USA TODAY International Edition

Victims may play part in Bulger sentencing

Although deaths not tied to Mob boss, judge may allow statements

- G. Jeffrey MacDonald Special for USA TODAY

BOSTON When a jury in August found Boston Mob boss James “Whitey” Bulger guilty of 11 murders and 31 racketeeri­ng counts, eight families still hungered for justice. Their loved ones’ deaths, the jury found, couldn’t be tied to Bulger.

Now, with Bulger’s sentencing hearing in federal court Wednesday, these frustrated survivors might get the last word. Prosecutor­s hope at least some of them will get to tell the court how Bulger victimized them.

That prospect has a juror crying foul, defense attorneys pushing back and legal experts warning that such a procedure could strengthen Bulger’s grounds for appeal.

Judge Denise Casper is considerin­g a prosecutio­n request to permit “all victims” to make impact statements at the hearing.

It is “beyond dispute that the criminal enterprise was responsibl­e for the murder of all the victims specified in the indictment,” says an Oct. 11 prosecutio­n filing with the court. “Family members of the murder victims clearly have a right to be heard at Bulger’s sentencing.”

Bulger’s attorneys have urged the court to reject the move “to disrupt the findings of the jury.” Juror Janet Uhlar has asked the Senate Judiciary Committee to investigat­e.

“The verdict we carefully, dutifully, and painfully deliberate­d is being mocked by the U. S. Attorney’s Office,” Uhlar said in an e- mail to USA TODAY. If all are permitted to speak despite the jury’s findings, she said, “U. S. jurisprude­nce will be dealt a fatal blow.”

Bulger, 84, is all but certain to spend the rest of his days in prison. Prosecutor­s are asking for two consecutiv­e life sentences plus five years.

To allow victim impact statements from those not linked to the defendant’s crimes would be extremely rare, according to Michael Coyne, associate dean of Massachuse­tts School of Law in Andover. He said it could cast aspersions on the sentence.

“The appeals court could end up sending it back to her for having made a mistake,” Coyne said.

Casper might be weighing competing factors, said David Frank, editor of Massachuse­tts Lawyers Weekly. Among possible concerns: Be sure no one who might count as a victim in this super- complex racketeeri­ng case is denied an opportunit­y to speak.

“By law, victims of crime have an absolute right to address the court before sentencing,” Frank said. “The judge has a difficult decision to make” as she considers, in light of conspiracy and other racketeeri­ng findings, how to define who is and who isn’t a Bulger victim.

 ?? AP ?? James “Whitey” Bulger will have a sentencing hearing Wednesday on 11 murder and 31 racketeeri­ng counts.
AP James “Whitey” Bulger will have a sentencing hearing Wednesday on 11 murder and 31 racketeeri­ng counts.

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