Defense attorney: Bulger was never an FBI informant - Boston News, Weather, Sports | FOX 25 | MyFoxBoston

Defense attorney: Bulger was never an FBI informant

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BOSTON ( -- A federal prosecutor has told a Massachusetts judge that any immunity agreement reputed gangster James "Whitey" Bulger claims he had with the government would be "void as a matter of law" if it included murder.

Bulger's lawyer argued that only jurors, not a judge, should be allowed to decide if Bulger's immunity claim is valid.

Both sides presented arguments Wednesday to Judge Richard Stearns, who is scheduled to preside at Bulger's trial in June.

Bulger's attorney J.W. Carney said Bulger was never an FBI informant. "Too many people were drinking FBI Kool-Aid," said Carney.

Bulger, the former leader of the Winter Hill Gang, is awaiting trial in a sweeping racketeering indictment accusing him of participating in 19 murders. He had claimed former federal prosecutor Jeremiah O'Sullivan gave him immunity for his crimes. O'Sullivan died in 2009.

Bulger, 83, fled Boston in 1994 and was one of the FBI's most wanted fugitives until he was captured in Santa Monica, Calif., in 2011.

His lawyers had sought to use his immunity claim as a defense at his murder trial.

Stearns didn't indicate when he would rule. The matter was continued for two weeks.

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