Bulger prosecution: Murder charges the priority
But in court appearance Tuesday in a Boston, the government announced it only wants to try him for one thing: murder.
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Bulger is accused of killing 19 people, David Robichaud of the CBS station WBZ, reported from Boston.
Patricia Donahue, the wife of one of Bulger's alleged victims, told CBS News, "I was thinking that he looks good in orange."
Donohue's husband, Mike, was shot in 1982 while driving a friend, who was believed to be Bulger's intended target.
Inside the courthouse, U.S. Attorney Carmen Ortiz asked the judge to drop the 1994 racketeering charges that caused Bulger to flee and instead focus on the murder charges, saying, "The 19 families of murder victims have been denied justice for many years because the defendant has successfully eluded law enforcement apprehension."
Mike Donahue's youngest son, Thomas, who was just 8 years old when his father was killed, said he supports the government's decision to streamline the prosecution of the 81-year-old alleged gangster.
Thomas Donahue said, "If he was a younger man I wouldn't want anything to be dropped on this guy. But he's an old man, time's not on our side. I think it's a good idea to fast-track it."
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The judge then cancelled the remainder of the court hearing to give Bulger's defense a chance to object to the dismissal of the charges.
Former federal prosecutor Allison Burroughs said of the situation, "From a tactical perspective, I think it was a brilliant decision. The charges are more recent, the witnesses are better under the government control, and there's fewer legal issues with the 1999 case."
Left unaddressed was the issue of whether Bulger can afford an attorney or needs to be appointed a public defender. He's expected back in court on Thursday.
Bulger's alleged accomplice, longtime girlfriend Catherine Greig, was scheduled to be in court today. Her attorney has asked for a delay until July 11th.
On "The Early Show," high-profile defense attorney Gerald Shargel, who has represented both John Gotti and Sammy "The Bull" Gravano, said Bulger probably won't have any trouble finding a lawyer, due to the high-profile nature of the case.
Shargel said, "I think that the judge is proceeding very carefully here, but the bottom line is this: A defendant who claims he is unable to afford a lawyer is given an opportunity to fill out a financial statement, swear to its contents and, unless the judge has specific evidence to the contrary, he'll appoint a lawyer."
"Early Show" co-anchor Chris Wragge asked why prosecutors want some charges to be dropped, particularly in light of reports that the murder cases weren't as strong as charges of extortion and others.
Shargel said it's not the question of a better case against Bulger.
"I know it was reported this morning that the lawyers thought that the government was forum-shopping, so that leads me to believe there must be two different judges (for the two cases.) It may well be that that's an issue in the case, and the government's trying to control which judge it goes to."
Bulger's defense, Shargel said, is too early to predict, but right now, he said, a defense lawyer is gathering the facts, trying to find weaknesses in the government's case and see where the opportunities lie.
However, Shargel said, an opportunity in the case will not be the possibility of a plea deal, particularly because Bulger's arrest threatens to bring up old scandals for the Boston FBI and others.
"Given the history it's highly unlikely," Shargel explained. "The history of corruption with the FBI would not make him an attractive source or witness for the government. I think this case is destined for trial."
As for Greig, Bulger's longtime girlfriend who was allegedly on the run with him for 16 years, Shargel said she may have a defense.
"I heard reports that she may mount a coercion defense," Shargel said. "That's somewhat difficult, because a coercion defense requires that the person allegedly coerced go to the police at the earliest opportunity to resolve the problem. But she has far more flexibility. 'Whitey' Bulger is 81 years old, so the proposition or the possibility of a plea bargain is unlikely because any sentence is virtually a death sentence."
But could Greig have a chance with that defense?
Shargel said, "I don't know if that passes the giggle test."
Federal investigators, Wragge noted, also found Bulger's two cell phones. Wragge asked if it's possible that the information obtained from those phones could lead to other people who allegedly aided and abetted Bulger over the years.
"It could," Shargel said. "The cell phone information may be relevant, may lead to the prosecution of other people. In order to commit the crime of harboring a fugitive, you have to take affirmative action to aid the fugitive and just merely talking to the fugitive does not violate the law."