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CNN LIVE EVENT/SPECIAL

Whitey: United States Of America v. James J. Bulger

Aired September 18, 2014 - 22:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


UNIDENTIFIED MALE: 30 years ago, my wife and I have purchase a local license and we had a little store up and running by Christmas. Before (inaudible) and sale on and then along the hall, I guess he knocked on my door one night, I'm at the house. My wife is down in the liquor store working and it was Kevin Weeks and Whitey Bulger at the door and I didn't know what the hell that they want.

He said you got a problem, I said, what problem?

He said listen, who hired to kill you? I'm like, what? He's -- you got to understand. Other liquor stores -- they hired us to kill you. I just couldn't believe it. I didn't know what to even think. I was dumbfounded, actually I froze. He's -- but -- well then, what we're going to do instead of that. We're going to be coming by (ph) and he said -- no you're not become my partners.

And then Bulger is right, I mean he's just staring at me and just grinding his teeth like, you don't understand. We're taking you're liquor store is like, it's not for sale, and he said, I'll kill you. I'll stab you and then I'll kill you. I'm like, Holly Jesus. And then they pulled out a gun. I was like, Oh.

They picked up my kid (inaudible). It would be terrible to this kid to grow up without a father, I was like -- and I melted. Nothing you can do.

Ever since that they -- never been the same. I couldn't protect my own children as a man that just took me away and I'm not over yet. I won't be over and maybe I'll never get over but I'll surely can't wait together in front of that court. I'm going to stand and testify against that. 30 years ago he scared me to death and he don't scare me to death no more.

UNIDENTIFIED FEMALE: After 16 years the FBI finally has this man. Boston, my Boston (inaudible), James Whitey Bulger was captured in southern California.

UNIDENTIFIED MALE: Along with his long time girlfriend, Catherine Elizabeth Greig.

UNIDENTIFIED FEMALE: The 83-year-old of accused of drug trafficking, extortion and murder all while working as an FBI informant. He was on the limb for 16 years.

JAMES WHITEY BULGER, MURDERER: I never commit a crime on 16 years I (work for the cops men). My whole life changed when I was on the right (inaudible) and become very, very human and I guess you could say it and I love woman intensively. When I was captured I told them (inaudible) will (inaudible) to all plans, any plans (inaudible) innocent to guilty. They can execute me. You can give me life sentence. You can do whatever you just want but I want her to be free and I meant it, and I mean it today.

If they plea guilty and we'll let her go free and shot you're mouth I would do it.

UNIDENTIFIED FEMALE: It's been a long time coming. After 16 years on the land and two years in custody the criminal trial of James Whitey Bulger began today at the John Jay Moakley courthouse in south Boston. Just blocks away from Whitey's former home turf.

UNIDENTIFIED MALE: This is what it looks like here the courthouse early at this morning. The police are escorting several black SUVs roll up to federal court. Behind the tinted window is James Whitey Bulger who is back in Boston to face 19 charges of murder in the same city he's accused of terrorizing as a gang boss.

UNIDENTIFIED MALE: Some of the victim's family is also arriving today hoping to see justice done after waiting almost 30 years.

UNIDENTIFIED MALE: I'm happy that this is about start. It's been a long waited, really, really long wait in time. So I'll see just when I get home.

UNIDENTIFIED MALE: How are you going feel being in there?

UNIDENTIFIED MALE: I don't know. I'm sick to my stomach now. I can only imagine when I get there.

UNIDENTIFIED MALE: All right.

UNIDENTIFIED FEMALE: Prosecutors describe James Whitey Bulger as the center of mayhem and murder in Boston for 30 years, the boss of Boston's notorious Winter Hill Gang. A man so dangerous that he joined Osama bin Laden at the top of the FBI's Most Wanted List.

DAVID BORRI, SENIOR REPORTER: It was a gang that run amok. You have people who are being extorted, we talk of having shotgun barrels stock in their mouths, of machine guns pointed at their groin.

UNIDENTIFIED MALE: Body (inaudible) before Bulger and shakes him down.

UNIDENTIFIED MALE: It was absolutely terror. Back then, 1780s, people will listen everyday, bang. If (ph) come home he's a dead man, they'll never going to find him. Bryan (ph) (inaudible) and Michael (ph), Don (ph), Nick (ph). Bodies were being -- left and right in this. They're all involved in this circle of -- in South Boston.

UNIDENTIFIED MALE: You have a fascination Whitey Bulger as a Robin Hood figure, he's illusive, Houdini like crime boss. Who -- his younger brother Bill Bulger who was Senate President, the most powerful politician in Massachusetts. All this stuff, there were sort of magical about them and that made him seem beyond the reach of law enforcement.

HANK BRENNAN, BULGAR DEFENSE ATTORNEY: They were over 25 years where James Bulger ruled the organized crime world. He was never charged with even a misdemeanor. The Department of Justice did nothing to prosecute him.

UNIDENTIFIED FEMALE: Whitey was the guy that got away. Whitey was the guy out in the wind, funning his nose, "ha, ha I won" for years. So today it's huge. I mean you think that, you know, there's so many people who never thought this day would ever happens.

UNIDENTIFIED MALE: James Whitey Bulger fled Boston at late 1994 as federal agents were eventually arrest him in connection with 19 killings, racketeering, and other crimes that expand the early 1970s to mid 1980s.

UNIDENTIFIED MALE: He fled after being tipped-off by an FBI agent. He was about to be indicted.

UNIDENTIFIED FEMALE: Bulger's role as an FBI informant is essential to this trial.

UNIDENTIFIED MALE: Now, he'll face justice in the same city. Many say he ran with an iron fist.

UNIDENTIFIED MALE: I'll be honestly with you. I have today's date, June 12th but lately I couldn't laugh in the past few days. I couldn't tell you what -- and it's a (inaudible) I couldn't tell you if it was Sunday, Monday, Friday. It's -- I was -- my head been so twisted overall and, you know, it's like surreal. You know, it's happened.

UNIDENTIFIED MALE: Why did he killed my sister. She was looked upon as a good person, she come into a room and she'd lighted up. Me, you know, everybody, you know, I mean it's -- he had no right to take her away. He took her teeth (ph) out and...

You know me. I want to introduce (inaudible).

UNIDENTIFIED MALE: Look at it. I didn't know I was supposed to get all dressed up.

Today? I feel fantastic. Well, 30 years ago, they tormenting me and it's been 30 years since that tormented and now it's coming to an end. Thank God, he's behind bars. My father always told me that good will always triumph over evil even -- it takes a long time and that's just what I'm getting for.

UNIDENTIFIED MALE: You don't forget?

UNIDENTIFIED MALE: No.

UNIDENTIFIED MALE: You know what I mean? UNIDENTIFIED MALE: The only time that -- comfort I get, you know, me and Steve (ph) meet every morning, just about every morning for coffee.

UNIDENTIFIED MALE: This way Steve and I may have something common, psychotic individual. We're going to bring justice. It has to be done.

UNIDENTIFIED MALE: I include them. I was nervous as I am, exciting, the adrenaline is pumping. I just can't, I can't believe I'm finally here. I'm finding if we can just talk. I have my day and my time.

UNIDENTIFIED FEMALE: What your thoughts are?

UNIDENTIFIED MALE: Well, they're active. They just come.

UNIDENTIFIED MALE: What are you going to be thinking as you look at him, you know, today?

UNIDENTIFIED MALE: Well, you know, 30 years ago, I've never looked at him, now I can't wait to look at him right in the eyes.

UNIDENTIFIED MALE: It's day one of one of the most to be anticipated trials in decades.

UNIDENTIFIED MALE: Cameras should have been allowed in the court room in federal courts they are not allowed.

UNIDENTIFIED FEMALE: For the people of Boston this case is about justice and it's about redemption, it is about retribution, opening statement in the trial of James Whitey Bulger.

UNIDENTIFIED MALE: The assistant U.S. attorney Brian Kelly telling juries.

BRIAN KELLY, ASSISTANT U.S. ATTORNEY: He did a dirty work himself because he was a hands-on killer. He ran amok in the city of Boston for almost 30 years. Bulger was deeply involved in the distribution of drugs in the South Boston area. He was one of the biggest informants in Boston

Bulger routinely met with FBI agent John Connolly and gave him the information to protect himself or get the competitive edge that he wanted.

UNIDENTIFIED MALE: He then the jury pictures of each of the 19-people investigator say Bulger killed.

UNIDENTIFIED FEMALE: They describe victims former friends associate its girlfriend all killed and varied in secret graves, some relative and court listening chocked up when they heard that.

UNIDENTIFIED FEMALE: That government handing its opening statement by slowly dramatically reading off the name of the 19 alleged murder victim.

