BOSTON (MyFoxBoston.com) – After four days of deliberations, jurors have yet to reach a verdict in the trial of James "Whitey" Bulger.
So far, jurors have had the case for 28 hours. In that time they asked a number of questions and requested clarification on instructions. They remained relatively silent Friday, not asking a single question of the court for the entire 7 1/2 hours they deliberated.
One of the few questions even asked Friday was from Assistant U.S. Attorney Brian Kelly. Kelly requested that defense attorney J.W. Carney be admonished for violating a local gag order in the case for making appearances in the media. Kelly, referencing a Boston Herald headline, said Carney was trying to curry favor by praising the jury.
The headline read, "Whitey Bulger's lawyers praise diligent jury." The article contained a quote from Carney, "The longer the jury stays out, the more it shows us they are as conscientious a jury as I have ever seen. I know the prosecutors believe that and the judge believes that."
Kelly said that Carney doesn't speak for the prosecution. He said it was one thing if Carney wanted to share his "strange personal habits" with the media, but said he was obviously attempting to influence the jury by praising their diligence.
The jab arose after Carney showed members of the media that his toenails were painted purple during a recent pedicure on Thursday. The revelation was quickly tweeted by a number of media outlets.
Carney argued that he has adhered to the gag order. Carney and Brennan routinely speak to reporters outside of the Moakley Courthouse. Prosecutors had previously asked the Judge Denise Casper to require the defense team to follow the gag order rule.
Also on Friday, Bulger waived his right to a forfeiture hearing for $822,000 in assets recovered from the Santa Monica, Calif. apartment he was staying in when he was arrested in 2011.
Jurors will return Monday at 9 a.m. to continue deliberations.
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