Notes from Day 24 of the Whitey Bulger trial
Last week I traveled back to Boston to see Stephen Flemmi testify in the trial of James J. Bulger.
07/18/2013
Day 24 of the James J. Bulger Trial
Moakley Federal Courthouse, Boston MA.
4:45 am
I am #4 in line for the ten seats available to the public. There are two ladies and a gentleman ahead of me. They are already excitedly talking about the facts of the case. I ask if this is the first time any of them have attended a trial. All say yes. Another man and his daughter arrive. The man is wearing a long sleeve shirt and a blue sweater. It’s his second day attending and he tells me that the air conditioning inside is brutal.
5:45 am
There is an eleventh person hovering around us hoping to slide in.
6:00 am
We are let inside the courthouse lobby to wait. I am rather impressed with the metal detectors. They are custom incased in what appears to be very nice wood. Classiest security checkpoint I have ever seen.
6:30 am
There are now 32 people in line behind our group of the original ten. Two older women come up to the front of the line to say hello to the woman in the #1 spot. They ask her what time she arrived. She plays coy and won’t answer. One of the women asks all of us what time we got there. No one answers.
7:00 am
From the front I have a commanding view of the line as it get’s bigger. It’s now up to 46 people. The line is starting to block the main doors.
7:30 am
They’re about to start letting us in five at a time. My new friend Dee who holds the #1 spot tells me that it’s a free for all of people trying to get to the actual court room and get their name on the ten slot list. The first five of us get on the elevator. Dee is hitting the close door button frantically. We get up to the 5th floor courtroom 11 and get our names on the list. After signing in I see the #11 guy that was hovering earlier sprint out of the second crowd of people that are coming towards the list. He gets his name on it. Others are mad and complain to the bailiffs. The bailiff tells one woman, “what number you were downstairs is irrelevant the only thing that matters is getting your name on the list.”
8:25 am
We get into the courtroom. It is smaller than I expected. There is very little seating in general. The bailiff comes over and tells us not to speak or make any noise during the proceedings.
8:30 am
#11 guy sits right next to me. A few minutes later he pulls out a bunch of loose and bundled cash. He’s straightening out around $800 dollars. I know this because he is quietly counting it out. I ask him if he’s in an all cash business. He tells me “yeah, you know.” I ask him if this is his first trial. He tells me that this is the 9th day he’s attended this one but it’s the first time he’s been on this side of the courtroom, meaning that this is the first time he’s been to a trial that wasn’t his. I refrain from further questions.
8:40 am
Bulger attorney Hank Brennan enters the courtroom. Then murder victim Michael Donahue’s son Tommy Donahue and his mother Patricia enter.
8:45 am
James Bulger enters the courtroom and nods at a woman in a grey suit that is sitting on the bench reserved for Bulger family members. Bulger wears a black long sleeve shirt tucked into blue jeans with a brown belt and white converse high tops.
8:46 am
Jackie Bugler arrives and sits in front of me. Bulger Attorney Jay Carney then enters.
8:47 am
Federal Judge Denise J. Casper enters the courtroom.
8:50 am
There is an immediate side bar once things get going. White noise is played on speakers when there is a side bar discussion. When the side bar ends the white noise abruptly stops.
8:55 am
Recess is called. Steve Davis, brother of murder victim Debra Davis is now in the courtroom. Jay Carney’s daughter and two friends are seated at the bench reserved for the defense. Carney comes over and greets them.
9:05 am
#11 guy’s name is Steve. He tells me that yesterday’s testimony from a DNA specialist was so boring that he fell asleep. The bailiffs had to wake him up and asked him to leave.
9:10 am
There is a sketch artist in the corner of the courtroom. She peers over her sketch board with opera glasses to see.
9:25 am
Jury and the first witness enter. He is a marijuana trafficker named Lindholm that was extorted by Bulger.
9:35 am
Mr. Lindholm is sitting very forward in his seat. He is obviously very nervous. He is telling the court about smuggling Marijuana. He was operating out of Nantucket; buying property out there, antique cars, expensive artwork, etc. He says that by the early 90’s he was broke.
9:37 am
Side bar is called. Mr. Lindholm tries to relax by sitting all the way back in his chair. “He looks like a beaten man” Steve says to me. Lindholm does not look at Bulger. Lindholm tells how he was shaken down by Bulger, Flemmi and Jimmy Martorano. He tells how he would meet Martorano at the Aquarium to make the payments. I visualize the Aquarium and think to myself that maybe they met over by the penguins.
