James ‘Whitey’ Bulger was convicted on 31 counts this past year, including costs associated with his involvement in 11 murders. That was enough to earn the previous criminal mastermind and 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 straight down without a battle, he’s going to prove them wrong.

Solicitors for Bulger are asking a federal appeals court to overturn his conviction for playing 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 laid out in a filing that is 201-page ended up being delivered to the usa Court of Appeals for the initial Circuit by lawyers Hank Brennan and James Budreau.

Bulger Wanted to Testify

According to attorneys, Bulger desired to simply take the stand in his own protection during the trial. However, US District Judge Denise Casper had barred Bulger from telling the jury which he had been promised immunity from all crimes by a now-dead prosecutor that is federal.

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

Bulger, who is now 84 years old, planned to inform jurors that prosecutor Jeremiah T. O’Sullivan had guaranteed him immunity that is complete exchange for Bulger’s promise to safeguard ‘his life.’ But Judge Casper would not enable that defense, saying that Bulger had no documentation to support his claims, and that even when such an agreement had taken spot, O’Sullivan had no authority to offer this type 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.

Without the cap ability to bring up this defense, lawyers say that Bulger had been left with no explanation to testify in their own defense at last summer time’s test.

Prosecutors Dispute Claims

Prosecutors, however, tell a different sort of tale about just what took place at the trial that is sensational. According to assistant that is former attorney Brian T. Kelly, several judges had offered Bulger the opportunity to provide an immunity defense ahead of the trial itself, but he had made the tactical choice to decline that opportunity.

‘no license was had by him to destroy or any other immunity agreement, and he repeatedly failed to take the chance to present it,’ Kelly said.

Instead, prosecutors claim, Bulger likely didn’t take the stand to avoid a cross-examination in which he would experienced to answer endless questions about 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 failed to provide evidence that is enough 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 wanting to refute much of what appeared in Bulger’s FBI informant file, which alleged that he served as an informant from 1975 to 1990. In their appeal, the lawyers say that Bulger wished to testify to ‘the systemic corruption that existed within the federal government during the 1970s through 1990s and also the political and institutional motivations that led Jeremiah O’Sullivan as well as the Strike Force to offer immunity to James Bulger.’