Whitey Bulger takes case to the Supreme Court

BOSTON — It is now up to the highest court in the nation to decide if notorious gangster James ‘Whitey’ Bulger got a fair trial.

The killer was convicted in a blockbuster trial nearly three years ago.

Last month, FOX25’s Bob Ward spoke with Bulger attorney Hank Brennon and he confirmed plans to appeal to the United States Supreme Court.

The paperwork was filed Aug. 11.

Brennan said the basis for the appeal will be that Bulger was not allowed to testify about his relationship with the FBI, and what amounted to a “license to kill” agreement with now deceased former US Attorney Jeremiah O'Sullivan.

One of the highlights of the 2013 trial was when Bulger stood up in court and declared the trial a sham. He also refused to testify saying that he felt the court “choked off his opportunity to mount an adequate defense.”

That, Brennan said, will be the cornerstone of the Supreme Court appeal.
Boston attorney and former federal prosecutor Brad Bailey said it could be an uphill battle to convince the high court to take up the case.

“The Supreme Court tends to only look at cases of really global issues. And, in this case, Whitey Bulger’s lawyer Hank Brennan has from the start claimed that he was deprived the right to present a fair trial - that being Whitey's claim that he was immunized from any of these crimes,” Bailey said.

Bulger was convicted on 31 racketeering counts, including his role in 11 murders.

Bailey also said Bulger’s outburst could impact the Supreme Court’s decision to hear the case.

“It could come back to haunt him because he had an opportunity to go up there and put on a defense. The fact that he indicated that he wasn't going to try to do anything is something the courts could look at,” Bailey said.

While all this is going on, Oklahoma and Florida, still have pending charges against Bulger.

If the US Supreme Court overturns Bulger's federal court conviction, conceivably, those states could still move forward with potential death penalty trials.

In June, Bulger's possessions brought in more than $100,000 at a public auction.

Cox Media Group