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Whitey: United States of America v. James J. Bulger (2014)
Man: Thirty years ago, my wife and I
purchased a liquor license. Then we had the liquor store up and running by Christmas. We poured our heart and soul in it. And then, lo and behold, I get a knock on my door one night, I'm at the house, my wife's down at the liquor store working, and it was Kevin Weeks and Whitey Bulger at the door, and I didn't know, what the hell do they want? "You got a problem." I said, "I don't... what problem?" He says, "Listen, we were hired to kill you." I'm like, what? He said, you got to understand, the other liquor stores, they hired us to kill you. I just couldn't believe it, I didn't know what to even think, I was dumbfounded. Actually, I froze. He said, "But what we're going to do instead of that, we're just going to become your partners." I said, "No, you're not becoming my partners." And then, Bulger's right there. He's just staring at me, and just grinding his teeth like, "You don't understand, we're taking the fucking liquor store." I was like, "It's not for sale." He said, "I'll fucking kill you. I'll stab you, and then I'll kill you." I'm like, Holy Jesus. And then they pulled out a gun. I was like, "Oh, fuck." They picked up my kid. Daughter was a year. He said, "It would be terrible for this kid to grow up without a father." I was like... and I melted. Nothing you can do. Ever since that day, I've never been the same. I couldn't protect my own children. As a man, that just took me away. And I'm not over it yet. I won't be over, and maybe I'll never get over it, but I surely can't wait to get in front of that court, on that stand and testify against that. 30 years ago, he scared me to death, he don't scare me to death no more. Woman: After 16 years, the FBI finally has its man. Boston mob boss James Whitey Bulger was captured in Southern California. Man: ... along with his longtime girlfriend, Catherine Elizabeth Greig. The 83-year-old is accused of drug trafficking, extortion and murder, all while working as an FBI informant. He was on the lam for 16 years. I never committed a crime in the 16 years that I was with Catherine. My whole life changed when I was with her. I turned and become very, very human, I guess you'd say it. And I love the woman intensely. When I was captured, I told them, "If you people," I says, "will let Catherine go, I'll plead guilty to all crimes." "Any crime," I says, "innocent or guilty. Youse can execute me, you can give me life sentence, you can do whatever youse want, but I want her to be free." And I meant it, and I mean it today. If they said to me, "Plead guilty, and we'll let her go free and shut your mouth," I would do it. Woman: It's been a long time coming. After 16 years on the lam and two years in custody, the criminal trial of James Whitey Bulger began today at the John J. Moakley courthouse in South Boston, just blocks away from Whitey's former home turf. (sirens wailing) Man: This is what it looked like here at the courthouse earlier this morning. A police escort and several black SUVs roll up to federal court. Behind the tinted windows, James Whitey Bulger, who is back in Boston to face 19 charges of murder in the same city he's accused of terrorizing as a gang boss. Man 2: Some of the victims' families also arriving today, hoping to see justice done after waiting almost 30 years. I'm happy that this is about to start. It's been a long wait. A really, really long wait in time. So, I'll see youse when I get out. How are you going to feel being in there? I don't know. Sick to my stomach now, I can only imagine when I get in there. Woman: Prosecutors describe James Whitey Bulger as the center of mayhem and murder in Boston for 30 years, as the boss of Boston's notorious Winter Hill Gang. A man so dangerous that he joined Osama Bin Laden at the top of the FBI's Most Wanted list. It was the gang that ran amok. You have people who were being extorted, who talked of having shotgun barrels stuck in their mouths, of machine guns pointed at their groin. Boeri: Body bags shown them before Bulger shakes them down. It was absolute terror. Back then, 70s, 80s, people were missing every day, bang. He didn't come home, he's a dead man. They're never going to find him. Brian Howell. Dead. Michael Donahue. Dead. Bodies were being, left and right. And were all involved in this circle of shit in South Boston. Man: And you have a fascination with Whitey Bulger as a Robin Hood figure, this elusive, Houdini-like crime boss, whose younger brother, Bill Bulger, was Senate President, the most powerful politician in Massachusetts. All this stuff that was sort of magical about him that made him seem beyond the reach of law enforcement. Man: There were over 25 years where James Bulger ruled the organized crime world. He was never charged with even a misdemeanor. The Department of Justice did nothing to prosecute him. Woman: Whitey was the guy that got away. Whitey was the guy out in the wind, thumbing his nose, "Ha-ha, I won," for years. So today is huge. I mean, I think that, you know, what... There's so many people who never thought this day would ever happen. Man: James Whitey Bulger fled Boston in late 1994, as federal agents were about to arrest him in connection with 19 killings, racketeering, and other crimes that spanned the early 1970s to mid 1980s. Man 2: He fled after being tipped off by an FBI agent. He was about to be indicted. Woman: Bulger's role as an FBI informant is central to this trial. Man 3: Now he'll face justice in the same city many say he ran with an iron fist. I'll be honest with you, I have today's date, June 12th. But lately, I couldn't... The past few days, I couldn't tell you what, and it's the God's truth, I couldn't tell you if it was Sunday, Monday, Friday. It's... I was... Man: How come? My head's been so twisted over all this. You know, it's like... surreal. You know, it's... it's happening. Whitey killed my sister. She was looked upon as a good person. She'd come in the room and she'd, she'd light it up. "Hey." You know, "Everybody..." You know, it's... He had no right to take her life. And he took her teeth out, her hands, and... Woman: Mike was killed 30 years ago. But, you know, I think when you lose somebody, there's no time. Sometimes it just seems like yesterday. I don't think he should've died when he died. He had too much to live for. You know, the day he was killed, he was looking for my son Michael to take him with him. But, he was down the park, and he couldn't find him. So I said, just, you know, "Just go without him." Thank God, you know. I guess there's a reason for everything, you know. Davis: Did you get a haircut? Get over here, I want to introduce you. Look it, I didn't know I was supposed to get all dressed up. - I just got a shirt on. - Jesus Christ. - Today, I feel fantastic. - Man: How come? Well, 30 years ago, they tormented me, and it's been 30 years of torment, and now it's coming to an end. Thank God he's behind bars. My father always told me that good will always triumph over evil. Even if it takes a long time. And that's just what I'm here for. - We don't forget. - Rakes: No. - No. - You know what I mean? The only kind of comfort I get through this is talking with him. You know, me and Steve meet every morning, just about every morning for coffee. That's why Steve and l, we have something in common, this psychotic individual. We're going to bring justice, it has to be done. Finally payback. As nervous as I am, exciting, the adrenaline is pumping, I just can't, I can't believe I'm finally here. I finally get to stop. I'll have my day, my time. Woman: Gentleman, let me ask you just to say a few words as you're going in, what your thoughts are. Anxious. The day has come. Man: What are you going to be thinking as you look at him in that courtroom today? Well, you know, 30 years ago, I'd never look at him. Now I can't wait to look him right in the eyes. Reporter on radio: It's day one of one of the most anticipated trials in decades. Reporter 2: Cameras should've been allowed in the courtroom. Obviously, in federal court, they are not allowed. Female reporter: For the people of Boston, this case is about justice. It is about redemption, it is about retribution. Opening statements in the trial of James Whitey Bulger. Reporter 3: The Assistant US Attorney, Brian Kelly, telling jurors. Kelly: "He did the dirty work himself, because he was a hands-on killer who ran amok in the city of Boston for almost 30 years. Bulger was deeply involved in the distribution of drugs in the South Boston area. Bulger was one of the biggest informants in Boston. Bulger routinely met with FBI agent John Connolly and gave him information to protect himself, or get the competitive edge that he wanted." Reporter 3: He then showed the jury pictures of each of the 19 people investigators say Bulger killed. Woman: They described victims, former friends, associates, girlfriends, all killed and buried in secret graves. Some relatives in court listening choked up when they heard that. Woman 2: The government, ending its opening statements by slowly, dramatically, reading off the names of the 19 alleged murder victims. Man: Bucky Barrett, Roger Wheeler, Brian Halloran, Michael Donahue, John Callahan, Deborah Davis, and Deborah Hussey. Kelly: This is not a traditional murder case. It's a racketeering charge. And within the racketeering charge, there are multiple predicate crimes that we have to prove. We have to prove at least two of them. And Bulger is charged with 33 separate predicate crimes. 19 separate murders, multiple extortions, drug dealing, gambling. And of those, we have to prove at least two beyond a reasonable doubt, and we have to prove that Bulger was part of this criminal enterprise that was committing all these crimes for 30 years. Man: Defense attorney J.W. Carney stunned the courtroom, admitting for the first time that Bulger was involved in drug trafficking. Carney: James Bulger was involved in drug dealing. He was involved in bookmaking, loan sharking. These crimes are what he did. Man: But he poked holes in government witnesses. Woman: Carney tried to paint a picture of Bulger associates turned government witnesses, John Martorano, Kevin Weeks, and Steven Flemmi as the real murderers who just pinned their crimes on his client. Boeri: The defense said, all those three witnesses' testimony was purchased. They were murderous thugs whose testimony was purchased by sparing them the death penalty, cutting their prison sentence, and offering them all sorts of incentives. Given these three individuals, given their backgrounds, given their character, would you believe them beyond a reasonable doubt? Woman: Carney denied that Bulger was an informant. The evidence will show that he was never an informant for John Connolly and the FBI. You will learn the depth of corruption in federal law enforcement that existed during this period. This was how James Bulger was able to never, ever be charged. Boeri: What makes this trial extraordinary, and really crazy, the defense is defending him from an assertion that he was an informant, even though it's not a charge. And so what seems crazy is the government has gotten sucked into this as well, they're trying to prove that he is, even though it's totally irrelevant to his guilt or innocence. So it's not