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Tag: appeal

Convicted Gangster ‘Whitey’ Bulger Asks for Court to Overturn Conviction

"Whitey" Bulger

“Whitey” Bulger

By Steve Neavling
ticklethewire.com

Convicted gangster James “Whitey” Bulger is asking for a new trial, claiming he was given an unfair trial because he was barred from testifying about his contention that he received immunity for his crimes, the Associated Press reports.

Bulger’s attorney Hank Brennan said Bulger should have been permitted to testify that a now-dead federal prosecutor granted him immunity.

“The defendant has that right to testify. There is no shaking that right,” Brennan told a three-judge panel of the 1st U.S. Circuit Court of Appeals.

The government argued that the judge had a right to deny Bulger from testifying about the immunity claim because there was no hard evidence such an agreement existed.

“He chose not to testify,”  Assistant U.S. Attorney Randall Kromm said.

It Ain’t Over Yet: ATF Appeals Judge’s Ruling Favoring Ex-Agent Jay Dobyns

Jay Dobyns/his website

By Paul Giblin
The Arizona Republic

The ATF is headed back to court in a long-running legal battle with a former undercover agent who infiltrated the Hells Angels motorcycle gang.

The U.S. Department of Justice and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives filed a notice of appeal in the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., on Friday, to overturn a judgment against the ATF earlier this year. The single-sentence notice of appeal does not explain the basis of the appeal.

An ATF spokeswoman said shed was unfamiliar with the details of the matter and unable to comment further. An attorney for the Department of Justice did not immediately return messages left late Friday afternoon.

Retired agent Jay Dobyns of Tucson sued the ATF for reneging on previous agreements to respond to death threats against him following the Hells Angels case.

To read more click here.

 

Notorious Mobster ‘Whitey’ Bulger Appeals Convictions Less Than Week After Prison Sentence

Steve Neavling
ticklethewire.com

Attorneys for notorious mobster James “Whitey” Bulger plan to appeal his murder and racketeering conviction less than a week after he was sentenced to two life terms in prison, Reuters reports.

The brief filing in U.S. District Court in Boston does not list specific objections.

But Reuters suggests Bulger’s attorneys may be arguing they were wrongly denied the right to argue that Bulger was granted immunity by the FBI.

Judge: AG Eric Holder Must Participate in Contempt Case And Can’t Appeal It

Steve Neavling
ticklethewire.com 

A federal judge put an end to Attorney General Eric Holder’s request to appeal his contempt case following the bungled gun-running Operation Fast and Furious, Politico reports.

Monday’s ruling by U.S. District Court Judge Amy Berman Jackson potentially puts Holder on the hot seat.

The ruling means the Justice Department likely will be forced to show a log of the events surrounding the botched sting.

A protracted legal battle is expected.

The Justice Department declined to comment on the ruling.

FBI Error May Save Man from Execution in Mississippi Today

Steve Neavling
ticklethewire.com

A day before his planned execution. a Mississippi inmate made a last-minute appeal Monday after the FBI acknowledged it erred in analyzing the forensic evidence, the Washington Post reports.

Willie Jerome Manning, 44, was to die today at 6 p.m. by lethal injection after being convicted of the 1992 killings of two college students.

The Post reported that the FBI conceded over the weekend that mistakes were made.

The main concern was of an agent’s exaggerated claim that he can trace hairs to an African American.

The governor and court are to decide on a stay Tuesday.

OTHER STORIES OF INTEREST

Fla. Court of Appeals Will Hear Appeal of Ex-FBI Agent John Connolly on Murder Conviction

John Connolly-wbz-tv

By Allan Lengel
ticklethewire.com

Ex-Boston FBI agent John Connolly, who authorities say stepped way over the line in his relationship with the mob, is appealing his 2008 second-degree murder conviction in the 1982 mob-related slaying of a gambling executive in Miami, the Associated Press reports.

AP reported that the Florida Court of Appeals will hear the appeal on Tuesday. Connolly, 70, was convicted of providing information to mobsters who put the hit on former World Jai-Alai President John Callahan.

He was sentenced to 40 years in prison.

AP reports that Connolly’s attorneys are arguing that the statute of limitations expired on second-degree murder expired because Connolly never handled the murder weapon.

But prosecutors say Connolly was armed when he tipped off the mobsters in what resulted in the murder, AP reported.

At one time, Connolly was considered the FBI’s most effective mob investigator in Boston. He has a master’s degree in public administration from Harvard.

OTHER STORIES OF INTEREST

Fed Prosecutors Write Final Plea in Barry Bonds Perjury Case

Could this be strike three for prosecutors trying to put baseball slugger Barry Bonds behind bars for perjury? Frustrated federal prosecutors hope not.

barry-bonds

By Bob Egelko
San Francisco Chronicle
SAN FRANCISCO — Federal prosecutors in the perjury case against former Giants star Barry Bonds have made their final written plea to a federal appeals court to allow potentially crucial evidence tying Bonds to drug tests that allegedly showed he used steroids.

In papers filed late Friday with the Ninth U.S. Circuit Court of Appeals in San Francisco, prosecutors challenged a judge’s decision to bar evidence of three private drug tests in 2000 and 2001, so-called doping calendars and other records because Bonds’ trainer, who allegedly arranged the tests and kept the records, has refused to testify about them.

Unless Greg Anderson agrees to testify that the test samples came from Bonds and the records referred to him, the documents are inadmissible hearsay, U.S. District Judge Susan Illston ruled in February. That means prosecutors can’t use them to prove Bonds lied when he testified to a federal grand jury in 2003 that he had never knowingly used steroids.

For Full Story

Read Government Appeal

Philly Prosecutors Files Papers to Try and Get Big-Time Politician Vincent Fumo More Prison Time

If ever there was a sentence that irked the Philly feds in recent times, this is it. Prosecutors and agents alike were appalled by what they considered a lenient sentence. They want this big-time politician who was well known as a shakedown artist, to serve more time.

Ex-Sen. Vincent Fumo

Ex-Sen. Vincent Fumo

By Emilie Lounsberry
Philadelphia Inquirer
PHILADELPHIA — Federal prosecutors took a first step yesterday toward appealing the 55-month prison sentence given to former State Sen. Vincent J. Fumo, who is scheduled to report to prison this month.

In a one-sentence court filing, Assistant U.S. Attorneys Robert A. Zauzmer and John J. Pease submitted a “notice of appeal” of the sentence imposed last month by U.S. District Judge Ronald L. Buckwalter.

The prosecutors had sought a prison sentence of more than 15 years.

They already have called the prison term “unduly lenient” and said the sentence, which triggered widespread public criticism, had done “grave damage to the public’s respect for the law and expectation of justice.”

For Full Story

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