Jury questions requirement to convict Bulger

jury box jurors court
The jury is in its fifth day of deliberations.
Credit: Nicolaus Czarnecki/Metro

Within its first hour of deliberations since the weekend, the jury deciding the fate of James “Whitey” Bulger sent the judge a question about the requirement needed to convict Bulger of certain crimes. 

The jury, which began its deliberations Tuesday, has so far deliberated about 29 hours over five days.

Judge Denise Casper read the note from the jury foreman. It asked if the jury believes that one of the other people named in the indictment is guilty of one of the crimes, could it convict Bulger of the crime “solely based on the fact that the names are connected in the indictment.”

Besides Bulger, there are other confessed Winter Hill Gang members named in the indictment, including Kevin Weeks and Stephen Flemmi.

Bulger’s lawyer, J.W. Carney Jr., suggested that Casper begin her reply to the jury with a short answer of “no” before going into a longer explanation.

Assistant U.S. Attorney Fred Wyshak objected to that, and said they were trying to interpret a complicated question.

Both sides agreed that the judge should instruct the jury to the information regarding the legal explanations of a joint venture and aiding and abetting.

However, when Casper came back with her first draft, both sides began to argue over what should be included in the response.

Wyshak suggested additions to the answer, to which Carney objected.

“The more that you keep adding to your instructions … the more the government seems to point them in a particular direction,” Carney said.

Casper, in her final note back to the jury, included Carney’s request that “no” be included.

“No, even if, as your question suggests, you were to believe another person named in the indictment is guilty of a particular racketeering act, you may not automatically find that particular racketeering act has been proven again the defendant, Mr. Bulger … because their names are connected in the indictment,” Casper partially wrote in her response.

The jury continued its deliberations on Monday for a fifth day. A verdict could come at any time.

Follow Michael Naughton on Twitter @metrobosmike.



News
Entertainment
Sports
Lifestyle
National

New Apple iPhone to have 'mobile wallet' function:…

(Reuters) - Apple Inc plans to enable its next iPhone to become a mobile wallet by allowing owners to securely make mobile payments in a…

Money

Second Shift: Balancing school, work and a side…

See how a Brooklynite balances getting her PhD while working two other jobs.

Local

NYPD: Early morning shootings reported along West Indian…

Several shootings were reported in the early morning hours before the West Indian Day Parade, according to the NYPD. A 55-year-old man was shot and…

Money

Investing: Buying low, selling high

Learn how rebalancing can help you be successful in investing.

Entertainment

Where to place the blame in a nude…

When a celebrity's private photos are leaked online, it's easy to jump to the conclusion that they only have themselves to blame, since they took…

Gossip

Security expert weighs in on 'The Fappening' and…

We speak to Rik Ferguson, vice president of security firm Security Research at Trend Micro, about the hundreds of hacked celebrity photos that leaked.

Gossip

Who is Ashlee Simpson’s new husband anyway?

Find out five things about Ashlee Simpson's new husband, Evan Ross.

Entertainment

Jennifer Lawrence and more: The big names on…

The names of more than 100 famous actresses, musicians and athletes were included in a list of purported hacking victims, nude photos of whom were…

NFL

Odell Beckham still 'weeks away,' Tom Coughlin angry…

Giants head coach Tom Coughlin has fought a losing battle against the media all preseason over the status of wide receiver Odell Beckham Jr.

NFL

3 things we learned in the Giants preseason…

The final score didn’t matter — a 16-13 win by the Giants — but it would’ve been nice to finally see Big Blue’s new-look offense get on track.

NFL

NFL Power Rankings: Seahawks, Broncos, Patriots, 49ers start…

NFL Power Rankings: Seahawks, Broncos, Patriots start at top

U.S. Soccer

5 facts about new England captain Wayne Rooney

Manchester United striker Wayne Rooney was named as the new England captain by coach Roy Hodgson on Thursday.

Travel

10 free apps to make traveling easier

Finding the nearest bathroom, calculating currency exchanges and locating your departure gate must have been difficult for travelers of previous generations. But we wouldn't know,…

Travel

How to get a seat upgrade to business…

It used to be much easier to upgrade your coach seat to business or even first class, but rigid rules and tighter schedules have made…

Career

The number of telecommuters is expected to nearly…

Until a few years ago, telecommuting was not considered a realistic option at most companies. But with technological advances like high-speed Internet and smartphones, more…

Wellbeing

Your new food ally to ward off type…

For people who may be headed for type 2 diabetes, regularly eating pistachios might help turn the tide, according to a small nutrition trial from…