about guilt or innocence, it's about his legacy, of wanting to establish he wasn't a tout, a rat, an informant, whatever you want to call it. (sirens wailing) Carney: I was as surprised as anyone when James Whitey Bulger was captured. Is the government excited about having Bulger come back? Some people certainly are. But there are others, I think, who have many sleepless nights about what James Bulger is going to testify to. I believe the reason that they are giving so much protection to Bulger to transport him from the jail to the courthouse, is they are worried about someone with a sniper rifle taking him out on the way to court so that he can't testify. That's how explosive his testimony will be. Man: This is Whitey's world. You go from Squantum, where he lived with Cathy... It's basically six miles, if you drive it, up to Castle Island over there. That's Southie, where he did most of his crime. He murdered people there. He buried people there. And he went to sleep there. So, that's his world. Man 2: I spent much of my childhood in South Boston, and even as a kid, I knew Whitey Bulger ran the show here. But Whitey was very lucky. In the 1960s, there was an Irish gang war. And over 60 people were killed. But Whitey was in prison. So he missed all that. He would've had a high, high chance of being a victim of that violence. When he got out of prison, Whitey went to Howie Winter, who was the leader of the Winter Hill Gang, preeminent non-Mafia gang in this region. And he said to Howie, "We got to stop the war in Southie, too many people are dying, we're losing money." Howie was very impressed by Whitey. And one of the things that impressed him most was that Whitey had done time in Alcatraz. Now, you know, for you and me, you know, we like to hand in our resume and say, "See, I went to Stanford, I got my MBA at Wharton." But in that milieu, if you're a wise guy, you say, "Oh, you went to Alcatraz." And Howie said that Whitey came across as a guy that could be a leader. So Howie mediates the end of the war with a rival gang in South Boston called the Mullens, in which the Mullens actually were about to prevail. And the Mullen's guys think, you know, they're about to get the lion's share of everything. And Howie threw them for a loop, when he announced that Jimmy Bulger, he's going to front money for them, they can put money on the street, Ioan shark, they can do a gambling operation, but Whitey's going to be in charge. And the Mullen's guys were going, "What, are you kidding me? We were winning." And Tommy King, who was a member of the Mullens said, "We should have killed Whitey when we had a chance, because this is going to come back to bite us." Man: Southie was great growing up. Everybody knew everyone. Everyone watched out for everybody. It was great. You know, we didn't have a lot, but we had a lot of fun with what we had. My brothers both went to college, they went to Harvard, so I was the only male at home. I knew how to fight, and I was kind of handy, so I started working different bars, bouncing, and I ended up at Triple O's. It was a neighborhood bar. It was kind of a rough bar, and that's where I met Jim Bulger and Steve Flemmi. I was 18 at the time. Jim was like an older brother, he was guiding me through a minefield and stuff, and teaching me a lot as I went. When I first started working with them, they started out small, you know, and just, you know, beating people up, and little by little, take baby steps. You know, from gambling, loan sharking, you know, to extortion and stuff, and doing extortions with Jim Bulger and stuff, and I was making a lot of money. But the moment that everything changed for me, the moment my life changed, was when I was involved in the first murder. It was a double homicide. So then I knew I was in, and there was no getting out. So I decided, "Well, if I'm going to do this, I'm going to do it right. I'm going to be the best at it that I can." (sirens wailing) Woman: It was tense in court Tuesday between James Whitey Bulger and the man who was once like a son to him, his former right-hand man, turned cooperating government witness, Kevin Weeks. Woman 2: Weeks was one of the government's star eyewitnesses. As Bulger's mob enforcer, Kevin Weeks says he buried the bodies, moved the guns, and collected the cash which bookmakers and businessmen paid to stay in business. Woman: Weeks calmly and coldly testified he watched James Bulger brutally murder Deborah Hussey, John Mclntyre, and Arthur "Bucky" Barrett. Weeks: Jim Bulger stepped out with a machine gun, was put in a chair, tied with chains. As he walked down the stairs, Jim Bulger shot him in the back of the head. He was strangled, he was just gagging... Jim Bulger asked him if he wanted one in the head, and the kid said, "Yes, please," and shot him in the head. There Jim had her, strangled around the neck, he's got his legs wrapped around her, her lips turned blue, face, the eyes rolled up in the head and everything. Steve Flemmi says, "She's not dead." He wraps a cord around her neck and starts twisting. Teeth were pulled, and she's buried in the basement floor. Woman: As the defense began cross-examining the former Bulger protege, Weeks looked annoyed. Carmey: So when you told me a moment ago that you never lied to the investigators, that was a lie. I've been lying my whole life, I'm a criminal. Woman: The tension reached a boiling point, when defense attorney Jay Carney asked Weeks: Carney: You were concerned that you would be viewed as a rat. No one calls you a rat? Weeks: No one says it to my face. No one's ever said it to me. You know, maybe behind my back. Carney: What would you do if they said it to you? "We'll go outside, just the two of us, you say it to my face and see what I do to you." And he looked at me, he goes, "Physical?" And I says, "Yeah, I'll hurt you." You know, I mean he asked a question I gave him an honest answer. Woman: But the best was yet to come as Carney asked how the killings bother Weeks. The court transcript reads, "Because we killed people that were rats, and I had the biggest rat right next to me." Bulger then said, "You suck." Weeks fired back, "(Expletive) you, okay." Bulger gets in the last shot. "(Expletive) you, too." Man: This is where Whitey used to take his walks and he would meet with people. They stayed on the street for quite a while, and that never should've happened. It's just... It's crazy, it's crazy. Long: I worked organized crime most of my career. So I saw Bulger going up the chain with the Winter Hill Gang. Bulger and Flemmi moved up in control. And in 1980, a young trooper working for me was assigned to go down and check out this garage down in the North End, to see about a possible stolen car ring. When he went by, he noticed a lot of organized crime figures there. He called me, I went down, observed for myself, and that's when we started this investigation. The garage was right up here, just a little after the truck here. We commandeered an apartment across the street, and we monitored it for about four months, every day. And there we saw James Bulger and Stephen Flemmi. Anybody who is anybody in organized crime in New England, came here to this garage. People who were paying rent, protection money, people who were in the shit, let's say. They were meeting daily with the leaders of the New England Mafia. The Angiulo crime family, Patriarca crime family. And it was unprecedented to see that. It was absolutely shocking to see that they were actually working together. That was like striking gold. What surprised me, I'd say, "Where's the Boston police? Where's the FBI? Why isn't anybody else doing this?" They're right here. They're operating so openly. It just was shocking. And we monitored that, and documented it, and we've got enough probable cause to go to a judge and issue a warrant so that we can place listening devices inside. And we planted the bug, it worked great. Everything was fine. The next morning, one of the first conversations we picked up was what a great job the state police on the Mass turnpike do. So, we knew the gig was up right then and there. Somebody was protecting them. We knew we were had, and we just couldn't figure out how. Then one night, John Morris of the FBI met a Boston detective at a bachelor party. And he was in a drunken state and told the Boston detective that, "I know you guys are working with the state on a wire, on a bug down on Lancaster Street. And the bad guys know about it." I couldn't believe it. How does anybody know outside of our group? It didn't make sense. Man: James Whitey Bulger's relationship with the FBI will be the focus of testimony this morning. Former FBI supervisor John Morris is expected to take the stand. He was head of the FBI's organized crime squad during the 70s and 80s, overseeing former agent, John Connolly. Man 2: Morris claims that he and John Connolly shielded James Bulger from prosecution. In addition to hearing Morris on the stand today, federal prosecutors plan to discuss James Bulger's alleged 700 page FBI informant file. Man 3: To understand the Bulger story, you really have to understand how the FBI and top echelon informant program came into being to destroy the Italian Mafia. It really begins before the program even existed when Joe Velachi testified before a Congressional committee in 1963. And this testimony was engineered by Robert Kennedy, Atty. Gen. Robert Kennedy, and it was really explosive. Velachi came forward and he described the hierarchy of the five families in New York, and he described the initiation ceremony. Man: What is the name of this organization? "Cosa nostra," in Italian. Man: "Cosa nostra" in Italian. "Our thing"...and "our family," in English. English: The first time one of these Mafia guys was talking into a television camera, and it was a big deal, and it stole Hoover's thunder. Because Hoover had, for decades now, been denying that there was a Mafia. Now Hoover had a problem. He needed to make up for lost time. And he needed to go out and get informants as dramatic and as explosive as Joe Velachi. We should all be concerned with one goal: the eradication of crime. The Federal Bureau of Investigation is as close to you as your nearest telephone. It seeks to be your protector in all matters within its jurisdiction. It belongs to you. English: The top echelon informant program also was what gave power to guys like John Connolly. Because how are you going to get guys like Velachi? Well, you're going to need FBI guys who walk the walk and talk the talk, who can go out into that underworld and sort of make deals with these guys. So the power and influence of the swaggering agent within the hierarchy went way up. Man: The general topic of our discussion today is informant handling. And with me today is John Connolly, a 15-year veteran of the FBI. How do you go about developing individuals for recruitment, or targeting as an informant for the Bureau? In the case of organized crime type people, you probably wouldn't want to target a boss, for instance. You'd want someone perhaps close to the level of criminal activity, but not necessarily involved. Lehr: When John Connolly was a boy, he lived in Southie, in the same housing project with the Bulgers. And he was in awe of Whitey, who was a teenage thug with the platinum striking hair, and the amazing Hollywood good looks. So John Connolly, given his history as a