UNIDENTIFIED MALE: (Inaudible), Roger Wheeler, Brian Holliman, Michael Donahue, John Callahan, Devra Davis, and Deborah Housen.

BRIAN KELLY, ASST. U.S. ATTORNEY, BULGER PROSECUTOR: This is not a traditional murder case. It's a racketeering charge. And within the racketeering charge there are multiple predicate crimes that we have to prove. We have to prove at least two of them and Bulger is charge with 33 separate predicate crimes, 19 separate murders, multiple extortions, drug dealing, gambling, and all of those we have to prove at least two beyond the reasonable doubt.

We have to prove that Bulger was part of this criminal enterprise that was committing all these crimes of 30-years.

UNIDENTIFIED MALE: Defense attorney J. W. Carney stunned the court room admitting for the first time that Bulger was involved in drug trafficking.

CARNEY: James Bulger was involved in drug dealing. He was involved in bookmaking, loansharking. These crimes are what he did.

UNIDENTIFIED MALE: But, he proposed in government witnesses.

UNIDENTIFIED FEMALE: Carney try to paint a picture of Bulger associates turned government witnesses John Martorano, Kevin Weeks, and Stephen Flemmi as the real murderers who just pinned their crime on his client.

DAVID BOERI, SENIOR REPORTER, WBUR: The defense said all the three witnesses' testimony was purchased. They were murderous thugs who's testimony was purchased by sparing them the dead penalty, cutting there prison sentence and offering them also sorts of incentives.

UNIDENTIFIED MALE: Given these three individuals, given their background, given their character, would you believe them beyond unreasonable doubt?

UNIDENTIFIED FEMALE: Carney denied that Bulger was informant.

UNIDENTIFIED MALE: The evidence will show that he was never an informant for John Connolly and the FBI. You will learn that depth of corruption in federal law enforcement that existed during this period.

This was how James Bulger was able it never, ever be charged.

BOERI: What makes this trial extraordinary and really crazy the defense is defending him from an assertion. That he as informant even thought it's not a charge. And so, what seem crazy is that government has gotten sucked into this as well they're trying to prove that he is even though he's totally irrelevant to his guilt or innocence.

So, it's not about guilt in a sense in his trial. It's about his legacy of wanting to establish. He wasn't tout. A rat, a informant whatever you want to call it.

J.W. CARNEY JR, BULGER DEFENSE ATTORNEY: I was just surprise as anyone when James Whitey Bulger was captured. He's a government excited about having Bulger come back? Some people certainly are. But there are others, I think who have many sleepless nights about what James Bulger is going to testify too.

I believe the reason that they are giving so much protection to Bulger. He transported from the jail to the court house. Because they're worried about someone with the sniper rifle taking him out on the way to court so that he can't testify.

That's how explosive his testimony will be.

(COMMERCIAL BREAK)

KEVIN CULLEN, BOSTON GLOBE COLUMNIST: This is Whitey's world. If you from Squantum where he never (inaudible). It's basically six miles if you drive it up to Castle Island, over there that's South (ph) where he did most to his crime. He murdered people there. He buried people there. And he went to sleep there. So, that's his world.

I spend much of my childhood in South Boston and even as a kid, I knew Whitey Bulger run the show there. But, Whitey was very lucky, in the 1960s, there was an Irish canyon (ph) and over 60 people were killed. But Whitey was imprisoned? So, he missed all that. He would have a high, high chance of being the victim of that violence.

When he got out of prison, Whitey went to Howie Winter. He was the leader of the Winter Hill Gang, preeminent known Mafia gang in this region. And he said to Howie, we're going to stop the war in the South. Too many people are dying, we're losing money. Howie was very impress by Whitey.

And one of the things that impress in most was that Whitey had done time in Alcatraz. Now, you know, for you and me, you know, we'd like to hand in our resume (inaudible) Stanford, I got my MBA (ph) (inaudible).

For the not in the year, you're a wise guy he said, "Oh, you went to Alcatraz." And Howie said that -- Whitey came across, he's a guy that could be a leader. So Howie immediate end of the war with a rival gang at South Boston called the Mullen. It was the Mullens actually were about to prevail. And Mullen guy think, you know, they're about to get the lion's share of everything and Howie throw them for a loop.

When he announced that James Bulger he's going to front money for them, they can put money on the street, loan shark, they can do a gambling operation, but Whitey going to be in charge.

And the Mullen guys are, "Why do you kidding me? We were willing." And Tommy King who's a member of the Mullens said, "We should have killed Whitey when we had the chance, this is going to come back to bite us."

KEVIN WEEKS, FORMER MEMBER, WINTER HILL GANG: South was great growing up. Everybody knew everyone, everyone watched out for everybody. It was great. We didn't have a lot but we had a lot of fun with what we had. My brothers both went to college. He went to Harvard so I was (inaudible) at home. I knew how to flight and that kind to of handy so I started working in different bars bouncing and I ended up with triple O, it was the neighborhood bar, it was kind of rough bar.

And that's why I mention (inaudible) from me. I was 18 at that time. Jim (ph) is like an old brother, he's guide me through a mine field and stuff and teach me a lot so much.

When I first started working with him, I started a little small, you know, and just, you know, digging (ph) people up and little by little take babies to steps, you know, from gambling, loan sharking to, you know, to extortion and stuff, and doing extortion with Jim Bulger and stuff. And so I was making a lot of money.

But the moment that everything has changed from me -- the moment my life changed is when I was involved in the first murder, it was a double homicide. So then I knew there was, you know, I was in there was no getting out, so I just decide, well, if I'm going to. I would be the best out of that I can.

UNIDENTIFIED FEMALE: It was tense in court Tuesday between James Whitey Bulger and the man who was once like a son to him. His former right hand man turned cooperating government witness, Kevin Weeks.

Weeks was one of the government's star eyewitnesses as Bulger's mob enforcer. Kevin Weeks says he buried the bodies, moved the guns and collected the cash which book makers and businessmen paid to stay in business.

Weeks calmly and coldly testified he watched James Bulger brutally murdered Deborah Hussey, John McIntyre and Arthur "Bucky" Barrett.

UNIDENTIFIED MALE: James Bulger (inaudible) with the machine gun to put in chairs high with chains as we walked down the stairs James Bulger shoot him on back of the head and strangled, he was gagging. Jim Bulger asked if you one on the head and kids said yes please and shot him on the head (inaudible), strangled him in the neck is (inaudible). You know, what (inaudible) the eyes from all that from head (inaudible) she's not dead. He wraps the (inaudible) and twist (inaudible).

UNIDENTIFIED FEMALE: As for defense begin cross examining the former Bulger protege we (inaudible) look annoyed.

UNIDENTIFIED MALE: So when he told me a moment ago that you never lie to the investigators that was a lie.

UNIDENTIFIED MALE: I've been lying my whole life, I'm a criminal.

(COMMERCIAL BREAK)

BOB LONG, FORMER DETECTIVE: This is where Whitey used to take us walks and would meet with people.

He stayed on this street for quite a while and that shouldn't happen. It's just -- it's crazy, it's crazy.

UNIDENTIFIED MALE: I worked organized crime most of my career. So, I saw Bulger going up to chain with the Winter Hill Gang. Bulger finally moved up into control.

And in 1980, a young trooper working for me was assigned to get out and check out this garage down in (inaudible) to see about a possible stolen care rent and (inaudible) he notice to what organize crime (inaudible). He called me. I went down there for myself and as when we started this investigation.

UNIDENTIFIED MALE: Garage was right up here just a little after the track here.

UNIDENTIFIED MALE: We (inaudible) across the street and we monitored it about four months, everyday. And then we saw James Bulger and Stephen Flammey.

UNIDENTIFIED MALE: Anybody was anybody in organized crime in New England came here to this garage. People who would pay him rent protection money, people who are in it are safe.

UNIDENTIFIED MALE: So they were meeting daily with the latest of (inaudible) Mafia to the (inaudible) crime family patriarchal family and it was unprecedented to see that. It was absolutely shocking to see that they were actually working together.

That was like striking gold.

Lots are surprised when I say, where is the Boston police? Where is the FBI? Why is anybody else doing this? They're right here. They're operating so openly. It just was shocking.

And we monitored that, documented and we got enough probable cause to go to judge and issue a warrant so that we can place listening devices inside. And plants (inaudible) it works great. I mean, it was fine next morning.'

One of the first conversations we've picked up was, what a big drove that state police in the (inaudible) do. So, we knew the gig is up, right there and then.

UNIDENTIFIED MALE: Somebody was protecting them.

We knew what we had and we just configure out how.

And one night Morris of the FBI, met a Boston detective at bachelor party. And he was in a drunken state and told to Boston detector because I know you guys are working on with the state (inaudible) across the street and the bad guys know about it.

