Weinberg on Bulger Case

Bulger Guilty in Gangland Crimes, Including Murder

James (Whitey) Bulger, the mobster who terrorized South Boston in the 1970s and ’80s as leader of the Winter Hill Gang, faces a sentence of life in prison.

By KATHARINE Q. SEELYE | The New York Times | August 12, 2013

… "The verdict reflects a jury methodically navigating through the charges," said Martin Weinberg, a prominent criminal defense lawyer in Boston. Read more

Bulger jury to resume deliberations on Monday

By Shelley Murphy and Milton J. Valencia | GLOBE STAFF AUGUST 09, 2013 

As jurors weighing the fate of James “Whitey” Bulger were sent home Friday after deliberating for four days without reaching a verdict, legal observers said that lengthy deliberations are common in complex racketeering cases and that it is impossible to discern whether the jury is divided or just being diligent.

… Boston criminal defense lawyer Martin G. Weinberg said the jury could be acting methodically on some charges and disagreeing on others.

“We all know that we don’t know . . . how individual groups of 12 digest weeks of testimony, and that’s the genius of the American judicial system,” he said. “The jury is doing Boston proud and giving Mr. Bulger the fairest of fair trials.” Read more 

Case likely won't hinge on Bulger decision

By Milton J. Valencia and John R. Ellement | GLOBE STAFF AUGUST 02, 2013 

… Weymouth and Boston defense attorney Martin G. Weinberg also said that in choosing not to testify, Bulger insulated himself from what would have likely been a ferocious cross-examination by Assistant US Attorney Fred Wyshak, who has pursued Bulger since 1995. …

Weinberg also said Bulger would have been forced to answer in detail every criminal allegation he faced, including his alleged roles in the two murders Bulger insists he had no role in, the killings of Deborah Hussey and Debra Davis.

“I think it was the one wise thing he did during the trial – not expose himself to being cross-examined by a very experienced prosecutor who has prepared for this day for two decades,’’ Weinberg said, referring to Wyshak. Read more 

As Bulger's defense begins: Will he testify?

July 29, 2013
By DENISE LAVOIE, Associated Press

… Boston attorney Martin Weinberg said because Bulger's lawyers have admitted to some charges, he is likely to be convicted of enough counts to keep him in prison for the rest of his life.

"He's going to have a narrower set of objectives," Weinberg said. "It makes it more likely for him to testify if his objectives are something other than a complete acquittal because he can admit to things that other defendants couldn't and attempt to persuade a jury that, 'You heard what I admitted to, please respect those specific areas as to which I deny guilt.'" Read more  

… “Racketeering gives the government a unique advantage to package different types of crimes that otherwise could not be charged together,” said Martin Weinberg, a prominent Boston criminal defense attorney. Read more

Defense team tackles high-stakes case with zeal

By Milton J. Valencia | GLOBE STAFF JUNE 2, 2013 

… “I think they’re prepping for a Super Bowl trial, where the pressure is on a defense lawyer to stand alone between a charged citizen who has enormous toxic press, and the government, which is relentlessly committed to his conviction,” said Martin Weinberg, who has defended high-profile clients, and who has often won acquittals such as the successful defense two years ago of financial consultant Richard Vitale in a political corruption case. Read more

Silence from 1st Circuit doesn’t bode well for Bulger

 

Defense lawyer seeks to end statements of case

By David E. Frank
Massachusetts Lawyers Weekly, masslawyersweekly.com
December 27, 2012

A Boston defense attorney says he plans to use the indictment of a one-time associate of James “Whitey” Bulger to try to stop the widespread prosecutorial practice of filing “statements of the case” in uncontested bail hearings.

Martin G. Weinberg recently appeared before a Superior Court judge with a motion to impound what he called a “highly prejudicial and legally unprecedented” statement that Middlesex County prosecutor Stephen M. Gilpatric had submitted in the extortion case of ex-Winter Hill crime boss Howard Winter. …

“If this were a disputed motion to suppress or dismiss, they’d have the right to inform the court of their position. But to just routinely file these statements gives the prosecutors an unfair advantage and risks a defendant’s fair trial rights,” Weinberg said. “Particularly in an Internet age, once published, these articles remain available to jurors and potential jurors forever.” Read more

Whitey Bulger’s health could push back trial start date

By Laurel J. Sweet
www.bostonherald.com 
Tuesday, November 6, 2012

Legal experts were at odds yesterday over whether James “Whitey” Bulger’s weekend hospitalization will influence a federal judge’s decision to grant or deny the defense team’s request to put off his March trial another eight months. …

Martin Weinberg, a prominent Boston defense attorney, said the 83-year-old’s age, health and long-term solitary confinement are realities “that are going to need to be considered.” Read more

Lawyers, alleged victim’s kin
doubt Bulger’s immunity claim

Martin G. Weinberg, another Boston attorney who, like Cardinale, was involved in court proceedings in the 1990s that dealt with Bulger and an associate’s corrupt relationship with the FBI, was more measured in his response to the ­immunity claim.

