James “Whitey†Bulger was once a millionaire crime boss, his defense attorneys acknowledged today, while saying, at the same time, that he has been falsely accused of horrific crimes by his former associates, who are liars and killers willing to say anything in order to stay out of prison or avoid the death penalty.
James “Whitey†Bulger in his booking photo after his capture in sunny Santa Monica, Calif. (File Photo)
Delivering their closing arguments in US District Court, where the aging gangster faces a 33-count racketeering indictment, defense attorneys Henry Brennan and J.W. Carney Jr. urged jurors to view the testimony of key prosecution witnesses with deep skepticism.
Former Bulger allies Kevin Weeks, John Martorano, and Stephen “The Rifleman†Flemmi all agreed to testify against him after they received special deals. Martorano spent just 12 years in prison, even though he admitted to murdering 20 people, while Flemmi escaped the death penalty while pleading guilty to 10 morders.
“The government is buying the testimony of these witnesses,’’ Carney said. “The currency that’s being used here? How much freedom [are the witnesses] going to get?â€
Carney added, “The higher price you pay that witness ... the more the witness is going to give you the testimony you are looking for.’’
He told jurors that if they do not believe Weeks, Martorano and Flemmi — who collectively implicated Bulger in murder, extortion and money laundering — then the government failed to prove its case beyond a reasonable doubt, and they must acquit the notorious South Boston gangster.
At one point, he showed jurors a blown-up version of a portion of Weeks’ testimony.
“I’ve been lying my whole life, I’m a criminal,’’ Weeks had testified.
Carney said he wanted to kiss Weeks at that moment, but also noted that Weeks is the only person ever to threaten him during his long legal career. “Any question in your mind he’s still a thug?’’ Carney asked jurors.
At the same time, Carney made it clear that Bulger had been a success as a crime kingpin.
“James Bulger oversaw the criminal activities in South Boston,’’ Carney told jurors. “He made millions of dollars doing it.’’
Earlier today, Assistant US Attorney Fred Wyshak urged jurors to convict Bulger of the charges he’s facing, which include 19 murders.
“We’ve been here for two months, and we’re near the end,†Wyshak told jurors during his closing argument as US District Court Judge Denise J. Casper looked on. “There’s no doubt that the evidence you heard in this case is deeply disturbing. ... He [Bulger] is legally responsible for it all.’’
Speaking for three hours and 10 minutes, Wyshak — who has pursued Bulger since 1995 — told jurors that key evidence against Bulger came from former allies such as Martorano and Flemmi.
Wyshak acknowledged that the prosecutors’ deals with the men were unsavory. But Wyshak said they were necessary to convict Bulger.
“It’s not whether you like the witness. They are the most reprehensible people to walk the streets of Boston,†Wyshak said. “But he’s their friend. They both followed [him] as the leader of the Winter Hill Gang. ... It wreaked havoc on this city for decades.â€
Prosecutors have alleged that Bulger’s criminal rampage was helped along because he was protected as a prized informant for the FBI. Wyshak said today that because of Bulger’s connection to corrupt FBI agent John Connolly Jr., his handler, at least four people lost their lives.
Bulger’s attorneys have vigorously denied that Bulger was a “rat.†But Wyshak said, “It does not matter that Mr. Bulger was an FBI informant when he put the gun to Arthur Barrett’s head and pulled the trigger. Whether he was an informant or not, he’s guilty of murder.â€
Arthur “Bucky†Barrett was murdered in July 1983. Bulger allegedly killed him because he and his gang wanted money Barrett had stolen during a 1980 Medford bank heist.
Wyshak also attacked one of the myths that surrounded Bulger during his years as the leader of the Winter Hill Gang and as one of the best-known criminals in his neighborhood: the notion that Bulger was a criminal, but not a drug dealer.
“This is not about a Robin Hood story about a man who keeps angel dust and heroin out of South Boston,†Wyshak said. He said the reality instead was that South Boston was flooded with drugs, with Bulger’s explicit approval and direct involvement.
Wyshak reminded jurors that Connolly was close to Bulger’s brother, William, the former Senate president and president of the University of Massachusetts system. William Bulger, the prosecutor said, was Connolly’s advocate when Connolly sought to be picked as Boston police commissioner.
William Bulger was not in the courtroom today, although two of his adult children were on hand in the afternoon session.
Connolly tipped Bulger off that he was about to be indicted, and Bulger ran from Boston, eventually spending 16 years on the run before he was tracked down in 2011 to sun-splashed Santa Monica, Calif. where he was living in a rent-controlled apartment with girlfriend, Catherine Greig.
Inside the walls of the apartment authorities found $822,000 in cash and a small arsenal of weapons collected by Bulger.
Wyshak told jurors that Bulger was long protected by corrupt elements of the FBI, but that federal law enforcement had shifted gears and was ready to prosecute him before went on the run. The result of Bulger’s run, Wyshak said, was that jurors heard during the trial about crimes that happened 20 or more years go.
“We are here in 2013 because that man ran away,’’ said Wyshak, pointing directly at Bulger. “Clearly this is a man who was hiding. ... This was a man who had a guilty conscience, and he hid.’’
He urged jurors to accept the testimony of government witnesses, even though decades have passed since what they witnessed took place. Those moments were seared into their memories by the intensity of the event, he said.
Bulger’s story has inspired a number of books, TV shows, and movies. His notoriety grew when he eluded a worldwide manhunt for 16 years before his capture. Revelations of FBI corruption and his brother’s parallel rise in the political world stoked further interest in his case.
Shelley Murphy can be reached at shmurphy@globe.com. Follow her on Twitter @shelleymurph. Milton J. Valencia can be reached at mvalencia@globe.com. Follow him on Twitter @miltonvalencia. John R. Ellement can be reached at ellement@globe.com. Follow him on Twitter @JREbosglobe.
