Bulger Lawyers, Prosecutors To Discuss Sentencing

CBS Boston

BOSTON (AP) — Prosecutors have asked a judge to allow victim impact statements from family members of all 19 people Boston mob boss James “Whitey” Bulger was accused of killing, even though Bulger wasn’t convicted in every death.

WBZ NewsRadio 1030’s Carl Stevens reports

[cbs-audio url=”http://www.podtrac.com/pts/redirect.mp3/nyc.podcast.play.it/media/d0/d0/d1/d3/dM/dB/dO/13MBO_3.MP3″ size=”normal” download=”true” name=”Families Of Bulger Victims Want A Say At Sentencing” artist=”Carl Stevens”]

The 84-year-old mob boss was convicted last month of racketeering charges, including 11 killings.

Prosecutor Brian Kelly said Tuesday in federal court that even though Bulger wasn’t convicted in eight killings, relatives of those victims want to speak or submit written testimony at Bulger’s November sentencing hearing. He said there’s legal precedent.

Bulger’s attorney didn’t respond to the prosecution’s request in court, saying he’d like the chance to respond in writing.

Bulger, who faces a life sentence, wasn’t in court Tuesday. The defense didn’t indicate what sentence it would seek.


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Judicial Complaint Against: Nathaniel M. Gorton, United States District Court Judge District of Massachusetts/Boston & Worcester:

Judicial Complaint Against: Nathaniel M. Gorton, United States District Court Judge District of Massachusetts/Boston & Worcester:

SUITE 3700

See Vincent Michael Marino         Complaint #01-08-90011.
Petitioner/Complainant                U.S. Court of Appeals For the First Circuit
Nathaniel M. Gorton,                    October 14, 2008.
U.S. District Judge,
District of Massachusetts

According to: Marino v. United States Attorney’s Office District of Massachusetts, et al., civil action #12-cv-872-RMC. (District of Columbia, Washington) PENDING, and issues NOW PENDING via: Marino v. U.S. Department of Justice, et al., civil action #12-cv-865-RMC. (District of Columbia, Washington) PENDING:concerns governmental & judicial misconduct by Assistant United States Attorneys Jeffrey Auerhahn & Cynthia Ann Young & NOW Michael Tabak & his Government Lawyer co-counsel prosecuting Marino’s co-defendant Enrico “Rico” Ponzo in a  superseding indictment Criminal Number S-97-40009-NMG. United States v. Ponzo (District of Massachusetts/Boston)

What seems to be of a significant theory is that the New Federal Prosecution Team: AUSA: Michael Tabak & his new governmental co counsel whom with further research appears to be a damage control component for the Historic & current corruption in Marino’s & Ponzo’s case(s) which they are codefendants of:First, the government’s NEWLY Superseding Indictment precludes Count One RICO violations under Title 18 U.S.C. Section 1962(c) COMPLETELY.  Which appears to seem that the new governmental prosecution team FOUND a severe DEFECT in the Prior indictment specifically concerning Count One RICO.

My opinion which is supported with the PUBLIC RECORD is that Count One RICO, named BOTH violations of Title 18 U.S.C. Sections 1962(c) & 1962(d). As Title 18 U.S.C. Section 1962(d) is the RICO conspiracy charged in the First Indictment as Count Two. A core violation of the Double Jeopardy Clause of the 5th Amendment.Which appears to be a illegal conviction & sentence of Marino  to 20 extra years in prison for Count One RICO.

As Marino  received three sentences to run consecutively with each other: Count One RICO Marino  was sentenced to served 20 years for. Count Two RICO conspiracy, Marino  received 10 years to serve in prison for, and Count Three Conspiracy to murder he received 5 years for, all to run consecutively with each other totaling 35 years in prison.

How-ever with the preclusion of Count One RICO conviction & sentence, Marino is currently held unlawfully over his term of imprisonment, as Marino has already served over 16 years day for day not counting Earned Good Time Jail Credits which would facilitate Marino serving an equivalent sentence of more than 18 years, well over the 13 years with good time jail credit he would have received with a 15 year sentence.

This governmental DEFECT in its ORIGINAL INDICTMENT concerning Count One RICO, Title 18 U.S.C. Section 1962(c) is a STRUCTURAL DEFECT requiring that the United States Department of Justice, to immediately CORRECT the defect.As Marino is actually, factually & legally innocent of Count One RICO & its conviction & 20 years sentence.

See Document 1585, under United States v. Ponzo, Criminal Number: S-97-40009-NMG. (District of Massachusetts, United States District Court/Boston). in support.
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