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Governments Response to Order Appointment of Counsel 1994

Governments Response to Order Appointment of Counsel 1994

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Published by online4428
Governments Response to Order Appointment of Counsel in Whitey Bulger case.
Governments Response to Order Appointment of Counsel in Whitey Bulger case.

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Published by: online4428 on Jun 27, 2011
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07/25/2013

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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS)UNITED STATES OF AMERICA))v.)CRIMINAL NO. 94-10287-MLW)JAMES J. BULGER )))GOVERNMENT’S SUBMISSION RE:DEFENDANT BULGER’S REQUESTFOR COURT APPOINTED COUNSELAs ordered by the Court on June 26, 2011, government counseland defense counsel have conferred regarding whether an agreementcan be reached to resolve the dispute concerning defendantBulger’s eligibility for the appointment of counsel. No suchagreement has been reached. With respect to the appropriateprocess to be utilized for deciding defendant Bulger’seligibility for appointment of counsel, the parties alsodisagree. The government respectfully urges the Court to requireaffidavits from the defendant’s brothers, William and John,before deciding whether the defendant is entitled to taxpayerfunded counsel.Defendant James Bulger has the burden of proving he cannotafford to retain counsel. United States v. Harris, 707 F.2d 653,660 (2d Cir.), cert. denied, 464 U.S. 997 (1983); United Statesv. Salemme, 985 F.Supp. 197, 201 (D.Mass.1997). To date, he hasnot met that burden. As this Court has noted, “[i]n determiningwhether a defendant is unable to retain counsel, the court mayconsider whether he has income or assets available to him fromother sources.” Salemme, 985 F. Supp. at 201, citing UnitedStates v. Barcelon, 833 F.2d 894, 897 n.5 (10
th
Cir. 1987). The
Case 1:94-cr-10287-MLW Document 2339 Filed 06/27/11 Page 1 of 5
 
First Circuit has ruled that a district court has “jurisdictionto make inquiries which are necessary and relevant to anevaluation of a party’s alleged inability to pay.” United Statesv. Lyons, 898 F.2d 210, 216 (1
st
Cir. 1990).On the evening of June 22, 2011, the FBI arrested defendantJames Bulger outside his apartment in Santa Monica, CA. Duringhis more than sixteen years as a fugitive in this case, Bulgerfinanced a relatively comfortable lifestyle for himself and hisgirlfriend, Catherine Greig. Indeed, upon arrest, his rentcontrolled apartment was found to contain $822,198 in cash - muchof it in packages containing $100 bills that were bundledtogether and hidden inside a wall in the apartment.
1
 While in custody and en route to Boston, defendant Bulgerwaived his Miranda rights and admitted that he had been afrequent traveler as a fugitive. Bulger acknowledged visitingLas Vegas on numerous occasions to play the slots and claimed hewon more than he lost. Bulger also admitted traveling to SanDiego and then crossing over into Tijuana to purchase medicines.Moreover, according to FBI Supervisory Special Agent RichardTeahan, Bulger admitted traveling (in disguise) to Boston onseveral occasions while “armed to the teeth” because he “had totake care of some unfinished business.” Bulger refused toelaborate on whom he visited, when exactly he visited, and whowas with him on these trips to Boston. While Bulger also
1
Investigators also found two cell phones and other itemswhich are still being analyzed to determine, inter alia, thewhereabouts of additional assets.-2-
Case 1:94-cr-10287-MLW Document 2339 Filed 06/27/11 Page 2 of 5
 
admitted that he had previously stashed money with people hetrusted, he did not identify anyone who might be currently hidinghis assets.The foregoing facts are of course significant because theyindicate Bulger may have additional assets and/or allies willingto assist him in his current predicament. In fact, after beingarrested, defendant Bulger told the U.S. Pretrial Services officein Los Angeles that defendant’s brother, William Bulger, might bewilling to assist in posting bail for defendant’s long timecompanion, Catherine Greig. Of course, if that is true, WilliamBulger might also be willing to pay for an attorney to representhis brother, James Bulger. Accordingly, the Court should requirean affidavit from William Bulger on that issue.Bulger’s long time criminal colleagues - Steven Flemmi andKevin Weeks - have both told investigators that Bulger has beenhiding money for years. In fact, Bulger’s other brother - JohnBulger - was convicted of perjury and obstruction of justice in2003 after lying to a federal grand jury about several mattersincluding his role in managing defendant Bulger’s financialaffairs which involved assisting defendant Bulger in hidingassets in Florida. Specifically, from May 1996 through May 2000,John Bulger used checks from his own personal checking account tomake the annual rent payments for a safe deposit box at AmSouthBank in Clearwater, Florida which had been originally opened in-3-
Case 1:94-cr-10287-MLW Document 2339 Filed 06/27/11 Page 3 of 5

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