Defending ''Whitey''

Now that authorities no longer have to question Bulger's whereabouts, several new questions have surfaced. First of all, with the publicity surrounding Bulger's alleged crimes, disappearance, and arrest, is it really possible for him to get a fair trial in Boston? Also, does Bulger have the right to a public attorney if the government has seized his assets? And finally, will the Bulger case turn into a case of racketeering allegations against Boston law authorities if the mob boss decides to start talking?

First let's look at the issue of a fair trial. Through both Bulger and his brother, William, who served as the leader of the Massachusetts Senate for 17 years, many Bostonians have some sort of connection to the family, whether directly or indirectly. That alone could create a difficult situation in regards to selecting an unbiased jury. Furthermore, although it is entirely possible that there are some younger adults who did not pay attention to Bulger's story in 1995 when he fled, there have been a number of books written on the subject since then. Furthermore, it is no secret that the 2006 Oscar- winning Martin Scorsese film, ''The Departed'' is based on Bulger's story. And of course, there is the ongoing media coverage since the arrest of Bulger and Greig, which will surely make the task of finding an impartial jury very difficult. Anybody who did not know the name of James ''Whitey'' Bulger prior to his capture is sure to recognize it now.

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The matter of assigning a public attorney to Bulger arose last Friday, when Attorney Peter Krupp was assigned to represent Bulger at the Boston courthouse. Bulger, however, requested a public defender. When asked by Magistrate Judge Marianne Bowler if he could afford the cost of legal counsel, Bulger asserted that he could if the $800,000 that was confiscated from his apartment at the time of his arrest was returned to him. The government intends to seize the money and the 30 weapons that were found in Bulger's apartment last week, thus giving Bulger the opportunity to claim that he cannot afford his own counsel. However, prosecutors see the situation differently. ''We feel that he has access to cash,'' said prosecutor Brian Kelly. The government further argued that Bulger has access to money through ''family resources.'' So for now, another question remains unanswered, at least for a week or so. In the meantime, Magistrate Judge Leo T. Sorokin will look into the question of Bulger's defense and whether he is entitled to public counsel.

In 2002, former FBI Agent John Connolly Jr. was convicted of racketeering for safeguarding both Bulger and his ally Stephen ''The Rifleman'' Flemmi, who also happened to be an FBI informant. With Bulger in custody, many are asking whether more corruption from the past will be exposed. Bulger's cohort, Kevin Weeks, has said that Bulger was proud of his record of corrupting six FBI agents and more than 20 police officers in Boston. Through a number of hearings in the 1990's, it was discovered that more than twelve FBI agents were involved in related violations. According to investigators who were involved in the racketeering indictment against Bulger in 1995, he could potentially embarrass local, state, and federal legal authorities if he decides to make a deal with prosecutors and start talking. ''I think he'll start talking and taking people down,'' said Edward J. MacKenzie Jr., a former associate of Bulger's.

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Bulger jumped ship in 1995 when Connolly notified him that he was going to be indicted for crimes committed from the 1970's to the 1990's. Bulger had previously served as an FBI informant, providing authorities with information about the New England Mob, a rival gang. After Bulger fled, the FBI faced heavy criticism for its friendly relationship with Bulger, despite having knowledge of his crimes. As the years passed and Bulger remained on the lam, many asserted that the FBI was not actively looking for the fugitive that had served them as an informant.

Now that Bulger is in custody, only time will tell how the case will play out and what unforeseen issues will be brought to the forefront.