“This is a step beyond the historic [legal] precedent” of such a defense, Weinberg said. “But all legal defenses begin with a single small step.”  Read more

  

Long Series of Trials Could Prove to Be Mobster’s Death Sentence

James (Whitey) Bulger’s long flight back from Los Angeles to Boston on Friday was only the beginning of a much longer journey, a legal odyssey that is likely to keep him in court for years. Unless Mr. Bulger, who is 81, bypasses the long court process with plea deals, the trials themselves could be a death sentence. …

Mr. Weinberg, the Boston defense lawyer, said that even in infamous cases, the presumption of innocence remains important. “He has not had the opportunity to confront one word of testimony in a court of law,” he said. “Part of the challenge for his defense lawyers is going to be to reverse 16 years of uniformly negative publicity.” Read more

 

 

Weinberg Reflects on DiMasi-Vitale Trial

Massachusetts Lawyers Weekly, June 23, 2011

By David E. Frank

Not surprisingly, Joseph Lally's last-minute decision to go from co-defendant to cooperating witness in the high-stakes public corruption trial of former House Speaker Salvatore F. DiMasi came as unwelcome news for Martin G. Weinberg and the rest of the defense team. Click here to read more: Massachusetts Lawyers Weekly_Attorney on DiMasi case reflects on trial.pdf

 

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Attorney on DiMasi-Vitale case reflects on trial

Tue, January 3, 2012 

By David E. Frank

Not surprisingly, Joseph Lally’s last-minute decision to go from co-defendant to cooperating witness in the high-stakes public corruption trial of former House Speaker Salvatore F. DiMasi came as unwelcome news for Martin G. Weinberg and the rest of the defense team.

After nearly two years of pre-trial preparation, the honest services fraud case against DiMasi, lobbyist Richard McDonough and Weinberg’s client — accountant and longtime DiMasi confidant Richard Vitale — would no longer hinge on inference and circumstantial evidence.

With Lally changing sides, now there would be direct testimony alleging that Vitale was actively involved in the scheme to award multi-million-dollar state software contracts to Burlington-based Cognos Corp., in exchange for illegal kickbacks.

Read more: Weinberg Reflects on DiMasi-Vitale Trial

Publications

Weinberg has written for and contributed to numerous magazines, newspapers, journals and reports:

Search & Seizure Commentary
By Martin G. Weinberg and Robert M. Goldstein
The Champion, June 2014, NACDL.org

Warshak 4 Years Later
The DOJ Continues to Fight the Warshak Court Requirement
0f a Warrant (Not a Subpoena) to Search and Seize Emails
Read more

Congress must act to give courts leeway for sick prisoners
Letters to the Editor, The Boston Globe | March 10, 2013
By Martin G. Weinberg

RE “IMPRISONED DiMasi weak with cancer, wife says” (Page A1, March 7): Congress has left federal judges without the statutory power on their own to remedy post-sentence medical problems such as those that occurred to former House speaker Salvatore DiMasi; instead, Congress has placed responsibility for responding to unforeseen but catastrophic medical events, such as DiMasi’s throat cancer, in the hands of the Bureau of Prisons. Read more

Bringing the Fourth Amendment
into the 21st century

Massachusetts Lawyers Weekly, www.masslawyersweekly.com
Thurs, December 20, 2012
By Martin G. Weinberg and Robert M. Goldstein

"Like a sealed or resealed first-class letter, or a document stored in a closed filing cabinet, an email stored on an ISP’s server is a closed container in which an individual has a strong, reasonable expectation of privacy, as the Sixth Circuit concluded in Warshak.

Consequently, in accord with more than a century of Supreme Court jurisprudence, emails stored withinan ISP server are entitled to all of the protections afforded by the Fourth Amendment’s imperatives of probable cause, particularization and a judicially authorized warrant."
Read more

Trial by Press Conference
Boston Business Journal, Business View opt-ed by Martin G. Weinberg. April 2012.

"Before prosecutors present a single witness in a federal or state courtroom, the community has formed a belief in the guilt or innocence … A cornerstone of our system of constitutional liberties is the presumption of innocence. Yet recent but widespread nationwide practices in federal and state cases — announcing indictments via press conferences … profoundly threaten the charged citizen's right to a fair trial …" Click here to read.

Sixth Circuit: SCA Unconstitutional to Extent
It Permits Warrantless Seizure of Emails
From ISP

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
March 2011. Click here to read.

The Stored Communications Act and Private E-mail Communications

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
August 2007. Click here to read.

Read more: Publications