We’ve been waiting for Judge Stearns to decide on the motion filed by Whitey’s lawyer J.W. Carney back over a month ago. It came in sometimes overnight or in the early morning hours. Many of the requests in the motion were deemed moot because the government alleges it already has provided that information to Carney. We learned that the Government will not produce Patrick Nee as a witness so Whitey will not get any evidence of his cooperation with the government. Also, the same applies to James Martorano, Murderman’s brother. Two nice morsels to be tasted on cross-examination gone.
Requests for the presentence report (PSR) of Murderman Martorano was denied. Requests for the prison records and PSRs of Kevin Weeks, Patrick Nee and James Martorano also denied. These denials were based on the government’s assertion that it has or will provide all exculpatory evidence or material that is required under the law.
The requests for communications between the U.S. Attorneys office and other law enforcement agencies relative to Whitey and the Winter Hill Gang or any of the communications among the AUSAs about Stevie, Weeks or Murderman are also denied: “except as to any correspondence reflecting the existence of any agreement, formal or informal, acknowledging or memorializing the conferral of immunity on defendant by the U.S. Government or its authorized agents for any past or prospective crimes for which defendant was responsible (or an affirmance that no such correspondence exists).”
Judge Stearns has taken the bull by the horn and is limiting the discovery to keep this matter on track. Carney’s elaborate motion for roaming discovery is confined to the narrow issues that may come up at the trial.
But there is a shocker hidden in all this. At the end of the order is this:
“It is further ordered that defendant respond, by January 4, 2013, to the government’s assertion that defendant’s claim of immunity is a matter of law to be decided by the court. The government will have until January 23, 2013, to submit a further reply on this issue.”
This is a complete turn around by Judge Stearns. He has previously stated that the matter of defendant’s claim of immunity is a matter of law and fact and that it has to go to the jury. He is now backing off on that.
If he goes along with the government which seems to be the case having climbed down from his prior statement, this blows a big hole in Whitey’s case. It takes the heart out of his defense. It cuts out a great deal of his evidence that he would want to present to the jury.
It also puts Judge Stearns in the position of deciding actions of prosecutors who he worked with when these events were happening. He was asked to step down from the trial because that would be the case. If he takes the decision out of the hands of the jury, his refusal to recuse will come under question.
It is sort of fitting to be writing about it on this date because it will have the same effect on Whitey’s defense as the attack on Pearl Harbor had on the U.S.’s defense forces. The U.S. took two or three years to fully recover, Whitey doesn’t have that time. He has about six months to line up his defense but having the possibility of not being able to use half or more of his planned tactics has struck at the heart of his case.
I don’t want Whitey giving up all hope. Whitey should remember that even though most of the U.S. Navy fleet was lost at Pearl Harbor the U.S. did muster enough strength to destroy the Japanese Naval forces in the Battle of Midway six months later. So six months is still a good amount of time.
Yet, there’s no way he can beat all 19 murders. His plan was to beat some, leave a few, and then tell the jury he had immunity for those. Judge Stearns has just indicated that may not be such a good plan.
Judge Stearns is moving full steam ahead. ADX Florence, Colorado just became a little closer.
The guy in the back seat of the Tow truck was Pat Nee. The only person stating that the backseat shooter was wearing a mask is Weeks. None of the numerous eyewitnesses to the Halloran/Donahue murders, which took place in broad daylight, mentioned a mask. Weeks was a new guy with Bulger in 1982. Nee already had a few murders under his belt by then. Bulger wanted Flemmi, but did not locate him. Nee was available. Wyshak,Foley,Doherty all know Weeks is lying. Weeks has lied under oath in various trials. The Govt is petrified about this. Carney will have a field day with Weeks. Think of all the crimes that Bulger can tell Carney that Weeks comitted.
Three people, Bucky Barrett, John McIntyre and Debbie Hussey were murdered in Nee’s brothers house, and buried in the cellar. Nee brought John McIntyre to the house. He was there when Barrett was killed. He helped bury Barrett and McIntyre. He helped dig up the bodies, who were reburied near Florian Hall. Nee has not been charged with any crimes.
Just after Bulger became a Fugitive, Weeks and his then girlfriend, traveled to Oneida NY, where Nee was imprisoned. Do you think that the 2 friends concocted a story to protect each other ? Wyshak et al are not much better than the scum that they are protecting. Bulger knows that he is near the end. I believe that this old gangster will set the record straight, if he lives to go to trial. I think he will live, revenge keeps the heart beating.
Bob:
All I can say is that you are right on the money with what you wrote. It does make me wonder how the prosecution team can know Weeks is lying and still use him as a witness. I suppose that’s where our system of government breaks down. If I as a state prosecutor did something like that I’d probably have the feds breathing down my neck trying to jam me up, but there is no one who oversees them so they can do whatever they want without any consequences even have witnesses come up with outrageous testimony as Weeks has done. At one time I had one of the fed prosecutors threatening to call an ADA who used to work with me into the fed grand jury because they did not like the recommendation he made in some case. He asked me to represent him (I had left the DAs office) which I did and I went back and forth with them over this telling them they had no right to second guess an ADA’s recommendation and have him explain to them why he made it. Their case broke down another way and the issue became moot. But it shows the feds think they are above the laws and can decide for themselves what is right or not.
There is no question Nee was there when McIntyre was killed so he gets a pass on that as well. The feds are giving him immunity for the murders, that is doing the same thing that J.W. Carney claimed Whitey got from O’Sullivan. I’m looking forward to Carney vs Weeks. Weeks could get away with his lies before but now with his book he’s pretty much jammed himself in.
I knew Nee and Weeks were working together to come up with a cover when I read their books. When they sang the praise of the other guy it didn’t take a genius to figure out they were engaged in a little winking and blinking thinking they were conning everyone.
I hope Whitey makes it to trial or at least is penning a book so that we can learn from him how he sees things. I don’t know what his health issues are although they seem to be heart related. Whitey’s problem will be his stories won’t do anything to change things. The feds have already made their beds with the gangsters they are using and those are the people Whitey will testify against so the feds will give them protection and never take any action against them.