son of Southie, his connection to the Bulger family, he succeeded in forging what has since been called an unholy alliance with Whitey Bulger. Remember, these are our most important assets that we have, informants. I mean, they're the name of the game. You're going to get friendly with them, and you're going to like them. But you never can forget who you work for. (phone ringing) Carney: Hello. Woman: Hi, Mr. Bulger's on the phone. Carney: All right, please put him through. Woman: Sure. Thanks for calling. There were a couple of things I wanted - To ask you about. - Bulger: Sure. The first is, that you've told me since the very first day I met you, that you've never been an informant. Bulger: That's correct. Carney: Does that mean you've never been an informant in your entire life? Bulger: Never. As a teenager, I took many a beating at the police stations, and I never cracked. As a bank robber, I was captured, I pled guilty to free the girlfriend that I was with, and I got a 20 year prison sentence, first offender. In prison, I was part of an escape plot. The plot fell apart, one of the guys gave my name. I told them, I don't know what you're talking about. I spent months in the hole, naked and the whole thing. I went through a lot there. And after four months, for punishment they sent me to Alcatraz. And that was it. I never, never, never cracked. And the Boston FBl, no way. I met John Connolly, who's a salty guy, Irish Catholic like myself. You know, friendship, "If I ever hear anything, I'll tip you off, I'll give you a heads up." And then I told him, "All right, John." I says, "I'll see you. If you can let me know, I'd appreciate it." And that's how it got started. Carney: This isn't really a typical criminal trial. James Bulger knows that by following the strategy he has directed us to do, he will be found guilty, and he's gonna die behind the walls of a prison. But for Jim it doesn't matter, he's at the end of his life. He doesn't know if he'll live till the end of the trial, never mind till the end of the year. But for him it's like, it's his last opportunity to tell people that he was never an informant, that our federal government is more corrupt in law enforcement than anyone ever imagined, even to this day in this trial, it's corrupt, and he wants people to know it. There's a lot of things that we need to dispel. The fact that Jim wasn't an informant. I mean, the local thinking is that absolutely he was an informant. Everybody talks about it, books are written about it. Until you actually go through everything and look at it to make your own independent assessment, you can't have an opinion. So getting involved in this case, I had an opportunity that I don't think anybody in the public does, is I get to see the files that the government had to suggest that he was an informant. I thought that there were some things about the file that were so suspicious, that I wanted to look into it in depth. And so I sat down with Daryl, and I asked her to come up with an independent assessment, whether or not she thought there was any legitimacy to the files. Of course I was eager to start the project and see what I could find, but I was also a bit skeptical. I mean, just looking at the file when it was handed to me, I thought, how could that possibly be fictitious? It's 700 pages and it looks very official, so it seems like it had to be solid. But slowly, I found a lot of strange repetition in the file. What I've done is created tabs on every page where I found alternate sources for the information. And we learned that John Connolly was pilfering through files. And Connolly took specific information from these sources, and placed it into Mr. Bulger's file. These alternate sources comes from wiretaps, it comes from phone calls, news articles, public information, FBI memorandums. And the majority of the information comes from other informant files. A top echelon file is supposed to be filled with singular, unique information that can lead to a prosecution. And just based on the patterns that I found looking at other alternate sources, it's just not consistent with someone who was providing unique information. Like this first page of his file, from May 29, 1981. The tip reads that "1544 advised that the Mafia whacked out a guy several weeks ago... He's in the trunk of a car." It doesn't tell who whacked out the guy, it doesn't tell what guy was whacked out, it doesn't tell where the car is, there's no substantive information in that, and there's no follow-up in the entire file. You turn, it's actually the last page, June 8 of that same year, the same exact tip shows up. "1544 advised that source heard that the outfit people whacked out a guy several weeks ago and left the individual in the trunk." It's vague, there's no details, and it shows up twice in his file. This is not unusual to see reports in one informant's file that's similar to reports in another informant's file. If a crime occurs, a law-enforcement agency surveys their informants. They get multiple reports from various informants about the same criminal activity. That's exactly what Connolly was doing with Bulger. The federal government is so desperate in this trial to try to convince people that he's an informant. Because James Bulger had such a strong and influential reputation, his name had value as a commodity for the Department of Justice. They needed search warrants to take down the Mafia. They needed to put something down to justify intrusions into people's civil liberties. Nobody was going to look and see if the information was verified. No one was going to determine whether it was made up by a street agent. No one was going to determine whether it was true or not. It wasn't enough simply for a magistrate to sign off on probable cause. And there is example after example in this case of where they took James Bulger's name and used it as a commodity. It's a preposterous assertion that he was not an FBI informant. In fact, he used the FBl, and they used him. What this is all about, quite frankly, is he doesn't mind being called a murderer, he doesn't mind being called a criminal, obviously he doesn't mind being called a drug dealer, but he doesn't want to be called an informant. Because where he came from in Southie, that's the worst thing you can be. You can be a crook, you can be a murderer, but it's worse to be an informant. That's the way he's brought up, in his sick mind, that's what he believes. The fact that the file is 700 pages, quite frankly, that's a large file. Bulger had this relationship for 15 or 20 years. When they were saying that he had a voluminous FBI file, how long were they claiming that he was an FBI informant? Almost 20 years. Okay. Well, I have extensive experience with a lot of informant files, and a top echelon informant file is never going to be 700 pages. What should, generally, the size of the file be? For 20 years? Anywhere from 60,000, 55,000, up to, you know, 300,000. The problem with the top echelon informant program, it's not unique to the Bulger case, and a lot of people are dying because of it. So I file a Freedom of Information Act lawsuit against the government, and I won massive files, 55,000 pages of files just on one top echelon informant, Gregory Scarpa, a high level informant for the FBI in New York. His main role was to bring down the Colombo crime family. But at the same time, he was lying and killing off his rivals and committing murders, a lot of murders. In trial, they said more than 50 people. I don't know if you've ever seen a real informant file or not. - I haven't. That looks heavy. - Because I don't think that you have. See, you didn't have this on yours, correct? These are important, these are showing who these went to and who authorized these. That's an unbelievable amount of signatures. Exactly. That means everybody here saw this or endorsed it. Yeah, exactly. And, but look how high it went up. Kelly, Deloach, that's up there, that's up there with, with Hoover. And then it should go into the information that he provided. He's given information, and then the FBI does their own summary. Here. "This informant has not furnished any information known to be false." Do you have any of that on yours? We don't have things like that. And this is a total of 1147 pages. So, and that's just the first set. Now, I have an additional 55 coming, 55,000 coming. Remember the day when Hank and I were with you, and showed you the so-called informant file that John Connolly had been keeping? Yeah. Remember your reaction to seeing that? I was shocked. I was angry. I couldn't believe it was, I consider it the worst betrayal that ever, ever happened to me in my life. I couldn't believe that anyone even could dream of such a thing. I never knew it existed. Did you recognize the information that was contained in it as anything that you would ever talk to John Connolly about? No. I asked the questions, I got the answers. I was the guy who did the directing, they didn't direct me. What are some of the things they would give you in terms of tips? The thing that we needed most of, number one, was wiretaps. And then, like, photo surveillance, search warrants when they were coming, indictments that were coming, so guys could get a chance to make a run for it. Well, if you weren't providing information to these people, why were they willing to give you all this information? For money, for money. Money's the common denominator. It's a way of doing business. It happens all the time, it'll never stop. I remember you told me once that Christmas - Is for kids and cops. - Correct. How many people would you be paying off on a holiday period? Everybody I knew I took care of at Christmas time. Put money in envelopes for all of the different police. I had contacts on the state police, the Boston police, the ATF, also in the FBI. There was more people than John Connolly, but I'm not going to say who they were. I would never say anybody's name, you know. But I took care of everybody. And was this in cash? Always cash. I never handed anyone money, I handed them an envelope, makes it a little bit easier for them to accept it, you know? Or I put the money maybe in a box, if it was that much money. What was the most amount of money you ever paid an FBI person, FBI agent? - At one time? - Yeah. I don't know, maybe 25,000, 50,000. Everybody can be corrupted. People who are of the opinion that the FBI is above reproach... Well, they're just regular people. They put their pants on in the morning just like everybody else. They are regular people, except they have a badge that says, you know, "Special Agent." But there's nothing special about them, they are regular people. If you find their weakness, or their needs, or if they have a problem and you can solve it for them, you can corrupt them. Maybe they like money, maybe they like wine, maybe they like jewelry, you know, trips, whatever. There's always a way to corrupt somebody. Man: During a rapid-fire and sometimes intense cross-examination, disgraced former FBI supervisor John Morris admitted taking thousands in cash from Bulger. Man 2: Mr. Morris, you were Mr. Bulger's paid FBI informant, weren't you? Morris: That's not correct. He did give me money, but I was not his paid informant. - Man 2: Gave you money? - Morris: Yes. - Man 2: Gave you gifts? - Morris: Yes. Man 2: You got a case of wine, didn't you, from Mr. Connolly - In the basement of the federal office? - Morris: That's correct. - Man 2: Did you throw it away? - Morris: No, I kept it. You know, seeing a day like today where, it's not clear, you see, you see thoroughly, despicably corrupt FBI agents like John Morris, a supervisor. You know, with just a moral... I mean, he was a moral coward. Boeri: And you see him, and you see Connolly taking advantage of him in all his weakness, to bring him into the group. You see that, and you see what was allowed. And so, the real story here, is that our government enabled killers to run free in this city, you know? Bulger used to wake up in South Boston, and from South Boston you can look across, and he would say, "I own that town." And he really did. And he owned it because, he was allowed to turn the Federal Bureau of Investigation into the Bulger Bureau of Investigation. He put his tentacles into the Bureau and he turned it into something that worked for him. And it was because they were all crazed about getting the Mafia, that they enabled the Irish Godfather to run the show here. And he was far more dangerous than the Italians. So what we need to do is get inside a little bit and talk about how the FBI works, what the roles of certain people were like Mr. Connolly and Mr. Morris. And the more we can keep you on the stand, from my perspective the better, because hopefully, it will be able to really illustrate the effort you made, so they see the good side of law enforcement. You recognized it was a problem, you tried to do something to save lives, and because they were pursuing whatever agenda they were, - They shut you down. - Can I be candid with you? I think the whole thing was a con. I think at some point they get in over their heads, and their success was wrapped around Bulger, to the point where he had to be validated, he had to be made into this informant that gave them all this information. Brennan: That's the myth. That's the myth. Fitzpatrick: I had a fascinating career. I worked organized crime, I worked fugitives. And in Mississippi, I had to work the Ku Klux Klan, bombings. And we ended the bombings in Mississippi. Then I was transferred back to Memphis. Martin Luther King came to Memphis and I was told that King had just been shot. We found the gun and through the fingerprints we identified James Earl Ray, and we arrested him in London. In Miami, we developed a case called ABSCAM. ABSCAM turned out to be one of the largest white-collar crime cases ever. And we arrested senators, a sitting senator. So when I went back to headquarters, and the Boston problem was going on, I was told they needed somebody with this background to be sent to Boston. And my mission was to find out what is going on between the Mass State Police, the Boston Police, the local police, and the FBl, and how come they're not getting along together. They had territorial issues. The state police was blaming the FBI for cavorting with criminals, because they had seen Connolly and Morris with Bulger and Flemmi. So they formed the opinion that the agents were doing something bad. Well, as it turned out, they were. But they didn't know it then, and I didn't know it then. So I go out and interview Bulger and assess him, a suitability, if you will. I arrive at Bulger's place, and met at the door by Bulger. He's got a baseball cap on, he's got sunglasses, he's got a muscle shirt. I hold out my paw, my hand, and he doesn't take it. Okay, you know. So I look at my empty hand and I follow him in. The place is dark. And we walk in the back. I say, "Look, Bulger, I'm here to find out what you're doing for us. What are you doing for us?" And he gets angry. And about that time, Connolly pops out. And remember this was supposed to be mano a mano, one-on-one. And I get very angry. And I look over and he says, "Hi, Fitzy, how you doing?" And I'm saying to myself, "Oh," you know, "this does not look good." But then we have the conversation about him. I finally get the conversation back. And what he tells me is that he's not an informant, that he has his own informants, and that he pays them, they don't pay him, and that he's the head of a gang, and that he runs the gang, that he's not going to testify. Now all those elements are elements to me that I'm going to close this guy as an informant. If you're an informant for the FBI and you're the head of the gang, then the FBI is validating the gang. You're actually part of the gang and the management process. So to me, he's a big problem. Close him, get rid of him. And that's what I go back and tell my boss. From that point on, I get resistance. I'm more or less told, "You shut up. You're not allowed to talk about this." Murphy: I was a very young reporter, but I had covered this huge Mafia trial in Boston, it was the biggest ever. It was, um... The FBI had planted a bug in the north end headquarters of a guy named Jerry Angiulo. He was the underboss of the Mafia, and ran everything in Boston. And he and his brothers, the whole hierarchy went on trial, it was an eight month trial. And there was all this evidence of murders, and corruption, and they had tapes of Jerry Angiulo bragging about murders. But they also had him talking about, "I have a couple of guys that will do anything for us named Whitey and Stevie, they'll kill anyone we ask them to." And so at the end of that trial, it was a huge victory for the FBI in Boston. They had just wiped out the New England family, decimated them. Yesterday, a federal grand jury sitting at Boston returned a 20 count indictment charging seven individuals, including Gennaro Angiulo. Murphy: The Boston FBl, they were heroes, and John Connolly was at the heart of that, he was the guy with the most informants the most top echelon informants. So as the Mafia is being decimated, stepping into the vacuum are Whitey Bulger and Steve Flemmi. And I'm asking the New England strike force leader, Jerry O'Sullivan, why aren't you going after Whitey and Stevie? You've already done the Mafia repeatedly, what about these guys? And the answer is, "Oh, well, they're not the threat that the Mafia is, the Mafia is an international organization, Whitey's this local hoodlum. We're the New England Organized Crime Strike Force, we go after the big guys." Well, Whitey was becoming the big fish. Carney: Jim Bulger wants to explain to the jury why for 25 years he could be on top of the organized crime pyramid in Boston, and never once be charged with a crime. The chief of the Organized Crime Strike Force, Jeremiah O'Sullivan, promised him that he would not be prosecuted for any federal crime, if in turn, he did something that the government wanted. And that something was not being an informant, it was something else. We've never revealed that information, but Jim will at trial, if Jim takes the stand. Bulger: I had met secretly with a high official in the federal strike force, Jerry O'Sullivan, United States Attorney. He was concerned that someone was going to kill him. He says that he's in trouble, and he needs help. I felt bad for him, so I told him, I says, "Look, I'll take care of this for you, but I'm no spy. We don't meet, I'll take care of it my own way. If you can accept that, it'll be done." Carney: What was O'Sullivan's promise to you? His promise to me was this. He says, "Listen, Whitey," he says, "I feel better, I'm under your umbrella of protection, you're under mine," and he says, "Any federal crimes or anything like that, don't worry about it." He says, "I'll always be in your corner from this point on. I'll protect you, you protect me." And that was the way it went. Bulger claims that he had saved Jeremiah T. O'Sullivan from imminent danger, presumably from Mafia retaliation for Jeremiah O'Sullivan's pursuit of the Mafia and bringing it down, and that his deal with Jeremiah T. O'Sullivan was a personal one, and he was going to protect O'Sullivan in return for being granted immunity for crimes past and future. John Connolly said that O'Sullivan and Bulger pledged allegiance to each other. That's a pretty significant event, an event by the way that was never mentioned or even alluded to in this trial. The government didn't want it to be, because then you would have this very ironic situation of the US Attorney's Office in Boston, the very office that is currently prosecuting Whitey Bulger, had some kind of corrupt relationship with Whitey Bulger, that they're not being totally forthcoming about. The notion that a federal prosecutor could tell an organized crime figure that he could kill at will, men and women, rich and poor, Boston, Florida, Oklahoma, based on a personal promise to guarantee his safety, is so absurd, so ludicrous, we've run out of words like "ludicrous" and synonyms to describe it. Woman: Today they call to the stand former number two in the FBI's Boston office, Agent Bob Fitzpatrick. Fitzpatrick: Kind of upset over the fact that this whole case is predicated on a bunch of people I tried to put in jail, and the true story is that the criminal justice system has basically been co-opted by Bulger, by Flemmi. Now certain people are culpable in the FBl, but certain people are culpable in the Department of Justice. So I've got to go there and present the truth. Woman: Former FBI agent Robert Fitzpatrick started at the Boston office in 1981, and said the atmosphere was tense. As Assistant Special Agent In Charge, Fitzpatrick evaluated James Bulger's role as an informant. Fitzpatrick said Bulger surprised him by saying he was not an FBI informant, that he was never paid anything by the FBI to provide information. Fitzpatrick recommended closing Bulger as an informant, but headquarters thought Bulger was too valuable in its quest to bring down the Mafia. After several hours on the stand, prosecutors began a tough cross-examination of Fitzpatrick. First question? Kelly: You're a man who likes to make up stories, aren't you? Fitzpatrick: No. Kelly: Didn't you gratuitously claim credit for arresting the mob boss - Jerry Angiulo? - Fitzpatrick: I did arrest him. Kelly: Haven't you in fact pretended that you were the one who found the rifle that killed Martin Luther King? Fitzpatrick: I did find the rifle, when I was at the scene. Woman: At one point, Assistant US Attorney Brian Kelly said, "Are you on medication?" Fitzpatrick said, "Yes." Kelly said sarcastically, "Does it affect your memory?" "Not that I recall," replied Fitzpatrick, as several people in court laughed. Woman: How do you think you were treated on the stand? Not good. What do you mean? I thought the guy was very angry, and I don't know why. You know, it should've been a lot more professional, and I didn't feel that professionalism. And plus, as a former law enforcement officer working with these guys, I should have had a little more respect. You know, I'm actually disgusted in some sense, to be honest with you. To hear Fitzpatrick get grilled like that, and not all the other agents? I think it's garbage. That's the first time that the prosecution has cross-examined anybody in that manner. Other than that, they been up there kissing everybody's ass. All the dirty FBI agents, all ex-mobsters. Look at Morris, they didn't treat Morris like Fitzpatrick. These are the guys they gave deals to. Fitzpatrick tried to go out of his way and do the right thing, but he's still fighting for a pension. Morris got a pension. Kelly: With respect to my cross-examination of