A court hearing was held on February 13, 2012 at the federal courthouse in Boston regarding the Immunity issue before Judge Richard G. Stearns.
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.