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Governments Response to Order Appointment of Counsel 1999

Governments Response to Order Appointment of Counsel 1999

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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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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS)UNITED STATES OF AMERICA))v.)CRIMINAL NO. 99-10371-RGS)JAMES J. BULGER )))GOVERNMENT’S SUBMISSION RE:DEFENDANT BULGER’S REQUESTFOR COURT APPOINTED COUNSELGovernment counsel and defense counsel have conferredregarding whether an agreement can be reached to resolve thedispute concerning defendant Bulger’s eligibility for theappointment of counsel. No such agreement has been reached.With respect to the appropriate process to be utilized fordeciding defendant Bulger’s eligibility for appointment ofcounsel, the parties also disagree. The government respectfullyurges the Court to require affidavits from the defendant’sbrothers, William and John, before deciding whether the defendantis entitled to taxpayer funded 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 one district court has noted, “[i]ndetermining whether a defendant is unable to retain counsel, thecourt may consider whether he has income or assets available tohim from other sources.” Salemme, 985 F. Supp. at 201, citingUnited States v. Barcelon, 833 F.2d 894, 897 n.5 (10
th
Cir.1987). The First Circuit has ruled that a district court has
Case 1:99-cr-10371-RGS Document 611 Filed 06/27/11 Page 1 of 5
 
“jurisdiction to make inquiries which are necessary and relevantto an evaluation of a party’s alleged inability to pay.” UnitedStates v. 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 alsoadmitted that he had previously stashed money with people he
1
Investigators also found two cell phones and other itemswhich are still being analyzed to determine, inter alia, thewhereabouts of additional assets.-2-
Case 1:99-cr-10371-RGS Document 611 Filed 06/27/11 Page 2 of 5
 
trusted, 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 in1992 in defendant James Bulger’s name.
2
A federal search warrant
2
The other name on the safe deposit box account was anotherlong time companion of defendant Bulger: Theresa Stanley. Shehas advised investigators of the following: she was asked by-3-
Case 1:99-cr-10371-RGS Document 611 Filed 06/27/11 Page 3 of 5

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