Fitzpatrick, I do think it was fair. I think when people come into federal court and tell ridiculous stories, they can expect to be confronted aggressively with cross-examination. That's the purpose of cross-examination, you try to expose what isn't accurate. Now Fitzpatrick was in fact in the chain of command at exactly the same time all this crime and buffoonery was occurring. And yet years later, he wanted to distance himself from it and pretend he was trying to stop it. English: Bob Fitzpatrick was one of the first people to say there's something rotten here, and to try to call attention to it. He's drummed out of the FBl, now here he is at this trial, and they really seek to destroy him, they seek to humiliate him, and it was very personal, because when he comes in to trial to testify, he is a rebuke to the entire system and to everyone who stood back for 20 years that Bulger was in power and allowed it to happen. And a lot of people were complicit in that. Brennan: It was a little bit tormenting to watch Fitzpatrick get beat up. It shows you that you're either with the government, and they'll accept, and guide, and protect you in any way they can, or you're against the government, and they'll try to destroy you. We know that there was a relationship between the Department of Justice and the success of James Bulger, and nobody wants to tell that story. They protected him for their own reasons for decades, and they're still lying about it. At this trial, the United States Attorney's Office has an exhibit. It's a very important exhibit. It is a memorandum from the Special Agent In Charge in the 1980s by the name of Lawrence Sarhatt. In this memorandum, Sarhatt says that he had a conversation with James Bulger when they met at a hotel. And the government pretends that this memorandum somehow shows James Bulger is an informant. So, during the trial we learn information that there's a secret safe in the Boston SAC, that's Special Agent in Charge's office in the C3 unit of the FBl, the criminal division, and in that safe, supposedly documents will go into and never come out again. We also learned that there was a secretary who had worked for decades in the Boston FBI. She's 82 years old, and still working for the Boston FBI. So, she is the person who knows whether or not a secret safe exists. Brennan: When we called this secretary as a witness, mysteriously new documents appeared. While they told the jury and the public - This is the truth at this trial... - Man: At this trial. what we learned when we called the secretary is there were other documents that existed. The same exact memo that the government introduced at this trial from the same person, exact copy of it, we learned that the memo was not complete, because there's an observation section. Mr. Sarhatt says, "I am not certain that I am convinced the informant is telling the full story of his involvement. Consideration should be given to closing him and making him a target." So what do they do with this information? Well, the government at this trial, leaves that part out until we expose it. What else did they do with the information back in 1980? We'd learn from the secretary exactly what they did with that information. The actual memorandum that was given to her, she put in an envelope by direction of Mr. Sarhatt, and put in the safe. And it says, "Strictly Eyes-Only." Nobody other than the Special Agent in Charge should see it. And anytime a new Special Agent In Charge would come in and take the place of an old one who was resigning or moving on, she would tell them about this document in the safe, and it stayed in that safe for generations of Special Agents in Charge when they took each other's spot. And one Special Agent In Charge said, "Get rid of this, or we'll all get fired." What could be so terrible about this document that they would lose their job? That James Bulger was an informant? Would that be so terrible everybody would get fired? Or that they knew he wasn't an informant, they knew that he should've been targeted, and he was being protected. Kelly: The defense complaining about the Sarhatt memo is another desperate tactic by them, which is another version of, "Let's pretend," because they are pretending they didn't have these documents, which they did. There's nothing sinister about it, it was disclosed. They had it. And it didn't... it didn't prove anything, other than the fact that there was a head of the FBI who was concerned about keeping Bulger open as an informant. If anything, the Sarhatt memo proves Bulger was an informant. He sat with the head of the Boston FBI for four hours and gave them all sorts of information, most of which was useless, but in fact, he was reporting it to the FBl, and that makes him an informant. Woman: The latest twist in the trial of James Whitey Bulger. Man: On Tuesday, Stephen Rakes was dropped from the witness list. Woman 2: Rakes had been set to testify, but prosecutors told him he was no longer needed to take the stand. Thirty years of torment, and now it's coming to an end. (phone ringing) Hello. No, I haven't been able to get... I'm going by his house later because I haven't been able to get a hold of him or anything. Yeah, he's probably beside himself about it. They took him off the witness list. I tried calling him after court, and his phone went right to voicemail. I call him all day yesterday, same, after court, same thing. So, I'm going to go over. I figure, give him a little time to cool down. Yeah. (indistinct voice on phone) Yeah. Where? I don't know, what was the body described like? That's him. That's him. Motherfucker. I'm going by his house right now. Yeah, I'll call you right back, bye. - He's dead. - Woman: He's dead? What, what? What? What happened? They found him on the side of the road in Lincoln. Woman: In Lincoln, Massachusetts? Yeah. Woman: Who's in Lincoln, Massachusetts? I gotta go by his house right now. Woman: Who's in... Oh, my God, no way. Man: Stephen Rakes is a courthouse regular, coming each day to the Whitey Bulger trial, waiting for the day when he would testify, but Rakes would never get that chance. See the corruption? Woman: Well, wait, let's not jump to conclusions. Let's say a prayer that he's okay. - He's not here. - Woman: Oh, my God. - Woman: Is his car here, Stephen? - No. Woman: Oh, my God. Can you go knock on the door and see? Davis: I knew something was wrong, because I talk to him every day, we meet for coffee. (ringing doorbell) You know, and that's got my stomach turned, thinking, "Is anyone else in danger?" With his testimony, I used to say to him, "Steve, what do you have to say? I mean, what is it?" "Oh, you'll see, you'll see. Believe me, you'll see how deep the people... you'll see." Woman: Key witness in the Whitey Bulger trial is dead. Woman 2: A source tells CNN, authorities called the death suspicious. Man: We don't know what the cause of death was, no sign of trauma. Don't know if this was a suicide. Man 2: It's a very suspicious death. And the body is seven miles away from where his automobile was, and he did not have any identification on him. They'll probably say cause of death was a heart attack, an aneurysm, you know, and is it? We'll never really know. Do you believe what they tell you, or did something really happen? Do you trust your people that are supposed to serve and protect when you know what we're living through, and what's happened in this family? What is the truth anymore, and who do you believe? Sometimes, you know, I wish that this never happened. This life... because all the hurt. I've had a lot of hurt, Joe, I mean, from... I'm talking from... I can remember far back as four or five years old. I don't have any faith no more. I want the truth. This has tied me up for 32 years. They say, you know, ease your pain. And honestly, Joe, I got to tell you this, and I say it with my throat, I'd kill this cocksucker if they ever let him go free, and I'd tell the... Tell the judge that and I wouldn't give a fuck about going away for it. This prick here is never gonna run free, because I... I mean it, I'd take him out. Man: Prosecutors put former hit man John Martorano on the stand to prove that Bulger's reign was murderous. Woman: Martorano was perhaps the most feared member of Bulger's Winter Hill Gang. ...testified he was James Whitey Bulger's chief executioner. Man: Killing was routine. In all, Martorano murdered at least 20 people. Woman: Martorano served just 12 years in prison as part of a deal with federal prosecutors. Man 2: The confessed murderer was asked about a number of killings he committed, including the killing of Roger Wheeler, the president of World Jai-Alai, in Oklahoma. Boeri: The Jai Alai murders are the heart of this, because they show how ugly and sordid everything became. This is shocking. He is killed in daylight, at a country club, while kids at the swimming pool are watching. Wyshak: And who was Roger Wheeler? Martorano: He was the owner of Jai Alai, World Jai Alai... it was a game. Wyshak: Did that game involve gambling? Martorano: Yes. Man: I never did like gambling. But the Bank of Boston brought him this Jai Alai deal. And part of the deal, because I kept asking him about this, he said that the FBI keeps it clean. It's run by retired FBI agents that specialized in investigating organized crime, and they keep the Mob out. Boeri: So, Wheeler buys this company, World Jai Alai. Unbeknownst to him, it's infiltrated by the Mob already, connected to Winter Hill. Weeks: World Jai Alai hired John Callahan, a friend of John Martorano, as a president. And they had H. Paul Rico head of security. And Rico was a corrupt ex-FBI agent, and he had and he had relationships with Winter Hill. Callahan is actually the architect who first brought the scheme forward with Rico, to kill Wheeler, and then go to his widow and buy it, buy World Jai Alai, they would be the owners, and the money was going to be kicked back to Winter Hill. Paul Rico'd resell it to the people back up here that he was involved with before. Martorano: Callahan... he asked me to take out Roger Wheeler. Wyshak: What was your reaction to that? Martorano: I couldn't do that without everybody else on board. Wyshak: And when you said you had to get everybody else on board, who did you mean? Martorano: Whitey and Stevie. They said they were on board, whatever they could do to help, they'd help. Weeks: In the end of it, John Martorano shot Wheeler in the head. Cullen: There were honest FBI agents in Oklahoma who wanted to get to the bottom of the murder of Roger Wheeler. Whitey Bulger and Stevie Flemmi were implicated, and the FBI in Boston lied to the FBI in Oklahoma. They said Bulger and Flemmi had nothing to do with it, they have alibis, we've checked it out. That was a lie. And murderers went free because of it. Man: You hold the FBI as responsible as Bulger for the death of your father? More responsible. The FBI has protected him, they have supervised him, and without the FBl, my father would be alive today. Next person that emerges in this story is Brian Halloran. Halloran is facing his own problems, namely he's charged with murdering a drug dealer. He needs help. And this is the typical system of informants and cooperating witnesses, he wants to make a deal. And so he comes forward, and he can give up Whitey Bulger and Stephen Flemmi he says, because they were part of a plot to kill