I couldn't believe it as anybody know outside of that group. It didn't make sense.

UNIDENTIFIED MALE: James Whitey Bulger's relationship with the FBI will be the focus of testimony this morning. Former FBI Supervisor John Morris is expected to take stand. He was head of the FBI's organized crime squad during 70s and 80s overseeing former agent John Connolly.

Morris claims that he and John Connolly shielded James Bulger from prosecution. In addition to hearing Morris on the stand today, federal prosecutors plan to discuss James Bulger's alleged 700 page FBI informant file.

T.J. ENGLISH, JOURNALIST, DAILY BEST: To understand the Bulger's story, you really have to understand how the FBI Top Echelon Informant Program came into being to destroy the Italian Mafia.

It really begins before the program even existed when Joe Valachi testified before congressional committee in 1963.

Valachi came forward and he described hierarchy of the five families in New York.

UNIDENTIFIED MALE: What is the name of this organization?

UNIDENTIFIED MALE: (Inaudible) in Italian.

UNIDENTIFIED MALE: (Inaudible) in Italian.

ENGLISH: For the first time, one of these Mafia guys was talking into a television camera and it was a big deal and it still Hoover stand there because Hoover had for decades now been denying that there was a Mafia.

Now Hoover had a problem. He needed to make up for the last time. And he needed to go out and get informants as dramatic and as explosive as Joe Valichi.

UNIDENTIFIED MALE: we should all be concerned but one goal, the eradication of crime. The Federal Bureau of Investigation is just close to you as you as your nearest (inaudible). It seems to be your protector and all matters within jurisdictions.

It's belongs to you.

ENGLISH: The Top Echelon Informant Program also was what gave power to guys like John Connolly because how you're going to get guys like Valichi.

Well you're going to need FBI guys who walk the walk and talk the talk, who can go out into that underworld and sort of make deals with these guys.

The power and influence of this swaggering agent within the hierarchy went way up.

UNIDENTIFIED MALE: General topic of our discussion today is informant handling. And with me today is John Connolly, a 15-year veteran of the FBI.

How do you go about developing individuals for recruitment or targeting as informant for the bureau?

JOHN CONNOLLY: In the case of organized crimes people would, you know, probably wouldn't want to tie to the boss first since you'd want someone perhaps close to the level of criminal activity but not necessarily involved.

UNIDENTIFIED MALE: When John Connolly was a boy, he live in Southie in the same housing project with the Bulgers. And he was in awe of Whitey who was a teenage thug with a platinum striking hair and the amazing Hollywood good looks.

So John Connolly given his history as a son of Southie, his connection to the Bulger family. He succeeded in forging -- what is since been called an Unholy Alliance with Whitey Bulger.

CONNOLLY: Remember these are our most important assets that we have, informants. I mean, the name of the game -- you going to get friendly with them and you don't like them but you never can forget who you work for.

J.W. CARNEY, BULGER DEFENSE ATTORNEY: Hello?

UNIDENTIFIED FEMALE: Hi, Mr. Bulger is on the phone?

CARNEY: All right, please put him through.

UNIDENTIFIED FEMALE: Sure.

CARNEY: Thanks for calling. There were couple of things I wanted to ask you about.

BULGER: Sure.

CARNEY: The first is that you told me since the very first day I met you that you've never been an informant.

BULGER: That's correct.

CARNEY: Does that mean you've never been an informant in your entire life?

BULGER: Never. As a teenager, I took many a beating in the police stations and I never cracked.

As a bank robber, I was captured. I plead guilty to free the girlfriend that I was with, and I got 20-year prison sentence, first offender.

In prison, I was part of an escape plot but the plot fell a part. One of the guys gave them my name. I told him I don't know what you're talking about. I spent months in the hole naked and the whole thing. I went through a lot there and after four months for punishment they sent me to Alcatraz. And that was it -- I never, never, never cracked.

And the Boston FBI? No way. Met John Connolly, who was a Southie guy, Irish Catholic like my self. You know, it's friendship, if I ever hear anything, I'll tip you off, give you a heads up. And then I told, all right, John, I'll see you, if you can let me know, I appreciate it and that's how it got started.

(COMMERCIAL BREAK)

CARNEY: This is isn't really a typical criminal trial. James Bulger knows that by following the strategy he is directed us to do. He will be found guilty and he's going to die behind the walls of the prison.

But for Jim it doesn't matter. He's at the end of his life. He doesn't know if he will live until the end of the trial, never mind until the end of year. But for him it's like it's last opportunity to tell people that he was never an informant that our federal government is more corrupt in law enforcement in anyone ever imagined even to this day in this trial. It's corrupt and he wants people to know it.

HANK BRENNAN, BALGER DEFENCE TEAM: There's a lot of things that we knew to disembowel (ph), the fact that James wasn't an informant. I mean, the local thinking is that actually he was an informant.

Everybody talks about it -- folks have written about it. Until you actually go through everything and look at it to make your own independent assessment -- you can't have an opinion.

So getting involved in case, I had not committed. I don't think anybody in the public does is, I got to see the files that the government had to suggest that he was an informant.

I thought that there were some things about the file that was all suspicious that I wanted to look into in depth. And so I sat down with Daryl and I ask him if he comes up with an independent assessment (inaudible) there was any illegitimacy to the files.

DARYL ZULES, BALGER DEFENCE TEAM: Of course I was eager to the start the project (ph) and see what I could I find but I was also a bit skeptical. I mean, just looking at the file what it was handed to me I thought, how could that possibly be suspicious. Its 700 pages and it look very official. So it seems like it had to be solid but fully I've done (ph) strange repetition in the file.

What I've done is created tabs one every page where I found alternate sources for the information and we learned that John Connolly was pilfering through files and Connolly took specific information from these sources and placed it into Mr. Bulger's file. These alternate sources comes from wires taps, it, comes from phone calls, news articles, public information, FBI memorandums and the majority of the information come from other informant files.

A top echelon file is supposed to be filled with singular unique information that can lead to prosecution. And just based on the patterns that I found looking at other alternative sources is just not consistent with someone who's providing unique information.

Like this first page file for May 29, 1981, the tip reads that 1544 by that the Mafia whacked-out a guy several weeks ago. He's in a trunk of a car.

It doesn't tell who whacked-out the guy. It doesn't tell what guy was whacked-out. It doesn't tell where is the car is. There's no subtenant information in that and there's no follow-up in the entire file.

If you turn especially at last page Q&A (ph) of that same year the same of that tip shows up. 1544 (inaudible) source heard that the alpha people whacked-out a guy several weeks ago and that's the individual in the trunk. It's vague. There's no detail and it shows up twice in the trial.

FRED WYSHAK, U.S. ATTORNEY: This is not unusual to see reports in one informant's file that similar to reports in other informant's file.

If a crime occurs, a law enforcement agency surveys their informants. They get multiple reports from various informants about the same criminal activity. That's exactly what Connolly was doing with Bulger.

UNIDENTIFIED MALE: The federal government is so desperate in this trial. To try to convince people that he's not an informant because James Bulger had such a strong and influential reputation. His name had value, as a commodity from the Department of Justice.

They needed search warrants to take down the Mafia. They needed to put something down to justify intrusions into people's civil liberties.

Nobody was going to look and see if the information was verified. No ones going to determine whether it was made up by a street agent, no one is going to determine whether it was true or not. It wasn't and not simply for magistracy to sign off on probable cause.

And there was example after example in this case and when they talk James Bulger name and use it as a commodity.

WYSHAK: That's a preposterous assertion that he was not an FBI informant.

In fact, he used the FBI. And they used him. What this is all quite frankly? Is -- he doesn't mind being called the murder. He doesn't mind being called the criminal. Obviously, he doesn't mind being called the drug dealing. But he doesn't want to be called an informant because where he came from in Southie.

That's the worst thing you can be. He can be a crock, you can be a murder, (inaudible) to be an informant. That's the way he's broad up and his sick mind, that's what he believes.

(COMMERCIAL BREAK)

CARNEY: Remember the day when Hank (ph) and I were with you and showed you the so called informant file that John Connolly had been keeping.

BULGER: Yes.

CARNEY: Remember, your reaction seeing that?

BULGER: I was shocked. I was angry. I couldn't believe that was -- I considered the worst betrayal that ever, ever happened to me in my life. I couldn't believe than anyone could dream such of thing. I never knew what existent.

CARNEY: Did you recognize the information that was contained in it? Has anything that you would ever talk to John Connolly about?

BULGER: No. I ask the questions. I got the answers. I was the guy who did the directing. They didn't direct me.

CARNEY: What are some of the things they would give you in terms of keeps?

BULGER: The thing that we needed most us. Number one was wire taps. And then like photos, surveillance, search warrants when they were common, indictments they were common -- guys could get a chance to make a run for it.

