Not that anyone can guess what a jury will do, I’d expect the jury to come back today with its verdict. There is very little to discuss outside of the government approach to the case since the facts have already been conceded except to one or two of the particulars of the racketeering counts, the murders of the women. If the jury lingers on longer than today which seems highly doubtful it is either because there are some who are seeking to send the government a message that its actions have been wrong or like Pavlov’s dogs, the jurors are so used to coming to court in Boston everyday that they can’t wean themselves from doing it. After all, these were people who said that giving up their summer to sit as jurors at the trial was no great problem, remember the trial was projected to go into September, so some may be anxious to have a place to go to during the day.
If we can slip by the two outliers, we’ll see Whitey convicted, the case postponed until some later date for sentencing, the last day in the sun for the victims families who’ll be able to take the stand and tell the judge what a horrible man they believe Whitey to be and then stand in line outside the courthouse at the end of the day to air their views to the local media, and Whitey, who’ll have just turned 84, will go into the Bureau of Prison custody to serve out the remainder of his life in some hell hole reserved for the worst of the worst, the Terry Nichols and Robert Hanssen types.
Why then is there still a sour taste in my mouth at what went on. Is it because the friends of this man, some much worse than he, received government favors? Is it because we can see a man who admits to 20 murders walking free when it did not have to be so? Is it because a man who killed two women and perhaps many more than 20 other people was an FBI informant who refused to accept blame for any of them, always suggesting he had no choice to do them as a member of the underworld, or as he called it “the real world,” who absolutely was not needed as a witness received a deal that allows him to serve his time outside the federal bureau of prison’s custody and may be back on the street since the government refused to guarantee that it would not file a Rule 35 motion to set him free. If that man is ever set loose then the trial was truly a sham since the government argued to the jury it would not do it, but was it engaged in another bit of skullduggery as it did with David Lindholm and blamed his release on his lawyer.
Does the off taste remain because we got a closer look at the FBI and the Boston Media? The media that is so lopsided on the side of the government that the closeness gives ones chills lest they morph into one. The media that has published books containing more fiction than facts yet persists in the fictions by not reporting the evidence straight out, using government questions as a basis for its reports, calling them government accusations. The media because it lacked a semblance of fairness deprived us of hearing Whitey’s testimony. Is there any doubt that the prosecutors with the gleeful assistance of the media would not have gaily and daily, if not every few minutes, in its cross-examination peppered questions at Whitey with statements implicating his brother Billy in every one of his murders. Any doubt on that evaporated in an instance when prosecutor Kelly apropos of nothing asked an FBI witness whether Billy Bulger was a guest speaker at John Connolly’s retirement party. I’d guess that one inept and inappropriate question sealed the question in Whitey’s mind along with him having learned how the media treated the testimony of FBI agent Robert Fitzpatrick whose great problem seems to be his belief that lifting up the cover over the corruption in the Boston FBI office was what he took an oath to do.
Some may think that Whitey never intended to testify. I disagree. He direly wanted to tell his story. Do I have inside information on that? I guess you could say so because of my experience as a litigator on both sides of the criminal aisle. The cross-examination of the first gangster witness John Martorano told me quite clearly that Whitey would take the stand. Defense counsel didn’t do anything to show Martorano could not be believed when he said Whitey was in the back-up car, or as he would have it the crash car. Brennan avoided the area pretty much, an area ripe for plucking which is a traditional area a defense lawyer would wade into and whack the witness around with, or at least would have heavily emphasized Martorano was the one with the grease gun doing the killings and he was just adding Whitey in like one would salt a piece of fish to spice it up to make it irresistible to the federals. It continued on, except for the women murders, up through John McIntyre the defense counsel tip toed around the murders.
It all shouted out to me that Whitey would take the stand. When he didn’t it had to have been a compelling reason for him not to have done it. His failure to do so left J.W. Carney in the unenviable position of having to argue Whitey did not participate in the murders when he didn’t question his involvement in them during his (Brennan’s) cross-examination.