James ‘Whitey’ Bulger had been convicted on 31 counts this past year, including charges related to his involvement in 11 murders. That was enough to make the previous mastermind that is criminal FBI informant two consecutive life terms in prison and a cell at the United States Penitentiary in Tucson, Arizona.

But if anyone thought that Bulger was going down without having a fight, he’s planning to prove all of them incorrect.

Solicitors for Bulger are asking a federal appeals court to overturn their conviction for taking part in those 11 murders, arguing that the judge in the case ‘constitutionally deprived Mr. Bulger of his right to present an effective protection.’

That argument is organized in a 201-page filing that ended up being sent to the usa Court of Appeals for the initial Circuit by solicitors Hank Brennan and James Budreau.

Bulger Wanted to Testify

According to attorneys, Bulger wanted to simply take the stand in their very own defense during the trial. But, US District Judge Denise Casper had banned Bulger from telling the jury that he had been guaranteed immunity from all crimes by a now-dead federal prosecutor.

‘The court ruled that the defense could perhaps not raise the immunity defense at trial in almost any form, including the defendant’s very own testimony at trial,’ Bulger’s appropriate team composed. ‘This error effected the fundamental fairness of Mr. Bulger’s trial and his convictions should be automatically reversed as a result.’

Bulger, who’s now 84 years old, planned to inform jurors that prosecutor Jeremiah T. O’Sullivan had promised him immunity that is complete exchange for Bulger’s promise to safeguard ‘his life.’ But Judge Casper would not allow that defense, saying that Bulger had no documentation to support his claims, and that regardless if such an agreement had taken destination, O’Sullivan had no authority to offer this kind of promise.

The defense in turn argued that as the mind of the New England Organized Crime Strike Force, O’Sullivan could make such a indeed deal.

With no ability to bring up this defense, lawyers say that Bulger ended up being left with no reason to testify in his own defense at last summer time’s test.

Prosecutors Dispute Claims

Prosecutors, however, tell a different tale about what took place during the trial that is sensational. According to assistant that is former attorney Brian T. Kelly, several judges had given Bulger the chance to provide a resistance defense prior to the trial itself, but he had made the tactical decision to decline that opportunity.

‘no license was had by him to kill or virtually any immunity agreement, and he repeatedly failed to just take the ability to present it,’ Kelly said.

Instead, prosecutors claim, Bulger likely did not take the stand in order to avoid a cross-examination in which he’d have had to answer questions that are endless his roles in crimes, like the 19 murders he was accused of participating in.

Ultimately, the jury discovered that Bulger participated in 11 murders, while finding that prosecutors had unsuccessful to offer enough evidence to convict him on seven others. On the count that is final which involved the murder of Debra Davis in 1981, the jury was not able to reach a verdict.

Bulger’s lawyers defended their client by trying to refute much of what appeared in Bulger’s FBI informant file, which alleged he served as an informant from 1975 to 1990. In their appeal, the lawyers state that Bulger wished to testify to ‘the systemic corruption that existed within the federal government during the 1970s through 1990s while the political and institutional motivations that led Jeremiah O’Sullivan and the Strike Force to offer immunity to James Bulger.’