CARNEY: Well, if you weren't providing information to this people, why were they willing to give you all this information?

BULGER: For money. For money. Money is the common denominator. It's a way of doing business. It happens all the time, it will never stop.

CARNEY: I remember, you told me once that Christmas is for kids and cops.

BULGER: Correct.

CARNEY: How many people would you be paying off on a holiday period?

BULGER: Everybody I knew, I took care of in Christmas time. Put money in envelop for all of the different police I had contacts in the state police, the Boston police, the ATF and also in the FBI. There was more people in John Connolly, but I'm not going to say who they were, I would never see any about the name, you know. But, I took care everybody.

CARNEY: And was this in cash or?

BULGER: It is always cash.

CARNEY: (Inaudible).

BULGER: I never had anyone money. I had them an envelope. It makes it a little bit easier for them to accept it, you know, or I took the money maybe in a box. If it was that much money.

CARNEY: What was the most amount of money you ever paid in FBI person, FBI agent?

BULGER: At one time?

CARNEY: Yes.

BULGER: Maybe $25,000, $50,000.

WEEKS: Everybody could be corrupted. People have the opinion of the FBI. He's above reproach. Well, they're just regular people. They put it their pens on the morning just like everybody else.

They are regular people except they have a badge that says, you know, special agent. But there's nothing special about them, they are regular people. You can corrupt them.

Maybe they like money, maybe they wine, maybe they like jewelry, you know, trips whatever. There's always a way to corrupt somebody.

UNIDENTIFIED MALE: During a rapid fire and sometimes intense cross examination disgraced Former FBI Supervisor John Morris admitted taking thousands in cash from Bulger.

UNIDENTIFIED MALE: Mr. Morris, you were Mr. Bulger's paid FBI informant weren't you?

UNIDENTIFIED MALE: That's not correct. He did give me money, but I was not his paid informant.

UNIDENTIFIED MALE: He gave you money?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: He gave you gifts?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Is that in case in one, didn't you from Mr. Connolly and a basement of a Federal Office.

UNIDENTIFIED MALE: That's correct.

UNIDENTIFIED MALE: Did you throw it away?

UNIDENTIFIED MALE: No, I kept it.

UNIDENTIFIED MALE: You know, seeing a day like today were (inaudible), you see thoroughly, despicably corrupt FBI agency. John Morris a supervisor, you know, with just a moral -- I mean he was a moral coward and you see him, can you see Connolly taking advantage of it? And all his witness to bring him in to the group, you see that. And you see it was allowed?

And so, the real story here is that our government enable to killers to run free in this city, you know. Bulger is to wake up in South Boston. And for South Boston you can look across and he would say, "I owned that town." And he really did and he owned it because he was allowed to turn the Federal Bureau of Investigation into the Bulger of Bureau of Investigation. He, about his tentacles into the Bureau and he turned it exactly the worked for him and it was because there were all crazed about getting the Mafia, that they enabled the Irish Godfather to run the show here. And he was far more dangerous than Italians.

UNIDENTIFIED MALE: So what we need to do is get inside a little bit and talk about how the FBI works. And what the rules in certain people were like Mr. Connolly and Mr. Morris.

And the more we can keep you understand from my perspective better because it hopefully it will go to really illustrate the efforts you made and so they see the good side of our enforcement. And recognize it was a problem we try to do something to save lives. And because they were pursuing whatever agenda they were, they check it out.

UNIDENTIFIED MALE: (Inaudible).

UNIDENTIFIED MALE: Absolutely.

UNIDENTIFIED MALE: I think the whole thing was a con. I think at some point, they get in over the heads and this success was wrapped around (inaudible). To the point where he had to be validated, he had to be made into this informant that gave him all this information.

UNIDENTIFIED MALE: That's the myth.

UNIDENTIFIED MALE: That's the myth.

FITZPATRICK: (Inaudible) I work to organize crime. I work fugitives and so when the Boston problem was going on, I was told they needed somebody with this background to be send to Boston and my mission was to find out what is going on between the (inaudible) police, Boston Police, the local police and the FBI. How come they're not getting along together? They had territorial issues.

The state police was blaming the FBI for cavorting with criminals because they had seen Connolly and Morris with Bulger and Flemmi. So, they formed the opinion that the agents were doing something bad. Well, as it turned out, they were. But they didn't know it then and I didn't know it then. So I go out and interview Bulger and assessed him assertibility if you will.

I arrived at Bulger's place and met at the door by Bulger. He's got a baseball cup on. He's got sunglasses. He got muscle shirt. I hold out my (inaudible) my hand and he doesn't take it. Well, gay (ph), you know, so I look at my empty hand and I follow him in. The place is dark and we walked in the back. I said, look, Bulger, I'm here to find out what you're doing for us. What are you doing for us? And he gets angry. And about that time, Connolly pops out. And remember this was supposed to be Mano a Mano, one on one, and I get very angry.

And I look over and he says, "Hi Fitzey (ph) how you doing?" And I'm saying to myself, "Oh, you know, this does not look good." But then, we have the conversation about him. I finally get the conversation back. And what he tells me that he's not an informant. That he has his own influence and he pays them, they don't pay him. And that, he's the head of a gang, and that he runs a gang that he's not going to testify.

Now, all those elements are elements to me that I'm going to close this guy as an informant. If you're an informant for the FBI and you're the head of the gang then the FBI is validating the gang. You're actually part of the gang, in the management process. So to me, he's the big problem. Close him. Get rid of him. And that's when I go back and tell my boss. From that point on, I get resistance. I'm more or less told, you shut up. You're not allowed to talk about this.

(COMMERICIAL BREAK)

UNIDENTIFIED FEMALE: I was a very young reporter but I had covered this huge Mafia trial in Boston. It was the biggest ever. It was -- the FBI had planted a bug in the (inaudible) headquarters of a guy name Gennaro Angiulo. He was the underboss of the Mafia and ran everything in Boston. And he and his brothers the whole hierarchy went on trials, it was an eight-month trial.

And there was all these evidence of murders and corruption and they had tapes of Gennaro Angiulo bragging about murders, but they also had him talking about, I have a couple of guys that will do anything for us name Whitey, Steve, they'll kill anyone we ask them too. And so at the end of that trial, it was a huge victory for the FBI in Boston. They had just wiped out the New England family, decimated them.

JEREMIAH O'SULLIVAN, FEDERAL PROSECUTOR: Yesterday, a federal grand Jury sitting at Boston, returned a 20 counts indictment, charging seven individuals including Gennaro Angiulo.

MURPHY: The Boston FBI, they were heroes and John Connolly was at heart of that. He was the guy with the most informants, the most top Echelon informants. So as the Mafia is being decimated, stepping into the vacuum are Whitey Bulger, Steve Flemmi. And I'm asking the New England's Strike Force leader, Jeremiah O'Sullivan, why don't you go after Whitey and Stevey? You've already done the Mafia repeatedly. What about these guys? And the answer is, "Oh, well, they're not the threat that, you know, the Mafia or is the Mafia is an international organization."

Whitey is just local hoodlum (inaudible) organized crimes (inaudible) Strike force, we go ask to the big guys. Well, Whitey was becoming a big fish.

CARNEY: Jim Bulger wants to explain that the Jury, why for 25 years you could be on top o the organized crime pyramid in Boston and never ones be charged with a crime. The chief of the organized crime strike, Jeremiah O'Sullivan promised him that he would not be prosecuted for any federal crime if in turn he did something that the government wanted. And that something was not being an informant. It was something else. We've never revealed that information but Jim will at the trial, Jim takes the stand.

BULGER: I have not secretly with a high official on a federal strike force, Jeremiah O'Sullivan, United States attorney. He was concern that someone was going to kill him. He's in trouble and he needs help. I feel bad for him, so I told him, I said look, I'll take care of this (inaudible) but I'm no spy. We don't meet. I'll take care of it in my own way. If you can accept that it'll be done.

CARNEY: What was O'Sullivan's promise to you?

BULGER: His promise to me was this, he says, Listen Whitey, this is -- I feel better. I'm under your umbrella or protection. You're under mine and he says any federal crimes or anything like that. Don't worry about it this. I'll always be on your corner from this point on. I'll protect if you protect me and that was the way it went.

BORRI: Bulger claims that he had save Jeremiah T. O'Sullivan from eminent danger presumably from Mafia retaliation for Jeremiah O'Sullivan's pursued of the Mafia and bringing him down. And that his deal with Jeremiah T. O'Sullivan was a personal one and he was going to protect O'Sullivan in return for being granted immunity for crimes past and future.

T.J. ENGLISH, AUTHOR/JOURNALIST: John Connolly said that O'Sullivan and Bulger pledged allegiance to each other.

