The defense wants the immunity issue to be decided at trial.  The prosecutors want the immunity claim to be resolved before the court before trial, and not before the jury.  The defense claims the immunity was given to James ‘Whitey’ Bulger by Jeremiah T. O’Sullivan, the organized crime strike force prosecutor back in the 1970′s.  Jeremiah T. O’Sullivan died several years ago.  The prosecution states the immunity claim is ridiculous.  James ‘Whitey’ Bulger’s defense attoreny, J.W. Carney stated the immunity claim should be decided by a jury at trial, stating further that the defendant has a right to present evidence at this trial, he also has the right to take the stand at his trial, and to take away that right would be to deny him a fair trial.

Carney also went on to say that his client was never an informant…but he did receive immunity from prosecution.  When asked by the proseuction why would Bulger be given immunity, Carney offered no other details, just adding in a cliff hanger fashion that the answer would be given at trial.

Judge Stearns stated he would take the immunity issue under advisement and told the defense and prosecution to present their court filings within 14 days.

Hitman John Martorano murdered 20, Stephen Flemmi murdered 10 and Kevin Weeks was involved in 5 murders.  All killers received outrageous plea deals for their testimoney against John Connolly.  John Martorano only served 6months for each murder!  Stephen Flemmi received no death penalty!  Kevin Weeks served 6yrs for 5 murders!

Former FBI agent John Connolly was wrongfully convicted by the testimony of  convicted murderers and an admitted perjurer.

John Connolly, a highly decorated agent – is currently serving a 40-year sentence based on the testimony of four convicted murderers and an admitted perjurer.  Since his May 2002, conviction his lawyers have uncovered evidence — contained in FBI reports, Congressional testimony, depositions, and other government documents — of numerous instances of perjury that make it clear John did not receive a fair trial in Boston and Miami.

Timeline

The 100 retired FBI agents are supporting John Connolly because they feel he was wrongfully convicted of a murder he did not commit. The actual shooter testified he never even met John Connolly.

The jury found Connolly not guilty of 1st degree murder and not guilty of conspiracy. 

The jury found Connolly guilty of the lesser charge of 2nd degree murder with a firearm.   The defense objected to this lesser included offense stating that the charge of 2nd degree murder with a firearm had a 4yr statute of limitations which ran out in 1986. 

To fight the objection raised by defense counsel, the prosecutors claimed by adding the words “with a firearm” under the Florida “enhancement” statute they overcame the statute of limitations.  The statute states a defendant can be “enhanced” if he “carried,” “possessed,” “used,” or “attempted to use,” a firearm “during the commission of the crime.” 

Case law states the firearm must be the one used in the commission of the crime.   As Judge Stanford Blake stated it is undisputed that John Connolly did not pull the trigger and kill John Callahan.  John Martorano testified he killed John Callahan.  Judge Blake acknowledged that John Connolly was 1500 miles away in Massachusetts when John Martorano killed John Callahan.   Judge Blake also acknowledged that there was no “evidence” introduced at trial to demonstrate that Connolly possessed a weapon of any kind “during the commission of any feloney” never mind being in possession of the actual murder weapon as legally required under the Florida Statute.  

Prosecutors try to claim that Connolly can be convicted of a murder because as a condition of his employment witht he FBI he was authorized to carry a firearm.  

Judge Blake agreed with Connolly’s defense and stated they were “legally correct” and he had to overturn the conviction BUT because Connolly’s defense attorney failed to file the motion to vacate the verdit before the 10day jurisdictional deadline the motion expired.  Judge Blake told the defense to take it up on appeal.