Wednesday, March 12, 2014
The Associated Press
BOSTON — For the families of 11 murder victims, the conviction of gangster James “Whitey” Bulger brought some sense of justice after decades of frustration. But for others, the jury’s decision was yet another denial of the peace they have long sought.
Steven Davis, brother of slain Debra Davis, center, is comforted by Skip Marcella, left, on Aug. 12, after speaking outside federal court in Boston where a jury found James “Whitey” Bulger guilty on several counts of murder, racketeering and conspiracy. Jurors could not agree whether Bulger was involved in Debra Davis’ killing. When Bulger is sentenced this week, family members of eight slaying victims are hoping a judge will let them speak, even though Bulger was acquitted in those deaths.
2013 file photo/The Associated Press
Even though Bulger was not convicted in the deaths of their loved ones, eight families are hoping for one last chance at closure by testifying this week at the notorious Boston gangster’s sentencing.
But Bulger’s lawyers – and two jurors who sat on the case – say those families should not be allowed to make victim impact statements because the jury acquitted Bulger in those killings.
“My feelings are that 18 American citizens were put through a 10-week trial ... and now the verdict we deliberated on so dutifully is being mocked,” said Janet Uhlar, one of the jurors who sent a letter to Judge Denise Casper asking her to deny the request from prosecutors.
Uhlar told The Associated Press she feels sympathy for the families, but she believes they will never get the kind of closure they are looking for and blames federal prosecutors for “opening the wound of these family members” by asking that they be allowed to make impact statements.
After spending nearly 17 years on the run, the South Boston gangster was convicted in August in a sweeping racketeering indictment that included 19 killings, money-laundering, extortion and weapons charges. A two-day sentencing hearing is scheduled to begin Wednesday in U.S. District Court.
Prosecutors are seeking two consecutive life sentences plus 5 years for the 84-year-old Bulger. Whether the eight families get to speak or not, he is bound to die in prison.
Bulger’s lawyers say that allowing impact statements from relatives of people he was acquitted of killing “trivializes the jury’s function.”
But for families who sat through the trial, only to have the jury find that prosecutors had not proven the case against Bulger in their loved one’s killing, speaking at his sentencing is something they feel they need to do.
William O’Brien Jr., whose father was killed when gunmen opened fire on the car he was driving along a Boston street in 1973, said he was completely blindsided by the jury’s finding that prosecutors had not proven Bulger played a role in his father’s death.
“I can’t even tell you how that made me feel or the mental state that put me in for a month afterward,” he said. “I feel like I need to finish what was started.”
Federal prosecutors say family members of all 19 murder victims should be allowed to make either verbal or written victim impact statements for Bulger’s sentencing. Assistant U.S. Attorney Brian Kelly said there is legal precedent for allowing testimony at sentencing on “acquitted conduct.”
Prosecutors also argue that Bulger was convicted of two racketeering charges that required the jury to find that he was part of a criminal enterprise responsible for the murders of all the victims, regardless of whether he was the actual killer.
“Thus ... family members of the murder victims clearly have a right to be heard at Bulger’s sentencing,” prosecutors wrote.