That is a pretty significant event, an event, by the way, that was never mentioned or alluded to in this trial. The government didn't want it to be, because, then you would have this very ironic situation of the U.S. attorney's office in Boston, the very office that is currently prosecuting Whitey Bulger, had some kind of corrupt relationship with Whitey Bulger that they're not being forthcoming about.

ZACHARY HAFER, ASSISTANT UNITED STATES ATTORNEY: The notion that a federal prosecutor could tell an organized crime figure that he could kill at will men and women, rich and poor, Boston, Florida, Oklahoma, based on a personal promise to guarantee his safety, is so absurd, so ludicrous, we -- we have run out of word like ludicrous and synonyms to describe it.

UNIDENTIFIED FEMALE: Today, they called to the stand former number two in the FBI's Boston office, agent Bob Fitzpatrick.

BOB FITZPATRICK, FORMER FBI ASSISTANT SPECIAL AGENT IN CHARGE: Kind of upset over the fact that this whole case is predicated on a bunch of people I tried to put in jail.

And the true story is that the criminal justice system has basically been co-opted by Bulger, by Flemmi. Now, certain people are culpable in the FBI, but certain people are culpable in the Department of Justice. So I got to go there and present the truth.

UNIDENTIFIED FEMALE: Former FBI agent Robert Fitzpatrick started at the Boston office in 1981 and said the atmosphere was tense. As assistant special agent in charge, Fitzpatrick evaluated James Bulger's role as an informant.

UNIDENTIFIED FEMALE: Fitzpatrick said surprised Bulger surprised him by saying he was not an FBI informant, that he was never paid anything by the FBI to provide information.

UNIDENTIFIED FEMALE: Fitzpatrick recommended closing Bulger as an informant. But headquarters thought Bulger was too valuable in its quest to bring down the mafia. After several hours on the stand, prosecutors began a tough cross-examination of Fitzpatrick. First question?

UNIDENTIFIED MALE: You are a man who likes to make up stories, aren't you?

UNIDENTIFIED MALE: No.

UNIDENTIFIED MALE: Didn't you gratuitously claim credit for arresting the mob boss Jerry Angiulo?

UNIDENTIFIED MALE: I did arrest him.

UNIDENTIFIED FEMALE: At one point, assistant U.S. attorney Brian Kelly said, "Are you on medication?" Fitzpatrick said, "Yes." Kelly said sarcastically, "Does it affect your memory?" "Not that I recall," replied Fitzpatrick. And several people in court laughed.

FITZPATRICK: Not good.

QUESTION: What do you mean?

FITZPATRICK: I thought the guy was very angry. And I don't know why. He used -- he should have been a lot more professional.

ENGLISH: Bob Fitzpatrick was one of the first to say there is something rotten here and try to call attention to it. He's drummed out of the FBI. Now here he is at this trial. And they really seek to destroy him. They seek to humiliate him. And it was very personal, because when he comes into trial to testify, he is a rebuke to the entire system and to everyone who stood back for 20 years that Bulger was in power and allowed it to happen.

And a lot of people were complicit in that.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

HANK BRENNAN, ATTORNEY FOR BULGER: We know that there was a relationship between the Department of Justice and the success of James Bulger. And nobody wants to tell that story. They protected him for their own reasons for decades. And they're still lying about it.

At this trial, the United States attorney's office has an exhibit. And it's a very important exhibit. It was a memorandum from the special agent in charge in the 1980s by the name of Lawrence Sarhatt. In this memorandum, Sarhatt says that he had a conversation with James Bulger when they met at a hotel. And the government pretends that this memorandum somehow shows James Bulger is an informant. So, during the trial, we learn information that there is a secret safe in the Boston SAC, special agent in charge's office in the C3 unit of the FBI, the criminal division.

And in that safe, supposedly documents would go into it and never come out again. We also learned that there was a secretary who had worked for decades in the Boston FBI. She is 82 years old and still working for the Boston FBI, so she is the person who knows whether or not a secret safe exists.

When we called the secretary as a witness, mysteriously, new documents appeared. While they told the jury and the public this is the truth at this trial, what we learned when we called the secretary is there were other documents that existed.

The same exact memo that the government introduced at this trial, from the same person, exact copy of it, we learned that the memo was not complete, because there is an observation section. Mr. Sarhatt says: "I am not certain that I am convinced the informant is telling the full story of his involvement. Consideration should be given to closing him and making him a target."

So what did they do with this information? Well, the government at this trial leaves that part out until we expose it. What else did they do with the information back in 1980? Well, we have learned from the secretary exactly what they did with that information. The actual memorandum that was given to her, she put in an envelope by direction of Mr. Sarhatt and put in the safe. And it says strictly eyes only. Nobody other than special agent in charge can see it.

And any time a new special agent in charge would come in and take the place of an old one who was resigning or moving on, she would tell them about this document in the safe. And it stayed in that safe for generations of special agents in charge when they took each other's spot.

And one special agent in charge said, get rid of this or we will all get fired. What could be so terrible about this document that they would lose their job, that James Bulger was an informant? Would that be so terrible everybody would get fired, or that they knew he wasn't an informant, they knew that he should have been targeted and he was being protected?

BRIAN KELLY, ASSISTANT U.S. ATTORNEY: The defense complaining about the Sarhatt memo is another desperate tactic, which is another version of let's pretend, because they're pretending they didn't have these documents, which they did.

There is nothing sinister about it. It was disclosed. They had it. And it didn't prove anything, other than the fact that there was the head of the FBI who was concerned about keeping Bulger open as an informant.

If anything, the Sarhatt memo proves Bulger was an informant. He sat with the head of the Boston FBI for four hours and gave him all sorts of information, most of which was useless. But in fact he was reporting it to the FBI. And that makes him an informant.

UNIDENTIFIED FEMALE: The latest twist in the trial of James "Whitey" Bulger.

UNIDENTIFIED MALE: On Tuesday, Stephen Rakes was dropped from the witness list.

UNIDENTIFIED FEMALE: Rakes had been set to testify, but prosecutors told him he was no longer needed to take the stand.

STEVE DAVIS, BROTHER OF VICTIM DEBRA DAVIS: Thirty years of torment, and now it is coming to an end.

Hello. No, I have in been able to get -- I am going by his house later, because I haven't been able to get ahold of him or anything. Yes. He is probably besides himself about it. They took him off the witness list. I tried calling him after court. And his phone right went to voice-mail. I call him all day yesterday, same -- after court. Same thing.

So, I am going to go over. I figure give him a little time to cool down. Yes. Yes. Where? I don't know. What was the body described like? That's him. That's him. I'm going by his house right now. Yes, I will call you right back.

He's dead?

MARYANN DAVIS, WIFE OF STEVE DAVIS: He's dead? What? What? What? What happened?

S. DAVIS: They found him on the side of the road in Lincoln.

M. DAVIS: In Lincoln, Massachusetts?

S. DAVIS: Yes.

M. DAVIS: Who is in Lincoln, Massachusetts?

S. DAVIS: I have to go by his house right now.

M. DAVIS: Oh, my God, no way.

UNIDENTIFIED MALE: Stephen Rakes is a courthouse regular coming each day to the Whitey Bulger trial, waiting for the day when he would testify, but Rakes would never get that chance.

S. DAVIS: See the corruption?

M. DAVIS: Well, wait. Let's not jump to conclusions. Let's say a prayer that he is OK.

S. DAVIS: He's not here.

M. DAVIS: Is his car here, Steven?

S. DAVIS: No. M. DAVIS: Oh, my God. Can you go knock on the door and see?

S. DAVIS: I knew something was wrong, because I talk to him every day. We meet for coffee. You know, and that's got my stomach turned, thinking, is anyone else in danger?

Would his testimony -- I used to say to him, Steve, what do you have to say? I mean, what is it? Oh, you will see. You will see. Believe me, you will see how deep. And the people, you will see.

M. DAVIS: Key witness in the Whitey Bulger trial is dead.

M. DAVIS: A source tells CNN authorities call the death suspicious.

UNIDENTIFIED MALE: We don't know what the cause was, no sign of trauma. Don't know if this was a suicide.

UNIDENTIFIED MALE: It's a very suspicious death. The body is seven miles away from where his automobile was and he did not have any identification on him.

M. DAVIS: They will say cause of death was a heart attack, an aneurysm. You know, and is it? We will never really know.

Do you believe what they tell you, or did something really happen? Do you trust your people that are supposed to serve and protect, when you know what we are living through and what's happened in this family? What is the truth anymore and who do you believe?

(END VIDEOTAPE)

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Prosecutors put former hit man John Martorano on the stand to prove that Bulger's reign was murderous.