Roger Wheeler. So, Halloran is a threat to Bulger and Flemmi. They eliminate Halloran, and in the process of eliminating him, they kill Michael Donahue, somebody he knew from the neighborhood. Woman: Of the 19 alleged murder victims, their loved ones have become fixtures at this trial and today, Patricia Donahue took the stand. Donahue: All I want to do is clear my husband's name. I did not want him associated with the Mafia, with Whitey Bulger, with Brian Halloran. You know, he wasn't into that, he didn't even know those people. He was innocent, he wasn't in trouble, he wasn't a Mafia man, he wasn't a killer. Mike was 32 when he died. He actually would've been 33 in a week. Whitey pulled the trigger, but I blame the FBl, too. They knew what was gonna happen. (sirens in distance) There goes Whitey. - (woman laughing) - That's funny. - I'm serious, lookit. - Woman: There's Whitey, people. We'll see you in there, you lowlife. Man: Michael Donahue was murdered simply because he offered a neighbor, Brian Halloran, a ride home. Unbeknownst to Michael Donahue, Brian Halloran at the time was cooperating with the FBl, and was about to reveal that James Bulger was involved in the murder of Roger Wheeler. Fitzpatrick: After the Wheeler murder, Halloran comes in, and he wants to talk. We open him up as an informant, and he begins telling us that this was done by Bulger and Flemmi. And so, I opened up murder cases on Bulger and Flemmi. Now you have to understand something here. Halloran is giving us the subject. He's telling us this guy is the killer of Wheeler, Bulger is the killer of Wheeler. That's a plus, that's a big plus. They should be very happy, they being the Department of Justice and the Strike Force Chief Jerry O'Sullivan. And yet, they're not. O'Sullivan said, "No, I'm not gonna put Halloran in a witness protection program." Why not? So I went over O'Sullivan's head. I went to the United States Attorney, Bill Weld. And I said to Bill Weld, "Bill, we got a problem. I got an informant, Halloran, that's gonna tell us who did this stuff. And O'Sullivan is feeling that he should not be in the Witness Protection program." I told Weld, he's gonna get whacked. At the same time, John Morris at the FBl, told John Connolly that Brian Halloran was revealing Bulger's involvement. And Morris knew full well that John Connolly would convey that information to Whitey Bulger. And he did. Weeks: We received word from the FBI that Brian Halloran was cooperating with the FBI about the Wheeler murder. So Jim Bulger and Steve Flemmi, myself and other people go out looking for him. One day we got word that Brian Halloran was down the waterfront. Michael Donahue happened to have gone down to the pier in South Boston to get fish to use as bait to take one of his sons on a fishing trip. And he stopped to have a beer on his way home. He ran into Brian Halloran who was his neighbor. He offered to give him a ride home. So we went down the waterfront, you know, we got the hit car, weapons, and everyone, you know. He was geared up and stuff. And I went down ahead, I sat across the street and watched to make sure Brian Halloran was, in fact, there. You know, when he started coming out, I told Jim Bulger, and Jim Bulger pulled up, and he shot Brian Halloran and killed him. Michael Donahue was an unintended victim. He wasn't supposed to be getting killed, it was Brian Halloran that we were going to kill. But he hung around with Halloran. You want to hang around with gangsters and wise guys, this is what happens. Woman: Patricia Donahue has spent the last 32 years raising three sons without her husband Michael. Today she finally faced his alleged killer, James Whitey Bulger. Donahue: It was Mother's Day, and Tommy had just made his first Communion. I was in the kitchen cooking. A news bulletin came on the TV about a gangland slaying. I didn't pay any attention to it, because I knew it didn't concern me. And I just so happened to look up and see the car. And I said, "I think that was his car." I mean, I was hyperventilating, I was, like, confused. I'm thinking, "Oh my God, where is he? I need to be with him, I don't want him to die alone, I have so much stuff I want to say to him," you know? And, nobody came until ten o'clock that night. So when they took me to the hospital finally, he had already passed. Within days of the killing, FBI agents, they came to my house and harassed me. Accused me of having an affair with my husband's friend that was staying with us from out of town. I mean, I was like," What?" For months, they used to sit outside my salon, you know. They'd sit outside the house and I'd say, "How you doing, have you found out any more information on my husband?" "No, nothing yet." And the whole time they knew. And I was devastated because I did not think that the government was like that. You know, you think you know them, and you find out they're not who you think they are. Murphy: Bulger and Flemmi are suspects, now, not only in the Wheeler murder, but in the Halloran and Donahue murders. And nothing happens. The FBI decides to look for John Callahan, "We need to question John Callahan, he's the other guy who was also implicated in the murder of Roger Wheeler." They're hunting for him to question him, and then he's murdered. Again, nothing happens. The FBI in Boston, who do they send out to question Bulger and Flemmi? John Connolly. Their handler. Because we know he's objective, right? The FBl, they haven't been on our side since the day they killed my father. Took them four and a half hours to come to my house to tell my mother, my mother, whether my father was dead or alive. They covered up the murder of my father, helped pretty much set it up. It's, it's, it's shameful, it's shameful. I think the FBI is worse than the Mafia. They're the most organized crime family on the planet, who can do whatever they want, change the laws when they want, and they're not to be screwed with, to be honest with you. We've seen that first-hand. Woman: Tell us what it was like to be on the stand today and look into Whitey Bulger's eyes. Well, I looked right at him, but of course he wouldn't look at me, so as far as I'm concerned, he's a coward. He can kill people and not look the victims in the face, that's a coward. That's a coward. You've been saying you're getting more answers from his defense team... I am, I am. And then Jay Carney comes up, and he asks you questions that are really meant to benefit Whitey. Does that put you in a strange position? The questions that Carney was asking my mother, those are questions the government should be asking my mother. Did you notice the government stood up and blocked every question they asked. They don't want us to know anything. It was blunt, right there. Carney was asking questions to help us, and we were getting blocked by the prosecution. Where do we go here, folks? Kelly: In the early 90s, when Fred and I first started working on this case, it was strange to us, to say the least, that this individual, Bulger, had been allowed to run amok in the city of Boston for so long. We suspected, as did many other people in law enforcement, that Bulger had some relationship with the FBI that was... He was using to prevent prosecution of himself. It was in that atmosphere that we began the case, and targeted him. And we worked with Tom Foley, also Tom Duffy from the state police, who were very savvy investigators. So what we decided to do was follow the money, and we started targeting a bottom line bookmaker with some of the informants that we had. We put up a bunch of wiretaps, and we started climbing up these bookmakers' organizations. We went from low to mid, up to the higher level bookmaker, until we actually had the highest level, where that bookmaker was doing the hand-off to Bulger and Flemmi as far as payments go. It took Brian and I about four or five years to get there. By 1995, we had our first racketeering indictment. Back then, Fred took a lot of hits over the years, and we had the courage to go up against the system, Brian Kelly too. There was many, right inside the US Attorney's office, that were in denial, didn't want to see this come forward. And they said, "Well, we're going to wait, we'll do a joint investigation with the FBI." And I knew at that time that this was another stall tactic. And I told them that, I said, "Okay, if that's the way you want to go, but the state police's position publicly will be you had the opportunity to indict him and you didn't indict him." So, they went back and they had another huddle with the US Attorney, and they said, "Okay, the indictment, we will indict him." But they insisted that the FBI participate in the arrest. So state police targeted Flemmi. The FBI said they'll take Bulger. And then one night on January 5th, we found Flemmi, and we arrested him on the streets of Boston. And we arrested that same weekend, John Martorano down in Florida. And we notified the FBl, "Okay, grab Bulger." And, uh... that was the end of that. They never had Bulger, didn't know where he was. And it was 16 years later before we saw James Whitey Bulger again. We expected that he was tipped off, and we found out later that that's what actually had happened. One of the FBI agents in Boston told John Connolly that the indictments were coming down, and he passed the information along to Bulger. After months of sitting in jail, Stephen Flemmi realized the FBI and John Connolly were not coming to his rescue, and he and he decided to out himself and Bulger's FBI informants. I'll never forget, when he said he was an informant. I went up to visit him the next day, or a day later, I said to him, I go, "Stevie, you're an informant, you've been giving everybody up." And he said to me, "Why should I do another day with all the information I've given them people." I looked at him. Now I'm like, "Okay, you know, what's his next step?" You know, who's he got left to give up? And he looked at me, he said, "Well, we never said anything about you." So I was on the phone talking to him through the glass. I took the phone and hung it up, and I stood up, and I looked at him. I says, "You couldn't say anything about me." I says, "Everything I did, I did with you." I says, "You couldn't give me up without giving yourself up." Carney: Did you have any idea that Flemmi was an informant until he revealed it in a court hearing in 1999? Bulger: I didn't know that Stevie did that there, I had no idea. And when I heard it, I was shocked. I mean, Stevie was like my brother. I mean, I was so close to him. He fooled me, he fooled the Mafia, he fooled Johnny, everybody. I mean, I was shocked. I never believed he would ever do anything like that. Did you ever have an instance where Stevie provided some information in your presence? One time John Connolly asked him a question and Stevie answered, he gave a name. When I heard that I brought the thing to a close, and I told Steve, "C'mon, let's go." And I start hollering at him as we went down the stairs, I told him, "What the fuck did you do that for?" I says, "We're paying, we're not saying. We're buying, we're not selling." Brennan: When Stephen Flemmi came out and said he was an informant and was granted immunity, the government wanted to shut him up, and John Connolly made the mistake of coming in and taking Steve Flemmi's side and saying, "We did give him immunity. The entire D.O.J. did it, you