EagleTribune.com, North Andover, MA

World/National News

August 3, 2013

'Whitey' Bulger won't testify, calls trial a sham

BOSTON (AP) — James “Whitey” Bulger called his racketeering trial a “sham” yesterday as he revealed he would not testify in his own defense, a decision that prompted a cry of “coward!” from the widow of a man he is accused of killing.

The highly anticipated decision came after Bulger met with his lawyers behind closed doors for about 20 minutes.

After attorney J.W. Carney Jr. announced the decision, Judge Denise Casper asked Bulger if he had consulted with his lawyers and if he was making the decision voluntarily.

With the jury out of the room, Bulger told the judge his decision was made “involuntarily.”

“I feel that I’ve been choked off from having an opportunity to give an adequate defense,” he said. “My thing is, as far as I’m concerned, I didn’t get a fair trial, and this is a sham, and do what youse want with me. That’s it. That’s my final word.”

Bulger railed against the judge’s decision prohibiting his lawyers from using an immunity defense. Bulger has claimed he received immunity from a now-deceased federal prosecutor, Jeremiah O’Sullivan.

“For my protection of his life, in return, he promised to give me immunity,” Bulger told the judge.

Casper ruled before the trial that the supposed immunity was not a legal defense to crimes including murder.

“I understand, sir, if you disagree with it,” Casper replied.

Family members of Bulger’s alleged murder victims looked dejected over his decision not to take the stand. Patricia Donahue, the widow of one alleged victim, yelled “you’re a coward!” while Bulger was speaking.

“If you think you had an unfair trial, then get up there and tell all,” she said outside the courtroom afterward. “I am so disappointed in this whole trial. I thought that at least he would be man enough to get up there.”

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