UNIDENTIFIED FEMALE: Martorano was perhaps the most feared member of Bulger's Winter Hill gang, testified he was James "Whitey" Bulger's chief execution.

UNIDENTIFIED MALE: Killing was routine. In all, Martorano murdered at least 20 people.

UNIDENTIFIED FEMALE: Martorano served just 12 years in prison as part of a deal with federal prosecutors.

UNIDENTIFIED MALE: The confessed murderer was asked about a number of killings he committed, including the killing of Roger Wheeler, the president of World Jai Alai in Oklahoma.

BOERI: The Jai Alai murders are the heart of this, because they show how ugly and sordid everything became. This is shocking. He's killed in daylight, at a country club while kids at the swimming pool are watching. UNIDENTIFIED MALE: And who was Roger Wheeler?

UNIDENTIFIED MALE: He was the owner of Jai Alai, World Jai Alai. It was a game.

UNIDENTIFIED MALE: Did that game involve gambling?

UNIDENTIFIED MALE: Yes.

DAVID WHEELER, SON OF VICTIM ROGER WHEELER: I never did like him. But the Bank of Boston brought him this jai alai deal. And part of the deal, because I kept asking him about this, is he said -- he said that the FBI keeps it clean. It's run by retired FBI agents that specialized in investigating organized crime. And they keep the mob out.

BOERI: So, Wheeler buys this company, World Jai Alai. Unbeknownst to him, it is infiltrated by the mob already, connected to Winter Hill.

KEVIN WEEKS, FORMER MEMBER, WINTER HILL GANG: World Jai Alai hired John Callahan, a friend of Johnny Martorano, as the president. And they had H. Paul Rico head of security. And Rico was a corrupt ex-FBI agent. And he had relations with Winter Hill.

Callahan is actually the architect who first brought the scheme forward with Rico off to kill Wheeler, and then go to his widow and buy it, buy the World Jai Alai. They would be the owners. And the money was going to be kicked back to Winter hill. Paul Rico reached back to the people back up here they was involved with before.

UNIDENTIFIED MALE: Callahan, he asked me to take out Roger Wheeler.

UNIDENTIFIED MALE: What was your reaction to that?

UNIDENTIFIED MALE: I couldn't do that without everybody else on board.

UNIDENTIFIED MALE: And when you said you had to get everybody else on board, who did you mean?

UNIDENTIFIED MALE: Whitey and Stevie. They said they were on board. Whatever they could do the help, they would help.

UNIDENTIFIED MALE: In the end of it, Johnny Martorano shot Wheeler.

KEVIN CULLEN, "BOSTON GLOBE": There were honest FBI agents in Oklahoma who wanted to get to the bottom of the murder of Roger Wheeler. Whitey Bulger and Stevie Flemmi were implicated. And the FBI in Boston lied to the FBI in Oklahoma and said Bulger and Flemmi had nothing to do with it. They have alibis. We have checked it out. That was a lie. And murderers went free because of it.

UNIDENTIFIED MALE: Do you hold the FBI as responsible as Bulger for the death of your father?

WHEELER: More responsible. The FBI has protected him. They have supervised him. And without the FBI, my father would be alive today.

BOERI: Next person that emerges in this story is Brian Halloran. Halloran facing his own problems. Namely, he's charged with murdering a drug dealer.

He needs help and to make a deal. And so he comes forward, and he can give up Whitey Bulger and Stephen Flemmi, he says, because they were part of a plot to kill Roger Wheeler. So Halloran is a threat to Bulger and Flemmi. They eliminate Halloran. In the process of eliminating him, they kill Michael Donahue, somebody he knew from the neighborhood.

UNIDENTIFIED FEMALE: Of the 19 alleged murder victims, their loved ones have become fixtures at the trial. And, today, Patricia Donahue took the stand.

PATRICIA DONAHUE, WIFE OF VICTIM MICHAEL DONAHUE: All I want to do is clear my husband's name. I did not want him associated with the mafia, with Whitey Bulger, with Brian Halloran.

He wasn't into that. He didn't even know those people. He was innocent. He wasn't in trouble. He wasn't a mafia man. He wasn't a killer. Mike was 32 when he died. He actually would have been 33 in a week. Whitey pulled the trigger. I blame the FBI too.

They knew what was going off to happen. There goes Whitey. I'm serious.

(CROSSTALK)

UNIDENTIFIED FEMALE: Yes.

P. DONAHUE: We will see you in there, you lowlife.

EDWARD T. HINCHEY, DONAHUE FAMILY ATTORNEY: Michael Donahue was murdered simply because he offered a neighbor, Brian Halloran, a ride home. Unbeknownst to Michael Donahue, Brian Halloran at the time was cooperating with the FBI and was about to reveal that James Bulger was involved in the murder of Roger Wheeler.

FITZPATRICK: After the Wheeler murder, Halloran comes in. And he wants to talk. We open him up as an informant. And he begins telling us that this was done by Bulger and Flemmi.

And so I opened up murder cases on Bulger and Flemmi. Now, you have to understand something here. Halloran is giving us the subject. He is telling us this guy is the killer of Wheeler. Bulger is the killer of Wheeler. That's a plus. That is a big plus. They should be very happy, they being Department of Justice and the strike force chief, Jerry O'Sullivan.

And yet they're not. O'Sullivan said, no, I'm not going to put Halloran in a witness protection program. Why not? So, I went over O'Sullivan's head. I went to the United States attorney, Bill Weld. And I said to Bill Weld, Bill, I said, we got a problem. I got an informant, Halloran, that is going to tell us who did this stuff. And O'Sullivan is feeling that he should not be in the witness protection program. I told Weld he is going to get whacked.

HINCHEY: At the same time, John Morris at the FBI told John Connolly that Brian Halloran was revealing Bulger's involvement, when Morris knew full well that John Connolly would convey that information to Whitey Bulger. And he did.

WEEKS: We had received word from the FBI that Brian Halloran was cooperating with the FBI about the Wheeler murder. So, Jim Bulger, and Steve Flemmi, myself and other people go out looking for him. And one day, we got word that Brian Halloran was down the waterfront.

HINCHEY: Michael Donahue happened to have gone down to the pier in South Boston to get fish to use as bait to take one of his sons on a fishing trip. And he stopped to have a beer on his way home. He ran into Brian Halloran, who was his neighbor. He offered to give him a ride home.

WEEKS: So we went down the waterfront. We got the hit car, and weapons, and everyone -- he was geared up and stuff. And I went down ahead. And I sat across the street and watched to make sure Brian Halloran was in fact there.

And when he started coming out, I told Jim Bulger. And Jim Bulger pulled up and he shot Brian Halloran and killed him.

Michael Donahue was an unintended victim. He wasn't supposed to be getting killed. It was Brian Halloran that we were going to kill. But he hung around with Halloran. You want to hang around with gangsters and wise guys, this is what happens.

UNIDENTIFIED FEMALE: Patricia Donahue has spent the last 32 years raising three sons without her husband, Michael. Today, she finally faced his alleged killer, James "Whitey" Bulger.

P. DONAHUE: It was Mother's day. And Tommy had just made his first communion. I was in the kitchen cooking. A news bulletin came on the TV about a gangland slaying. I didn't pay any attention to it, because I knew it didn't concern me.

And I just so happened to look up and see the car. And I said, I think that was his car, I swear. I mean, I was hyperventilating. I was like confused. I'm thinking, oh, my God, where is he? I need to be with him. I don't want him to die alone. I have so much stuff I want to say to him, you know?

And nobody came until 10:00 that night. So when they took me to the hospital, finally, he had already passed. Within days of the killing, FBI agents, they came to my house and harassed me, accused of having an affair with my husband's friend that was staying with us from out of town.

I mean, I was like, what? For months, they used to sit outside my salon. You know, they would sit outside the house. And they would say, how you doing? Have you found out any more information on my husband? No, nothing yet. And the whole time, they knew. And I was devastated, because I did not think that the government was

like that. And you think you know them, and you find out they're not who you think they are.

SHELLEY MURPHY, "BOSTON GLOBE": Plenty of suspects, now not only in the Wheeler murder, but in the Halloran and Donahue murders. And nothing happens.

The FBI decides to look for John Callahan. We need to question John Callahan. He is the other guy who was also implicated in the murder of Roger Wheeler. They're hunting for him to question him. And then he is murdered. Again, nothing happens. The FBI in Boston, who do they send out to question Bulger and Flemmi? John Connolly, their handler, because we know he is objective, right?

TOMMY DONAHUE, SON OF VICTIM MICHAEL DONAHUE: The FBI, they haven't been on our side since the day they killed my father. Took them four- and-a-half-hours to come to my house to tell my mother, my mother, whether my father was dead or alive. They covered up the murder of my father, helped pretty much set it up. It's shameful. It's shameful.

