Whitey: United States of America v. James J. Bulger Page #12

as Flemmi took the stand

against Bulger.

Man:
Stephen Flemmi is considered to

be the most critical witness in this case.

Woman 2:
In rapid-fire succession,

Flemmi described Bulger's

alleged role in a string of killings

during the 1970s

when both men were leaders

of the Winter Hill gang.

Boeri:
Flemmi is under pressure,

they're talking about women.

Bulger is charged with strangling

Deborah Hussey and Debbie Davis.

The defense is trying to suggest

in fact, it was Flemmi.

Woman:
Hank Brennan grilled

the government witness

on his sexual relationship with his

then girlfriend's teenage daughter

Deborah Hussey.

Woman 2:
Flemmi said Deborah Hussey

turned into a drug user

and an embarrassment,

so they had to kill her.

Man:
At Bulger's trial Friday,

Flemmi said Bulger murdered

Flemmi's girlfriend Deborah Davis

after the two men decided

she knew too much.

Woman:
Flemmi claims Bulger

decided Davis had to be killed.

"I couldn't do it," Flemmi testified.

He said Bulger said,

"I'll take care of it, I'll do it."

He grabbed her around the throat,

and strangled her.

Davis:
My sister, Debbie, she dated

Steve Flemmi for over nine years.

He gave her cars,

apartments, furniture, jewelry,

but he would never give her cash.

You know, he would give her

five, 10 bucks a day, and...

Cheap prick.

She loved him, she did love him.

But at one point she wanted to

get married, she wanted kids.

My sister wanted kids, and it was

just a rocky road from then on.

She said, "I'm leaving him,

I'm leaving Steve."

And I think Whitey

would've taken that as a threat.

You know, her taking secrets

or whatever with her.

Man:
Flemmi became more

and more defensive,

and more and more resistant

to the questions

as Hank Brennan just cut into him.

Brennan:
Were you combining the two

different versions in your testimony

in front of this jury to make amends

for your inconsistencies, Mr. Flemmi?

Flemmi:
No, it was just probably

an inadvertent mistake on my part.

Brennan:
Another inadvertent mistake

on this case?

Man:
Flemmi is a well-rehearsed

witness now

because he's testified in three trials

and three civil proceedings.

In one court he says that Bulger

strangled her with a rope.

In another proceeding he said

he strangled her with his hands.

And then, in a third proceeding,

he said he thought that Bulger

had her in a headlock.

So, at the end of the day,

the inconsistencies, yes,

they're there, but do they

stop Bulger from being convicted?

It certainly does not look like

that is significant enough to do that.

Carney:
Two of the charges against

you, Jim, are that you were involved

in the murder of

Deborah Hussey and Debbie Davis.

Did you have any involvement

in those two cases at all?

Bulger:
No way. Those were

Stevie's girlfriends. That's his problem.

It had nothing

to do with me, nothing.

Carney:
Do you feel he was fully capable

of committing these by himself?

Bulger:
Christ. When one of the guys

asked him something about a murder,

he says, well, he's been involved

in so f***ing many murders

he has to say to the guy

"Well, show me the list."

He needed a list to show him

what murder you're talking about.

I mean, this guy he is...

I think he's insane, myself, Stevie.

In the court he's glaring at me

and I'm looking at him thinking,

"Christ, Stevie, you're looking at me.

I never said a word against you.

I'm the injured party."

But he was like a puppet

for Wyshak, you know.

Cullen:
Whitey Bulger cannot have people

think he murdered those two women.

And he cannot have people

think he was an informant.

This is not about getting acquitted,

this is about changing the narrative

back to the one he spent years cultivating.

And that narrative

is he is a good bad guy.

He is a gangster with scruples.

He is a criminal with standards.

And gangsters with scruples

do not murder women

and bury them in shallow graves.

And criminals with standards

don't turn on their friends.

(sirens wailing)

Woman:
Today could end up being

an extremely interesting day

at the trial of James Whitey Bulger.

Woman 2:
The big question is whether

or not Whitey himself will take the stand.

Man:
Will James Whitey Bulger

take the stand?

Everybody's waiting on bated breath

to find out.

Man 2:
My prediction

is he will testify.

He looks so bad if he doesn't.

Today's a big day

at the end of the case,

and I want to let him know that

we're with him and behind him

no matter what decision he makes.

If he wants to testify,

then we're 100 percent behind it.

If he doesn't, then I

totally understand as well.

Boeri:
The defense was hoping

to present a defense of immunity,

that Bulger had been given immunity

by the former US Attorney.

But before the trial

they got the answer from this judge.

No, they couldn't, they were

stripped of that defense.

It's an interesting argument,

but it is somewhat convenient

to make the argument because

Jeremiah T. O'Sullivan is dead.

And there is no written evidence

that we've seen.

Man:
In courtroom 11,

a moment of high drama.

Whitey's lawyer stood up and said,

"The defense rests."

Woman:
Carney says Bulger

will not take the stand.

Man 2:
When the judge asked if he

made that choice voluntarily,

he stunned everyone.

Man 3:
"I'm making the choice

involuntarily," Bulger said.

Woman:
Because I feel that I've

been choked off from having

an opportunity to give

an adequate defense and explain

about my conversation and agreement

with Jeremiah O'Sullivan.

Man 4:
For my protection of his life,

in return he promised

to give me immunity."

Woman:
And as Judge Casper said,

she already ruled Bulger's immunity claim

was inadmissible,

he said defiantly,

Man 5:
"As far as I'm concerned,

I didn't get a fair trial

and this is a sham."

Man 6:
"And do what youse

want with me.

That's it.

That's my final word."

Woman:
At that point,

Patricia Donahue rose from her seat,

and yelled, "You're a coward."

I yelled out, "You're a coward,"

because that's what he is.

This man first claims

that he has immunity,

which he thinks gives him the right

to kill all these people.

And now he blames an unfair trial

on the Department of Justice.

Yet he won't get

on the stand and tell all.

If you think that the government

has done wrong by you,

then get up there and talk about it.

No comments.

- How do you feel about your chances?

- No comment.

Kelly:
At the end of the day,

Bulger's immunity claim

was a ridiculous claim and when

he was given the chance to present it,

he didn't. His immunity claims were

part of his game of let's pretend.

Let's pretend I'm going to testify.

Let's pretend I have a license to kill.

Let's pretend I'm not an informant.

Brennan:
So many people

have the opinion that,

the idea of whether he was an informant

or not is irrelevant,

and yet this is the central issue

in this case.

The reason why the informant status

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