knew we were doing it, that's what you told us to do. You paid us to do it, you gave us bonuses to do it." At that point, the federal government was either going to have to expose all the corruptness in the federal government, all the murders, or they have to say that John Connolly is a liar. Man: John wouldn't play ball with the prosecutors. They then focused on John. "Oh, okay, you don't want to play ball with us, we'll show you." And they then started looking at John, and made a case against John. The government decided that the person they really needed to get is Connolly, that's the case they're trying to make. So John Martorano who had never met John Connolly, never met him, goes to them and says, "I can link John Connolly to the Wheeler murder. And I can link John Connolly to the Callahan murder." Man: The defendant John Connolly, he's just another member of the gang. They pay him money, he gives them information. English: They arrive at the conclusion that Martorano is gold as a witness and that he can single-handedly help us put away John Connolly and maybe Jimmy Bulger if Jimmy Bulger ever turns up. Man: Who did you believe you were going to be protecting, by killing Callahan? I was protecting myself, Whitey Bulger, Stevie Flemmi, and John Connolly. McDonald: They need John Connolly to be the scapegoat. They've got to have Connolly as the corrupt agent, with respect to all of what went on in Boston, with respect to the top echelon informant program, they have to have someone to blame. Why are you prosecuting Connolly for the Callahan murder, when you know the killer is Martorano, the guy who actually pulled the trigger, for Pete's sake. But they convicted John Connolly, and then he was sentenced for 40 years. Kelly: Martorano's plea agreement has been roundly criticized for good reason. Most people think he should have gotten more than 12 years, and we're no exception to that view. He is in fact a ruthless killer, but at the time we had no evidence of his killing. And when he pled guilty he not only got more time, but he also led to a series of events, he made cooperation fashionable. Man: Mr. Weeks, if you will come forward, please. I was arrested November 17, '99 and they were telling me what it came down to, make it really quick and simple, is that it's a race. It's either you or Stevie, and you're going to get the last seat on the bus, but whichever one of youse get up there first to make a deal with the government is going to get the best deal. You know, what's Stevie gonna do? Stevie's gonna give me up, and say it was Kevin, and it was this one and it was that one that killed all these people, it wasn't us. You know, here's the bodies. That's where they put them and stuff. I said no, there's no way I'm taking it up the ass for them. So I made the deal first. I figured you can't rat on a rat. Kelly: Kevin Weeks, his plea was a critical turning point in this case because he literally led us to the bodies, he brought us to the burial grounds where we saw for ourselves Bulger's handiwork. Carney: Kevin Weeks, five murders, he does five years. John Martorano, for 20 murders he got a sentence of 12 years, plus they let him keep money, keep property. They got him a waiver of the death penalty in Oklahoma, and a waiver of the death penalty in Florida. They paid his commissary fees while he was in prison, and when he got out, gave him a $20,000 check. Man: A quarter of a million dollar advance for selling the movie rights to his life story, $110,000 or something advance for the book he co-wrote. - Man 2: The state calls John Morris. - Man 3: John Morris, please. I would say the most scandalous deal that the government made was with one of their own and that was John Morris, who was John Connolly's equally corrupt supervisor, and who got people killed, and he got no time, nothing. John had told me that these guys really like you and if you ever needed anything to just ask. Man: John Morris is corrupt an FBI official as one could possibly be, not a minute in jail. He's a wine consultant now. I didn't want what happened to me to happen to other agents. Mr. Flemmi, if you'll stand up and raise your right hand, Linda will swear you in. Flemmi wound up making his deal when it was really too late to get a good deal, so he wound up getting a life sentence, and now he's become kind of a professional witness for the government, and he's just a windup doll who says what he believes he needs to say so that the government will give him better accommodations in prison, they'll do little things for him that will make the fact that he's spending the rest of his life in prison a little more comfortable. He's a pathetic creation of the system at this point. Carney: Do you see the defendant Mr. Connolly in the courtroom? I see him, yes. Good-looking gentleman, he's got a nice haircut. I know him very well. English: These guys, they're all violating the gangster code. They all became some version of a rat by testifying against people. They've all had to reconcile it in their conscience why they did this and they've all created their little stories, their own internal fictions, of why they've had to do what they do. Davis: The state of Massachusetts has got more rats in it. It's like an infested rat hole. The Irish mob, every one of them, They were stumbling over each other just to rat. They walk around talking big, tough guy shit, and they're fucking rats. The federal court right here, doesn't it look like a mouse hole? (laughing) - Man: Good for rats, right? - Yeah. That's where all the rats go. Woman: It was a tense reunion 18 years in the making. Finally, James Whitey Bulger and his partner Stephen "The Rifleman" Flemmi were reunited as Flemmi took the stand against Bulger. Man: Stephen Flemmi is considered to be the most critical witness in this case. Woman 2: In rapid-fire succession, Flemmi described Bulger's alleged role in a string of killings during the 1970s when both men were leaders of the Winter Hill gang. Boeri: Flemmi is under pressure, they're talking about women. Bulger is charged with strangling Deborah Hussey and Debbie Davis. The defense is trying to suggest in fact, it was Flemmi. Woman: Hank Brennan grilled the government witness on his sexual relationship with his then girlfriend's teenage daughter Deborah Hussey. Woman 2: Flemmi said Deborah Hussey turned into a drug user and an embarrassment, so they had to kill her. Man: At Bulger's trial Friday, Flemmi said Bulger murdered Flemmi's girlfriend Deborah Davis after the two men decided she knew too much. Woman: Flemmi claims Bulger decided Davis had to be killed. "I couldn't do it," Flemmi testified. He said Bulger said, "I'll take care of it, I'll do it." He grabbed her around the throat, and strangled her. Davis: My sister, Debbie, she dated Steve Flemmi for over nine years. He gave her cars, apartments, furniture, jewelry, but he would never give her cash. You know, he would give her five, 10 bucks a day, and... Cheap prick. She loved him, she did love him. But at one point she wanted to get married, she wanted kids. My sister wanted kids, and it was just a rocky road from then on. She said, "I'm leaving him, I'm leaving Steve." And I think Whitey would've taken that as a threat. You know, her taking secrets or whatever with her. Man: Flemmi became more and more defensive, and more and more resistant to the questions as Hank Brennan just cut into him. Brennan: Were you combining the two different versions in your testimony in front of this jury to make amends for your inconsistencies, Mr. Flemmi? Flemmi: No, it was just probably an inadvertent mistake on my part. Brennan: Another inadvertent mistake on this case? Man: Flemmi is a well-rehearsed witness now because he's testified in three trials and three civil proceedings. In one court he says that Bulger strangled her with a rope. In another proceeding he said he strangled her with his hands. And then, in a third proceeding, he said he thought that Bulger had her in a headlock. So, at the end of the day, the inconsistencies, yes, they're there, but do they stop Bulger from being convicted? It certainly does not look like that is significant enough to do that. Carney: Two of the charges against you, Jim, are that you were involved in the murder of Deborah Hussey and Debbie Davis. Did you have any involvement in those two cases at all? Bulger: No way. Those were Stevie's girlfriends. That's his problem. It had nothing to do with me, nothing. Carney: Do you feel he was fully capable of committing these by himself? Bulger: Christ. When one of the guys asked him something about a murder, he says, well, he's been involved in so fucking many murders he has to say to the guy "Well, show me the list." He needed a list to show him what murder you're talking about. I mean, this guy he is... I think he's insane, myself, Stevie. In the court he's glaring at me and I'm looking at him thinking, "Christ, Stevie, you're looking at me. I never said a word against you. I'm the injured party." But he was like a puppet for Wyshak, you know. Cullen: Whitey Bulger cannot have people think he murdered those two women. And he cannot have people think he was an informant. This is not about getting acquitted, this is about changing the narrative back to the one he spent years cultivating. And that narrative is he is a good bad guy. He is a gangster with scruples. He is a criminal with standards. And gangsters with scruples do not murder women and bury them in shallow graves. And criminals with standards don't turn on their friends. (sirens wailing) Woman: Today could end up being an extremely interesting day at the trial of James Whitey Bulger. Woman 2: The big question is whether or not Whitey himself will take the stand. Man: Will James Whitey Bulger take the stand? Everybody's waiting on bated breath to find out. Man 2: My prediction is he will testify. He looks so bad if he doesn't. Today's a big day at the end of the case, and I want to let him know that we're with him and behind him no matter what decision he makes. If he wants to testify, then we're 100 percent behind it. If he doesn't, then I totally understand as well. Boeri: The defense was hoping to present a defense of immunity, that Bulger had been given immunity by the former US Attorney. But before the trial they got the answer from this judge. No, they couldn't, they were stripped of that defense. It's an interesting argument, but it is somewhat convenient to make the argument because Jeremiah T. O'Sullivan is dead. And there is no written evidence that we've seen. Man: In courtroom 11, a moment of high drama. Whitey's lawyer stood up and said, "The defense rests." Woman: Carney says Bulger will not take the stand. Man 2: When the judge asked if he made that choice voluntarily, he stunned everyone. Man 3: "I'm making the choice involuntarily," Bulger said. Woman: Because I feel that I've been choked off from having an opportunity to give an adequate defense and explain about my conversation and agreement with Jeremiah O'Sullivan. Man 4: For my protection of his life, in return he promised to give me immunity." Woman: And as Judge Casper said, she already ruled Bulger's immunity claim was inadmissible, he said defiantly, Man 5: "As far as I'm concerned, I didn't get a fair trial and this is a sham." Man 6: "And do what youse want with me. That's it. That's my final word." Woman: At that