I think the FBI is worse than the mafia. They're the most organized crime family on the planet, who can do whatever they want, change the laws when they want. And they're not to be screwed with, to be honest for you. We have seen that firsthand.

QUESTION: Tell us what it was like to be on the stand today, look into Whitey Bulger's eyes.

P. DONAHUE: Well, I looked right at him. But, of course, he wouldn't look at me. So, as far as I'm concerned, he is a coward. He can kill people and not look the victims in the face. That's a coward. That's a coward.

QUESTION: You have been saying you're getting more answers from his defense team.

P. DONAHUE: I am. I am.

QUESTION: And then J. Carney comes up and he asks some questions that are really meant to benefit Whitey. Does that put you in a strange position?

T. DONAHUE: The questions that Carney was asking my mother, those are questions the government should be asking my mother.

Did you notice the government stood up and blocked everything, every question that he asked? They don't want us to know anything. It was blunt right there. Carney was asking questions to help us, and we were getting blocked by the prosecution.

Where do we go here, folks?

(END VIDEOTAPE)

(COMMERCIAL BREAK) UNIDENTIFIED MALE: In the early '90s when Fred and I first started

working on this case, it was strange to us, to say the least that Bulger had been allowed to run amok in the city of Boston for so long. We suspected Bulger had some relationship with the FBI that he was using to prevent prosecution of himself. It was in that atmosphere that we began the case and targeted him. And we worked with Tom Foley, also Tom Duffy from the state police.

UNIDENTIFIED MALE: So what we decided to do was follow the money. And what we started targeting was a bottom-line bookmaker. With some of the informants that we had. We put up a bunch of wiretaps. We started climbing up these bookmakers' organizations until we actually had the highest level, where that bookmaker doing the handoff to Bulger and Flynn as far as payments go.

UNIDENTIFIED MALE: It took Brian and I about four or five years to get there. By 1995, we had our first racketeering indictment.

UNIDENTIFIED MALE: Back then, Fred took a lot of hits over the years. And he had the courage to go up against the system. Brian Kelly, too. There was many, right inside the U.S. attorney's office that were in denial. Didn't want to see this come forward. And they said, "Well, we're going to wait. And we'll do a joint investigation with the FBI."

And I knew at that time, that this was, another stall tactic. And I told them that, I said, "OK. That's the way you want to go. But the state police's position publicly will be, you had the opportunity to indict them, and you didn't indict them."

So they went back and had another huddle with the U.S. attorney. And they came back. They said, "OK, the indictment. We will indict them." But they insisted that the FBI participate in the arrest.

So state police targeted Fleming. The FBI said they will take Bulger. And then one night on January 5th, we found Fleming. And we arrested him on the streets of Boston. And we notified the FBI, "OK, grab Bulger." And that was the end of that. They never had Bulger, didn't know where he was. And, it was 16 years later before we saw James "Whitey" Bulger again.

We expected that he was tipped off. And we found out later that that's what happened. One of the FBI agents in Boston told John Connolly that the indictments were coming down. And he passed the information along to Bulger.

After months of sitting in jail, Steven Fleming realized the FBI and John Connolly were not coming to his rescue. And he decided to out himself and Bulger's FBI informants.

UNIDENTIFIED MALE: Did you have any idea that Fleming was an informant until he revealed it in a court hearing in 1999?

BULGER (via phone): I didn't know that Stevie did that. I had no idea. And when I heard it I was shocked. I mean, Stevie was like my brother. I mean, I was so close to him. He fooled me. He fooled the mafia. He fooled Johnny, everybody. I mean, I was shocked. 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 (UNINTELLIGIBLE)."

UNIDENTIFIED FEMALE: It was a tense reunion, 18 years in the making. Finally, James "Whitey" Bulger and his partner, the Steven "The Rifleman" Fleming were reunited as Fleming took the stand against Bulger.

UNIDENTIFIED MALE: Steven Fleming is to be the most critical witness in this case.

UNIDENTIFIED FEMALE: In rapid fire succession, Fleming described Bulger's alleged role in a string of killings during the 1970s when both men were leaders of the Winter Hill Gang.

UNIDENTIFIED MALE: Fleming 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 Fleming.

UNIDENTIFIED FEMALE: Hank Brennan grilled the government witness on a sexual relationship with his then-girlfriend, teenage daughter, Deborah Hussey.

UNIDENTIFIED FEMALE: Fleming says Deborah Hussey turned into a drug user and an embarrassment, so they had to kill her.

UNIDENTIFIED MALE: At Bulger's trial Friday, Fleming said Bulger murdered Fleming's girlfriend, Debra Davis, after the two men decided she knew too much.

UNIDENTIFIED FEMALE: Fleming claimed Bulger decided Davis had to be killed. "I couldn't do it," Fleming testified. He said Bulger said, "I'll take care of it. I'll do it." He grabbed her around the threat and strangled her.

STEVE DAVIS, BROTHER OF DEBBIE DAVIS: My sister Debbie, she dated Steve Fleming for over nine years. She loved him. She did love him. But at one point she wanted to get married. She wanted kids. My sister wanted kids.

It was just, rocky road from then on.

She said, "I'm leaving. I'm leaving the state." And I think Whitey would have taken that as a threat. You know, her taking secrets or whatever with her.

UNIDENTIFIED MALE: Fleming became more and more defensive and more and more resistant to the questions as Hank Brennan just cut into him.

Fleming is a well-rehearsed witness now, because he's testified in three trials, 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 the third proceeding, he said he thought that Bulger had her in a headlock. DAVID BOERT: 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.

UNIDENTIFIED MALE: 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 (via phone): No way. Those were Stevie's girlfriends. That's his problem. Had nothing to do with me. Nothing.

UNIDENTIFIED MALE: Do you feel he was fully capable of committing these by himself?

BULGER: Christ. Well, one of the guys asked him something about a murder. He says, well, he's been involved in so many murders he has to say to the guy, "Well, show me the list." He needed a list to show him what murder are you talking about? I mean, this guy here is -- I think he's insane myself, Stevie.

KEVIN CULLEN, COLUMNIST, "BOSTON GLOBE": 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.

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE: Today could end up being an extremely interesting day at the trial of James "Whitey" Bulger.

UNIDENTIFIED FEMALE: The big question is whether or not Whitey himself will take the stand?

UNIDENTIFIED MALE: Will James "Whitey" Bulger take the stand? Everybody is waiting on bated breath to find out.

UNIDENTIFIED MALE: My prediction is he will testify. He looks so bad if he doesn't.

HANK BRENNAN, BULGER'S LAWYER: Today is the big day. It's the end of a case. And I want to let him know that I will be with him. I'm behind him no matter what decision he makes. If he wants to testify, then we might have him step behind. If he doesn't, then I totally understand, as well.

UNIDENTIFIED MALE: The defense was hoping to present a defensive immunity. That Bulger had been given immunity by the former U.S. attorney. But before the trial they got the answer from this judge. No, they couldn't. They were stripped of that defense. UNIDENTIFIED MALE: 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.

UNIDENTIFIED MALE: In courtroom 11, a moment of high drama. Whitey's lawyer stood up and said the defense rests.

UNIDENTIFIED FEMALE: Carney (ph) says Bulger will not take the stand.

UNIDENTIFIED MALE: When the judge asked if he made that choice voluntarily, but he stunned everyone.

UNIDENTIFIED MALE: "I'm making the choice involuntarily," Bulger said.

UNIDENTIFIED FEMALE: "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."

UNIDENTIFIED MALE: "For my protection of his life, in return he promised to give me immunity."

UNIDENTIFIED FEMALE: And as Judge Casper said, she already ruled Bulger's immunity claim was inadmissible, he said defiantly...

UNIDENTIFIED MALE: "As far as I'm concerned, I didn't get a fair trial. And this is a sham."

UNIDENTIFIED MALE: And do what youse want with me. That's it. That's my final word."

UNIDENTIFIED FEMALE: At that point, Patricia Donahue throws up her seat and yelled, "You're a coward."

PATRICIA DONAHUE: 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've think that the government has done wrong by you, then get up there and talk about it.

BRIAN KELLY, ASSISTANT U.S. ATTORNEY: At the end of the day, Bulger's immunity claim was a ridiculous claim. 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."

UNIDENTIFIED MALE: So many people have the opinion that -- the idea of whether or not he was an informant or not is irrelevant. And yet, this is the central issue in this case.

BRENNAN: The truth is that James Bulger was not informing. And the reason why it's dangerous for the Department of Justice to recognize the fact that he wasn't an informant is that, if Mr. Bulger was just paying a dozen people on the FBI as he was and headquarters didn't do anything about it and the supervision wasn't there and they didn't do the yearly reports, they didn't do the yearly reviews, it then calls into question all the affidavits that he's on. It calls into question all convictions they had.

