Bulger could in fact take the stand to testify with severe limitations on what he could enter in as evidence. Essentially any question that allowed Bulger to present or elaborate on an alleged immunity deal made by now deceased Jeramiah O'Sullivan was denied from the beginning.

Prosecutors drilled holes in Bulger's attempts to expose any immunity deal or in fact the reported Upper Echelon deal the mobster reportedly made with the now deceased Jeramiah O'Sullivan.

The repeated rulings against Bulger knocked the strength from Brennan's approach which motivated him to shift into a strategy of destroying the credibility of the other federal witness including John Marttorao, once a member of the Winter Hill Gang, who turned government witness.

The appellate bench explained the charges against Martorano were investigated and found to be false.

"For the reasons spelled out above, Bulger got a fair trial and none of the complained-of conduct on the court or government's part warrant reversal of his conviction," the appellate judges concluded.

Bulger, who is serving a double life sentence plus five years, can appeal to a full six court judge bench.

Brennen, who argued the appeal in July 2015, did not return an email request for comments.

 

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