point, Patricia Donahue rose from her seat, and yelled, "You're a coward." I yelled out, "You're a coward," because that's what he is. This man first claims that he has immunity, which he thinks gives him the right to kill all these people. And now he blames an unfair trial on the Department of Justice. Yet he won't get on the stand and tell all. If you think that the government has done wrong by you, then get up there and talk about it. No comments. - How do you feel about your chances? - No comment. Kelly: At the end of the day, Bulger's immunity claim was a ridiculous claim and when he was given the chance to present it, he didn't. His immunity claims were part of his game of let's pretend. Let's pretend I'm going to testify. Let's pretend I have a license to kill. Let's pretend I'm not an informant. Brennan: So many people have the opinion that, the idea of whether he was an informant or not is irrelevant, and yet this is the central issue in this case. The reason why the informant status is important is for a couple of reasons. One, the government has an impression to try and create for the public, they want to present a theory of minimal amount of corruption that is quarantined with John Connolly, based on a rogue agent theory and an improper handler who formed a relationship with James Bulger. That's what they've been trying to do for decades in every litigation they've had. It's not true. The truth is that James Bulger was not an informant. And the reason why it's dangerous for the Department of Justice to recognize the fact that he wasn't an informant is that if Mr. Bulger was just paying a dozen people on the FBl, as he was, and headquarters didn't do anything about it, and the supervision wasn't there, and they didn't do the yearly reports, they didn't do the yearly reviews, it then calls into question all the affidavits that he's on. It calls into question all the convictions they had. Think about the implications. Think about what happened in the 1980s. The crown jewel of the Department of Justice was to get the Italian Mafia. They wanted to infiltrate the headquarters of the Angiulo's on Prince Street in the north end. They needed affidavits, And what did they do? They used James Bulger's name even though we now know that he didn't give them any information. Their own witnesses will admit that he was simply added on to search warrants and affidavits as a courtesy to John Connolly. So what would happen when the federal government admits that he wasn't part of these search warrants? Every attorney who represented every mobster would sue the federal government. They lose all their convictions, they lose all the jail time, and all the sentences. All these accolades that attorneys and lawyers and FBI agents earned, their reputations they earned, would be gone. They're not going to give that up, and probably most importantly, is the civil liability to the families. That's why you have this resounding unrest with the with the families. They've lost loved ones and at some point there has to be closure. They are entitled to closure as citizens. This government will give them no closure because they have this pretense they have to keep for their own image that James Bulger is an informant rather than saying we sanctioned this, not just with James Bulger, we sanctioned organized crime figures to go out and kill. And we protected them and we did it before, we did it here, and we're going to do it again, we have done it again. They can't admit that. So these families suffer over and over and over again with never getting the answer. Are they going to overturn convictions and let everybody go? Are they going to be civilly liable for their lies? Are they going to prosecute themselves? It's never going to happen. So he has to be an informant. Woman: Prosecutors and defense attorneys for Boston mobster James Whitey Bulger get their last chances today to try to persuade jurors in Bulger's murder and racketeering trial. WBUR's David Boeri joins us this morning. Good morning. Good morning, Deb. Okay, now both sides get three hours to sum up their cases. What are they going to do with all that time? An extraordinary amount of time, that's for sure. And, as a matter of fact, the government said it needed more time. Wyshak: James Bulger is one of the most vicious, violent, and calculating criminals ever to walk the streets of Boston. It doesn't matter whether or not Mr. Bulger was an FBI informant. Whether he's an FBI informant or not, he's guilty of murder. Carney: There are three witnesses to the murders, Martorano, Weeks, Flemmi. What I submit to you is the critical issue in this case, whether you can believe Martorano, Weeks, and Flemmi beyond a reasonable doubt. Wyshak: This trial is not about whether or not the FBI in Boston was a mess. It's not a referendum on whether or not Kevin Weeks and John Martorano should be spending the rest of their lives in jail. It's about whether or not the defendant is guilty of the crimes charged in the indictment. He's the one on trial here, not the government, not the FBl, James Bulger. Brennan: We think about our government as this institution, this faceless organization. Our government is not them, our government is us. At what point as citizens do we say, "You know what, there has to be accountability?" You tell them that. Boeri: I've been on this story for so long, and I've never seen such depravity in a courtroom. We have a situation where an institution of the government decided that in order to achieve a goal, which was questionable at best, they decided who was going to live, and they decided who was going to die. And they empowered those people that were carrying out terror, they empowered them, they gave them the run of the city. That was lawlessness by the government. That is what we can never forget, and that's why... That's why I'm proud to have done this story. Because it's just, it's something you can't forget. And memory is really important. You know, memory is a political act, and I think as reporters you got to keep the memory, even if other people aren't. Woman: The United States v. James J. Bulger is over. Man: This trial's been going on for two months. This jury has been deliberating the last five days. Woman: The jury has made a decision in this case and we are waiting to see exactly what it is. Man: Whitey Bulger faces possible maximum life in prison, we say the caveat, this man is 83 years of age. Woman 2: Bulger is standing right now in the courtroom as he hears the words to count one for racketeering conspiracy: guilty. Woman 3: For count two, we're just waiting here for word out of the courtroom, that it is a guilty verdict as well on count two. Now within the second one were all of these acts, that include all of the acts of murder. Racketeering act number one, that was not proven. Man: For racketeering act number two we're hearing that is not proved. Racketeering act number three, not proved. Number four, not proved. Five, not proved. Woman: Narcotics distribution conspiracy. Man 2: That is proved. Woman: The extortion of Stephen Stippo Rakes and Julie Rakes. Man: We're waiting on this. That is proved. Man 2: The conspiracy to murder Roger Wheeler: proved. Man 3: The murder of John Callahan is also proved. Man 4: Next the murder of Brian Halloran: proved. Woman: Then we have the murder of Michael Donahue. Man: Proved. Murder of Deborah Hussey. Man 2: Proved. Woman: The next one, very important for Stephen Davis, the murder of Deborah Davis, no finding. Man: Whitey Bulger was convicted on 31 out of 32 counts of racketeering, conspiracy, murder, extortion, and other charges. Woman: But the jury found that the government only proved the murders of 11 of Bulger's 19 alleged victims. Alright, let's just do the jury convicted Bulger of... It's 31, they acquitted him of one count. With the conviction of James Bulger, we hope that we stand here today to mark the end of an era that was very ugly in Boston's history. English: As theater, the trial delivered, but ultimately it was a disappointment to me. Those of us journalists, interested parties who've been following the Bulger story for decades, we kind of hoped this trial would be a final accounting of the Bulger era, of all the things that made Bulger possible. I think it fell far short in that regard. This case let people know that no matter how politically connected one is, or how one may have ins with law enforcement, it doesn't stop us from prosecuting you. And, in fact, Bulger's reign of terror was only brought to an end because they were honest members of law enforcement who persisted, and who were not deterred by less than honest members of law enforcement. And as a result, an awful and evil man is going to jail for the rest of his life. Bulger: Jesus Christ almighty, this is baloney and that's why I says "This is a sham trial." I think the feds have the green light, nobody ever checks on them, the media is not there, like they would like the public to believe they are. These reporters are hand fed stuff from FBI agents, then they write crime stories. They write books and everything else, they're hand and fist with them. The one thing they all know is it works. It works, it gets convictions. There's no lessons learned. You can't get a fair trial, you can't get a fair hearing. This system here, it isn't gonna change, it isn't gonna change, it'll never change. Whitey Bulger is a vicious, venal murderer. But he was enabled by the FBI. And the FBI was enabled by the Justice Department. And to this day, the Justice Department, as far as I'm concerned, was engaged in a cover-up to minimize the extent of FBI corruption. There were a dozen guys you could have made cases against. The idea that John Connolly is the only guy convicted in this, is a joke. To know that this is how you're treated as an American citizen, when FBI agents protect killers and come and take your loved one's life. You could be sitting here. Don't you want to know what really went on? Why they really did it? Weeks: If everybody told the truth, everything would come together. But everybody fashions things to benefit themselves, which is, which is natural, I guess. But everybody is trying to twist the story a little bit. No one's really going to know the truth until everybody starts telling the truth. That's what it comes down to. People are going to have to come to their own conclusions. You know, there's going to be people out there that believe that Jim Bulger was an informant. There's going to be people on the other side that say he wasn't an informant. People are going to say he didn't murder women. Other people will say he did murder women. So the true story will never be known. Today was a good day for a lot of families, but today also wasn't a good day for a lot of families. My heart goes out to them and I would like to do a cheers for them, and we will not forget you. (applause) One person who should be here, how about we give a nice cheers to Stevie Rakes. Rakes: Yes, I hold the FBI responsible. Good God, they protected this man, now, you know, years later we find out everything that he's been doing and getting away with it. Listen, it takes a, it takes a village to raise a child. For all the destruction that this Bulger and Flemmi have done, it would take a battalion to cover it up. So where are they all? |
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