UNIDENTIFIED MALE: Think about the implications. Think about what happened in the 1980s. The crown jewel of the Department of Justice was to get the Italian mafia. They wanted to infiltrate the headquarters of the Angiulos on Prince Street in the North End. They needed affidavits. And what did they do? They used James Bulger's name, even though we now know he didn't give them any information. Their own witnesses will admit that. He was simply added onto search warrants and affidavits as a courtesy to John Connolly.

So what would happen when the federal government admits that he wasn't part of these search warrants? Every attorney who represented every mobster would sue the federal government. They'd lose all their convictions. They'd lose all the jail time, all the sentences. All these accolades that attorneys and lawyers and FBI agents earned, their reputations they earned, they would be gone. They're not going to give that up.

And probably most importantly is the civil liability to the families. That's why you have this resounding unrest with the families. They've lost loved ones. And at some point there has to be closure. They are entitled to closure, as citizens. This government will give them no closure, because they have this pretense they have to keep for their own image that James Bulger is an informant, rather than saying, "We sanctioned this. Not just with James Bulger. We sanctioned organized crime figures to go out and kill. And we protected them. And we did it before. We did it here. We're going to do it again. And we have done it again." They can't admit that.

So these families suffer over and over and over again with never getting the answer. Are they going to overturn convictions and let everybody go? Are they going to be civilly liable for their lies? Are they going to prosecute themselves? It's never going to happen. So he has to be an informant.

UNIDENTIFIED FEMALE: Prosecutors and defense attorneys for Boston mobster James "Whitey" Bulger get their last chances today to try to persuade jurors in Bulger's murder and racketeering trial.

UNIDENTIFIED FEMALE: WBOR's David Boeri joins us this morning. Good morning.

BOERI: Good morning, Deb.

UNIDENTIFIED FEMALE: OK. Now both sides get three hours to sum up their cases. What are they going to do with all that time?

BOERI: An extraordinary amount of time. That's for sure. And as a matter of fact, the government said it needed more time.

UNIDENTIFIED MALE: James Bulger is one of most vicious, violent, and calculating criminals ever to walk the streets of Boston. It doesn't matter whether or not Mr. Bulger was an FBI informant. It's about whether or not the defendant is guilty of the crimes charged in the indictment. He's the one on trial here, not the government. Not the FBI. James Bulger.

BRENNAN: We think about our government as an institution. This faceless organization. Our government is not them. Our government is us. At what point as citizens do we say, "You know what? There has to be accountability"? You tell them that.

BOERI: I've been on this story for so long. And I've never seen such depravity in a courtroom. We have a situation where an institution of the government decided that, in order to achieve a goal which was questionable at best, they decided who was going to live and they decided who was going to die. And they empowered those people that were carrying out terror. They empowered them. They gave them the run of the city. That was lawlessness by the government. That is what we can never forget. And that's why -- that's why I am proud to have done -- done this story.

You know, because it's just -- it's something you can't forget. And memory is really important. You know, memory is a political act. And I think as reporters you've got to keep the memory, even for the people, on it (ph).

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE: The United States versus James J. Bulger is over.

UNIDENTIFIED FEMALE: This trial has been going on two months. The jury has been deliberating the last five days.

UNIDENTIFIED FEMALE: The jury has made a decision in this case. And we are waiting to see exactly what it is.

UNIDENTIFIED FEMALE: Whitey Bulger faces possible maximum life in prison. We say the caveat: this man is 83 years of age.

UNIDENTIFIED FEMALE: Bulger is standing right now in the courtroom as he hears the words, to count one for racketeering, conspiracy, guilty.

UNIDENTIFIED FEMALE: For count two, we're just waiting here for word out of the courtroom that it is guilty verdict, as well, on count two. Now within the second one, were all of these acts. That includes all of the acts of murder. Racketeering, act No. 1, that was not proven.

UNIDENTIFIED MALE: For racketeering act No. 2, we're hearing that is not proved. Racketeering act No. 3, not proved.

UNIDENTIFIED MALE: No. 4, not proved. Five, not proved.

UNIDENTIFIED FEMALE: Narcotics distribution conspiracy.

UNIDENTIFIED MALE: That is proved.

UNIDENTIFIED FEMALE: The extortion of Stephen "Stippo" Rakes and Julie Rakes. UNIDENTIFIED MALE: People, we're waiting on this. That is proved.

UNIDENTIFIED MALE: The conspiracy to murder Roger Wheeler. Proved.

UNIDENTIFIED MALE: The murder of John Callahan is also proved.

UNIDENTIFIED MALE: Next, the murder of Brian Halloran, proved.

UNIDENTIFIED FEMALE: Then we have the murder of Michael Donahue.

UNIDENTIFIED MALE: Proved.

UNIDENTIFIED MALE: Murder of Deborah Hussey.

UNIDENTIFIED MALE: Proved.

UNIDENTIFIED FEMALE: The next one, very important for Steven Davis. The murder of Debra Davis, no finding.

UNIDENTIFIED MALE: Whitey Bulger was convicted on 31 out of 32 counts of racketeering, conspiracy, murder, extortion and other charges.

UNIDENTIFIED FEMALE: But the jury found that the government only proved the murders of 11 of Bulger's 19 alleged victims.

UNIDENTIFIED FEMALE: The jury convicted Bulger of -- it's 31. They acquitted him of one count.

UNIDENTIFIED MALE: As theater, the trial delivered. But ultimately it was a disappointment to me. Those of us journalists, interested parties, who have been following the Bulger story for decades had kind of hoped this trial was going to be a final accounting of the Bulger era, of all the things that made Bulger possible. I think it fell far short in that regard.

UNIDENTIFIED FEMALE: With the conviction of James Bulger, we hope that we stand here today to mark the end of an era that was very ugly in Boston's history.

BULGER: Jesus Christ almighty, this is baloney. And that's why I says this is a sham trial. I think the feds have the green light. Nobody ever checks on them. The media is not there. Like they would like the public to believe they are. These reporters are hand-fed stuff from the FBI agents. And then they write crime stories. They write books and everything else. They're hand in fist with them.

The one thing they all know is it works. It works. It gets convictions. There's no lessons learned. You can't get a fair trial. You can't get a fair hearing. This system here, it isn't going to change. It isn't going to change. It will never change.

UNIDENTIFIED MALE: Whitey Bulger is a vicious, venal murderer. But he was enabled by the FBI and the FBI was enabled by the Justice Department. And to the day, the Justice Department, as far as I'm concerned, was engaged in a cover-up to minimize the extent of FBI corruption. UNIDENTIFIED MALE: To know that this is how you're treated as an

American citizen. When FBI agents protect killers, and come and take your loved one's life. You could be sitting here, don't you want to know what really went on? Why they really did it?

UNIDENTIFIED MALE: If everybody told the truth, everything would come together. But everybody fashions things to benefit themselves. Which is natural, I guess. But everybody is trying to twist the story a little bit. No one's really going to know the truth until everybody starts telling the truth. That's what it comes done to.

People are going to have to come to their own conclusions. You know, there's going to be people out there that believe that Jim Bulger was an informant. There's going to be people on the other side of this say he wasn't informant. People are going to say he didn't murder women. Other people say he did murder women. So the true story will never be known.

UNIDENTIFIED MALE: Today was a good day for a lot of families. But today also wasn't a good day for a lot of families. My heart goes out to them, and I would look to do a cheer for them. And we will not forget you. One person who should be here, how about we give a nice cheer for Stevie Rakes!

UNIDENTIFIED MALE: Yes, I hold the FBI responsible. Good God, they protected this man. Now, you know, years later we find out everything that he's been doing and getting away with it? Listen, it takes a -- it takes a village to raise a child. For all the destruction that this Bulger and Fleming have done, it would take a battalion to cover it up. So where are they all?

GRAPHIC: James "Whitey" Bulger was sentenced to two consecutive life terms plus five years. He is appealing his conviction.

Bulger's girlfriend Catherine Greig is serving an 8-year sentence after pleading guilty in 2012 to aiding and abetting a fugitive.

Authorities determined that the murder of Stephen Rakes was unrelated to the Bulger case. His coffee was poisoned with cyanide by a business associate.

The FBI declined to be interviewed for this film.

This film is dedicated to the families of: Arthur "Bucky" Barrett, John Callahan, Richard Castucci, Edward Connors, Debra Davis, Michael Donahue, Brian Halloran, Deborah Hussey, Thomas King, Francis "Buddy" Leonard, William O'Brien, James O'Toole, Al Plummer, James Sousa, Roger Wheeler, Paul McGonagle, John McIntyre, Michael Milano, Al Notorangeli.