Judge tells Whitey’s lawyers: Stop whining
By John Zaremba
Friday, September 7, 2012 - Updated 1 week ago
A federal judge today told James “Whitey” Bulger’s lawyers to stop kvetching and start working, stamping out their complaint that prosecutors were “drowning” them with unnecessary paperwork as they get ready for the accused Southie crime lord’s March murder trial.
“This is what trial preparation in an enormous case is about,” U.S. District Court Judge Marianne B. Bowler told defense lawyers J.W. Carney and Hank Brennan today. “To me that’s trial preparation ... It will take time, but that’s your job.”
Bulger’s lawyers, in court papers filed Thursday night, complained that prosecutors were needlessly gumming up their trial preparation by providing them duplicate copies of the same documents. In one case, they said, they received one report 45 times, “in various states of redaction.”
“Eighteen of these ‘same’ documents indicate that the information came from a ‘confidential source,” Carney wrote in a report on the status of the case. “The other twenty-seven documents add the actual identity of the confidential source. In the latter versions, the words ‘confidential source’ are replaced by the informant’s name.
This issue is a common occurrence in the discovery.”
Prosecutors said they were simply following the judge’s orders and providing complete documentation of the evidence in the mammoth case, with Assistant U.S. Attorney Brian Kelly summarizing the defense argument as “you give us everything, and then we’ll complain.”
Bulger is charged with 19 murders over several decades, and the paperwork in question includes documents from civil trials and criminal cases, as well as files on government informants. Both the defense and the prosecution say the documents total hundreds of thousands of pages.
Carney wrote that reviewing the duplicate documents has caused a “time drain” for the defense.
“Given the frequency and differences of these redacted pages, defense counsel faces the impossible task of determining which redacted document offers the most information; the challenge of cross-referencing is too cumbersome given the court’s time demands as trial approaches,” he writes.
Earlier this week, prosecutors filed their own status update, accusing Carney of trying the case in the press.
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LennieBriscoe
? +3-1
Of course they are burying you in paperwork...... they will never let this case go to trial......
Posted 1 week ago Reply Link Abusive
jpmcad
? +40
If they didn't turn it over five times, Carney would be crying misconduct.
Posted 1 week ago Reply Link Abusive
roadkillphil
? +10
Well now, doesn't that just put a little wrinkle in Carney's whining about exculpatory evidence?
Posted 1 week ago Reply Link Abusive
FormerDem
? +1-3
It's a pity they can't drown these bottom-feeding scum in something else... like water.
Posted 1 week ago Reply Link Abusive
markbel
? 00
Is it a surprise to anyone that in all of this some sort of incompetence of the prosecution will be revealed? Maybe LennieBriscoe (#1 post) is right...it's all about this NOT going to trial.
Maybe the Herald can keep a timeline on all of this as it goes along to show what's happening as it weaves and weaves and weaves....
This is our government vs. a multiple murderer, and it may simply draw one, or maybe an entire jury, to conclude murder is ok under certain conditions.
Which it is. (because they'll prove it as such)
Watch.
Posted 1 week ago Reply Link Abusive
dewin
? 00
Drown Whitey in the blood of his victims-
Posted 1 week ago Reply Link Abusive
citywatch
? +30
Carney should work harder. He would be the first to cry foul if he thought he didn't get every document the government has. It is a very good possibility that the USAO got the document 45 times from the FBI.
Posted 1 week ago Reply Link Abusive
Creeklyn
? +20
Oh boo-hoo...
Maybe that'll teach you not to defend murderers.
Posted 1 week ago Reply Link Abusive
westieguy82
? +30
How fitting that Whitey's attorney feels like he is drowning. Whitey has that effect on a lot of people, especially the ones that were buried in the sand! Drowning = Buried!
Posted 1 week ago Reply Link Abusive
SubaruState
? +10
Just drown him by waterboarding
Posted 1 week ago Reply Link Abusive
schnauzers
? 00
@ Lenniebriscoe - Brother, you hit the nail square on the head.
Posted 1 week ago Reply Link Abusive
143
? +1-1
Go Patriots! Go Scott Brown. Liz Warren Take a hike!
Posted 1 week ago Reply Link Abusive
undone
? 00
The government is scared to lose this one, so they will use any dirty trick they can.
If whitey gets off will Howie move into the witless protection program?
Posted 1 week ago Reply Link Abusive
undone replying to Creeklyn
? 00
Murderer? I thought he was innocent until proven guilty!!
Posted 1 week ago Reply Link Abusive
wolf
? 0-2
WhatI dont undersand is why thegvernment did no offer Jimmy Bulger a deal a long time ago t turn himsel in. Do a little time and then go free,write abook, sell a movie nd enjoy hi life. Just have him give up Martorano. He killed morepeople than JImmy did so he is he real bad guy here.
Posted 1 week ago Reply Link Abusive
Howiefan
? 00
Whitey was on the lame for 16 years. Of course the government continued to build up a case against him over that period of time.
Regarding Martorano, he has supposedly confessed to all his capital crimes and was sentenced. He cannot be prosecuted again for these same crimes. Read Howie Carr's book Hitman. I think it is his best book. As to who killed more people, Johnny or Whitey, we may never know.
Posted 1 week ago Reply Link Abusive