Judge strikes down key part of defense in Whitey Bulger trial - KYTX CBS 19 Tyler Longview News Weather Sports

Judge strikes down key part of defense in Whitey Bulger trial

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(United States Marchsal Service) (United States Marchsal Service)

By Melissa Gray and Jason Kessler

Reputed former mob boss James "Whitey" Bulger did not have the right to commit more murders after striking an immunity deal with the FBI in the 1970s, a federal judge ruled Monday, knocking down a key part of Bulger's defense at his trial.

Bulger, the alleged former head of Boston's notorious Winter Hill gang, faces 19 murder charges, as well as charges including extortion, money-laundering and narcotics distribution.

The defense had initially moved to dismiss the case, saying Bulger was granted immunity by federal agents working to infiltrate Irish and Italian mobs in Boston three decades ago.

Judge Richard Stearns denied Bulger had "prospective immunity" -- that is, immunity to commit crimes made after his deal with the FBI.

Stearns left undecided whether Bulger had "historical immunity" for crimes committed before the deal. He gave both sides time to review evidence on that point.

Bulger's attorneys had also sought to have a jury decide on his immunity claim, arguing he would receive a fairer hearing, but Stearns refused.

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