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

Florida man charged with murdering son to play…

A Florida man annoyed that his 16-month-old crying son was preventing him from playing video games suffocated the toddler, police said on Friday.

International

Powerful 7.2 magnitude earthquake rattles Mexico

A powerful earthquake struck Mexico Friday, shaking buildings and sending people running into the street, although there were no reports of major damage.

News

OMG! Exercise can make skin (and butt) look…

A moderate exercise regime can turn back time and actually reverse the skin's aging process, according to new research. The study showed that a minimum…

Local

Oval oasis: Summer of fun kicks off this…

A bold partnership between the Fairmount Park Conservancy and the city's Parks and Recreation Department is kicking off this weekend with family activities re-activating this unused public space.

Entertainment

Whoopi Goldberg makes her debut as marijuana columnist

"It helps my head stop hurting, and with glaucoma your eyes ache, and she takes the ache out. It's wonderful," she said.

The Word

Kate Middleton made fun of Prince William's bald…

Kate Middleton and Prince William are in Sydney, Australia, right now, and it sounds like that brash Aussie sense of humor might be rubbing off.

The Word

Is Tom Cruise dating Laura Prepon?

"Mission: Impossible" star Cruise is said to be dating Laura Prepon, star of "Orange is the New Black."

Television

'Scandal' recap: Season 3, Episode 18, 'The Price…

Sally is Jesus, Olivia caused global warming, and Mellie's still drunk. Let's recap the Scandal finale. A church full of Washington insiders is about to…

MLB

Jimmy Rollins is key to Phillies success

When John Kruk was asked about what the Phillies need to contend for a playoff berth, the ESPN analyst said Jimmy Rollins needs to play like a MVP again.

MLB

Ben Revere lifts Phillies to avoid sweep

Ben Revere came through with a two-out RBI single against Atlanta’s tough lefthander Alex Wood.

NBA

Season wrap: 76ers make the grade

The 76ers opened the 2013-14 season with a victory over the Miami Heat. The Sixers closed the season with a win at Miami.

NBA

Fantasy basketball: Finding next year's NBA studs

Before we put the 2013-14 fantasy basketball season to bed, it’s worth thinking about next year’s breakouts while they’re fresh in our mind.

Parenting

How to parent without gender stereotypes in a…

Christia Spears Brown, Phd. author of "Parenting beyond Pink & Blue" gives advice on raising kids free of gender stereotypes.

Tech

VIDEO: 'Vein-scanning' may become the future of paying

Designed to make transactions quicker and easier, the technology works by scanning the unique vein patterns in each person's palm.

Tech

#FollowFriday: 10 of the smartest Twitter accounts

Spending lots of time on Twitter? You might as well learn something. Here are some of the smartest accounts to follow.

Style

Light-up nail art syncs with phone

This Japanese technology syncs light-up nail art with your phone.