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
Local

Brooklyn girl's death ruled a homicide

The New York City Medical Examiner has ruled the death of a Brooklyn toddler a homicide. Jeida Torres, 3, was found bruised and unresponsive Saturday…

Local

New York City continues to prepare for Ebola…

New York City continues to prepare for the possibility of Ebola. There have been numerous scares, but no confirmed cases. Representatives from about 150 unions…

Local

NYPD nabs alleged serial bank robber

  The NYPD has arrested a man they say is responsible for multiple Manhattan bank robberies this month. Police have arrested a Brooklyn man they…

National

A look into the minds of Tsarnaev's fan…

While thousands of supporters insist their loyalty is due to a steadfast belief that Dzhokhar "Jahar" Tsarnaev's is innocent, others, mainly young women, come dangerously close to an unhealthy infatuation…

Entertainment

We the Economy: Morgan Spurlock's new crusade

If Morgan Spurlock gets his way, you won't be able to avoid We the Economy, the series of 20 shorts films curated by the "Super…

Arts

3 Parody plays lampoon your childhood, adulthood and…

Whether you loved the source material or you're going in blind, these parody plays have something for every audience member. We rate three of NYC's hottest satirical shows.

Gossip

Who has more power: Harry Styles or Amal…

Amal Clooney comes in fourth on The Evening Standard's Most Influential Londoners list.

Music

#AskPaul McCartney reveals his love of American pop…

For an Englishman, Paul McCartney's pop culture tastes would fit right in stateside. The former Beatle (@PaulMcCartney) revealed that he has a real thing for…

NFL

Breno Giacomini: Media blowing up Golden Tate-Percy Harvin…

According to Breno Giacomini, the fight between Golden Tate and Percy Harvin during Super Bowl week was over by the time the lineman turned around.

College

College football AP Top 25 rankings: Mississippi State…

College football AP Top 25 rankings: Mississippi State holds off FSU

NHL

NHL Power Rankings: Sharks, Canadiens, Blackhawks out in…

NHL Power Rankings: Sharks, Canadiens, Blackhawks out in front

NFL

DeMarco Murray carries Cowboys to win over Giants

The Giants knew they would need to stop DeMarco Murray if they were going to leave Dallas with a win. It didn't matter.

Education

Is a 'gap year' after high school for…

It’s a familiar script that millions of students follow each year: Graduate high school and then immediately start college. But more and more students are…

Parenting

New news about Kate Middleton's pregnancy

The Palace released a statement about Kate Middleton's pregnancy.

Parenting

Cool book for kids: 'The Princess In Black'

"The Princess In Black" will change the way girls view princesses.

Wellbeing

Gabby Bernstein: The 3 questions I always get

For the last decade, I’ve been writing self-help books and preaching the Gospel of Gabby to audiences throughout the world. And no matter what country…