Expert Coyne on Judge denies defense motion to delay Bulger trial

(NECN: Alysha Palumbo – Boston) – It took six days, but we have a jury for the trial of reputed South Boston mob boss James “Whitey” Bulger.

The jury is made up of 18 residents from eastern Massachusetts – specifically eleven men and seven women.

Twelve jurors will actually decide on Bulger’s guilt or innocence, while the remaining six alternates are there in case any of the first 12 is removed from service during the trial.

Bulger’s defense attorney J.W. Carney said, “The jury selection process went very smoothly, and all of us are very grateful to the people who have made the sacrifice to give up time from their personal and professional lives to serve on this jury.”

Carney may have been calm outside court, but things got pretty heated between him, AUSA Fred Wyshak and U.S. District Court Judge Denise Casper in an afternoon hearing.

Carney raised his voice and interrupted Judge Casper while arguing for a delay in opening statements and for documents he says could prove that the Massachusetts State Police have shielded Bulger cohort turned government witness John Martorano from prosecution for crimes he allegedly committed since his release from federal prison in 2007.

“The defense is also trying to create issues for appeal,” said NECN legal analyst and Mass School of Law Assoc. Dean Michael Coyne, “to the extent that the judge errs on excluding key pieces of evidence or any evidence that they can form the basis of appeal gives Whitey another chance to survive another day.”

Judge Casper denied the defense’s motion late Tuesday.

Meanwhile, the judge had previously ruled defense witness and Bulger author Howie Carr is allowed in the courtroom for the trial.

Carr sat mere feet from Bulger Tuesday, seeing him in person for the first time in 19 years.

“I thought there would be a little more swagger to him, I thought there’d be something more left,” said Carr, “He’s not the same old Whitey that’s for sure.”

You can follow Assoc. Dean Michael Coyne on Twitter at @DeanCoyne

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