9:42 am
A new witness is called. John E. Drugan. State Police chemist. Very boring stuff.
9:52 am
Bulger constantly draws on a yellow legal pad.
10:00 am
The Judge calls a recess. The jury leaves. Hank Brennan comes over to Jackie Bulger and says a few words. The courtroom generally clears out. Bulger looks back at Jackie and Jackie gives him a so-so shaking gesture with his hands.
10:03 am
Stephen “The Rifleman” Flemmi enters the courtroom. Bulger does not look at him. Flemmi’s eyes lock onto Bulger and he waits for him to react. Bulger takes his time and then slightly glances over at Flemmi. A few moments later he takes an actual look at him. Flemmi stands in the box while a side bar is called and continues to stare at Bulger.
10:08 am
The side bar is still going on when suddenly Flemmi is taken off the stand and shackled before being led out. What the fuck!
10:10 am
Mr. Lindholm is brought back in and takes the stand again.
10:15 am
Jay Carney begins cross-examining Lindholm about his years as a successful drug trafficker. Carney gets Lindholm to estimate how much money he took in over the years. Lindholm takes out his phone and after using the calculator comes back with a gross number of “ maybe 12 million.” Carney asks him what his style of living was like. Lindholm responds “pretty good”. Jackie Bulger chuckles at this. Carney asks him how many antique cars he collected over the years. He states four. Carney asks how much they were worth. Lindholm says around 80 thousand each.
10:40
Lindholm is not cooperating too much. He asks Carney what year a certain law was enacted that would have affected his original sentencing. Carney is a little taken aback by the witness questioning him and humorously says, “I’ll ask the questions here.” He gets a few chuckles.
10:48 am
Another side bar. The jury is comprised of seven women and eleven men. Two African Americans, one Asian and fifteen Caucasians.
10:55 am
Carney is cross-examining Lindholm. He’s really putting him in a corner about having testified against a fellow prisoner. Carney is showing how he falsely testified against the defendant in a bombing case in 1990 that took the life of a Boston Police Officer.
11:25 am
Recess is called. The jury leaves. Prosecution is complaining about Carney’s use of transcripts from other trials.
11:37 am
Break is called.
12:00pm
Court re-adjourns. Lindholm is back to getting a beating from Carney. When Carney asks for a document back Lindholm hesitates and says he wants to hold onto it to refer to. Carney casts an odd look and moves on. Lindholm is really stumbling with his answers and taking too long to answer simple questions. At one point a few of the jury members laugh openly at one of his answers.
12:20 pm
Carney is destroying Lindholm. He’s coming off as majorly evasive. Carney asks him, “Did Mr. Bulger tell you he wanted you to come under his umbrella of protection?” Lindholm humorously responds, “the only person Mr. Bulger was protecting us from was him”. Chuckles from the courtroom.
12:35 pm
Prosecution takes over and asks Lindholm about being shook down at the Marconi club. Asks if “before the negotiations was a gun fired at close range to your head?” “Yes.” “Was a game of Russian roulette played with you?” “Yes.” “Did Mr. Bulger tell you that he would cut off your head?” “yes”
12:50 pm
Jury is excused for a short recess.
12:52 pm
Flemmi is back! Fred Wyshak starts the opening questions. Flemmi did two tours of Korea. Was discharged as a corporal. Flemmi talks about his brothers and then about first meeting Bulger. “What was the nature of your relationship?” “Strictly criminal.” How would you describe Mr. Bulger’s personality?” “Overbearing, forceful.”
12:20 pm
Court is called for the day. The jury leaves. Flemmi and Bulger are still in the courtroom and both standing amongst Bulger’s legal team. They have a quiet exchange. Flemmi shakes his head and says “no.” It feels like they are almost on good terms by the almost relaxed back and fourth. Flemmi is then lead out of the courtroom. Everyone I was amongst saw this go down but none of us could hear what they were really saying to each other. It did not come across as aggressive. I read the press coverage an hour and a half later and find that they were engaged in some lo-fi offensive remarks
Sketch artist’s rendition of Flemmi from this day’s testimony.
The Courtroom.
I was sitting here.