Whitey Bulger trial: Are underworld figures reliable witnesses?
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In the trial of James 鈥淲hitey鈥 Bulger, the former crime boss鈥檚 business partner is enduring multiple days in the witness chair for a simple reason: The prosecution views him as a source of vital evidence, and the defense wants to show that his information isn鈥檛 trustworthy.
So the days keep ticking by as Stephen 鈥淭he Rifleman鈥 Flemmi testifies.
We鈥檝e learned that he doesn鈥檛 care for his nickname, which he got for exploits during military service in Korea.
We鈥檝e learned that he has a sense of humor, but is also a self-described 鈥渁ggressive鈥 personality.
And now, after hearing his version of events in several alleged murders by Whitey Bulger, we鈥檙e learning more about the background behind his willingness to become a cooperating witness for the US government.
On Wednesday, defense attorney Hank Brennan got Mr. Flemmi to recount the difficult prison conditions he encountered back in 1999, and to say that those conditions 鈥渇igured into my decision to cooperate.鈥
Whether admissions such as that damage Flemmi鈥檚 credibility in the eyes of jurors remains to be seen. But a central feature of this organized-crime trial, which has been running for some six weeks, is that it pits various less-than-reputable characters against one another.
The prosecution is leaning on various confessed criminals to go after another alleged malefactor. Although Bulger is pleading 鈥渘ot guilty鈥 to 19 murders and other racketeering-related charges in the federal case against him, his attorneys have acknowledged that he was a professional criminal involved in illegal activities such as gambling and loansharking.
Defense lawyers are trying to cast doubt on the prosecution鈥檚 case by suggesting that the cooperating witnesses have benefited by being willing to say things 鈥 including lies 鈥 that help the government to build a case.
Bulger himself is a potential witness when the defense lays out its case, although he may end up waiving his right to testify. He spent 16 years on the run as one of the FBI鈥檚 鈥淢ost Wanted鈥 before being caught in 2011.
His former crime partner, Flemmi, was questioned Wednesday about the conditions of a state prison in Walpole, Mass., where he was held.
He said the food was bad (鈥淚 lost 35 pounds鈥), there was nothing much to do (no TV, radio, and 鈥渢hey didn't provide any books either鈥), and he spent most of each day locked up without contact with other people.
When he did see other inmates, they often hurled insults at him, Flemmi acknowledged under questioning by Mr. Brennan.
And 鈥渢he phone was always broken,鈥 Flemmi said, so it was hard to contact his attorney or family members.
By Flemmi鈥檚 account, the desire to escape those conditions affected his interest in becoming a cooperating witness, but didn鈥檛 prompt him to lie.
Brennan tried to chip away at that proposition, citing numerous instances in which Flemmi has given differing accounts of certain events in legal proceedings over the past decade.
The goal is to raise 鈥渞easonable doubt鈥 about Bulger鈥檚 guilt in jurors鈥 minds.
A challenge for the defense, of course, is that casting doubt on Flemmi鈥檚 credibility isn鈥檛 the same as causing jurors to toss aside his word entirely. (Flemmi avoided the death penalty, and is serving a life sentence.)
Moreover, some key evidence at the trial comes from sources that are things rather than people: the illicit guns and some $800,000 in cash found in the California apartment where Bulger was apprehended.
After the court鈥檚 regular session concluded on Wednesday, Judge Denise Casper heard from the attorneys on both sides regarding the next stage of the trial.
One conclusion that emerged from the back-and-forth: The defense-side witness list is arranged to keep boring in on the same theme: calling into question the reliability of prosecution testimony, as opposed to emphasizing evidence designed to prove Bulger鈥檚 innocence.
Prosecutors with the US Department of Justice hope to have Judge Casper exclude some of the defense witnesses, on the grounds that their testimony is merely peripheral. It relates to the witnesses but not directly about Bulger鈥檚 case, the attorneys argue.
Assistant US Attorney Brian Kelly also complained about the Bulger team鈥檚 efforts to combat the idea that their client was an informant, despite a voluminous FBI file to the contrary.
Bulger鈥檚 lawyers want to call witnesses to show that corrupt FBI agents sometimes lifted words from reports on other informants, and put it in Bulger鈥檚 file.
Prosecutors say this, too, is peripheral to the case.
鈥淏eing an informant is not a crime,鈥 Kelly told the judge. He asserted that the defense attorneys are trying to waste time and confuse the jury.