BOSTON â Lawyers for reputed gangster James "Whitey" Bulger asked a judge Monday to delay opening statements in his racketeering trial so they can investigate a claim that law enforcement protected a hit man who is expected to be a star prosecution witness.
Bulger attorney J.W. Carney Jr. accused prosecutors of engaging in a "cover-up" of an allegation that John Martorano, who admitted killing 20 people, has committed crimes since his 2007 release from federal prison and has been shielded from investigation. Carney asked prosecutors to turn over all documents related to the allegation.
Carney said the allegation was made by a 20-year veteran of the state police who complained in an anonymous letter that his attempts to investigate Martorano were "stymied," in particular by state police Lt. Steve Johnson, one of the lead investigators in the Bulger case.
"The only thing that this can be called is a cover-up," Carney said.
Prosecutors opposed the delay, saying that the allegation was "thoroughly debunked" after an internal investigation by state police. They said the complaint was made by a disgruntled state trooper who falsely accused another trooper of ignoring allegations against Martorano.
"Mr. Martorano will not testify in any fashion that he was told or promised by any member of the government team ... that he could commit crimes and that the government would cover it up," said Assistant U.S. Attorney Fred Wyshak.
"That's fantasy, it's a fiction, it did not happen," he said.
U.S. District Judge Denise Casper did not immediately rule on the motion. The judge had said she hoped to have opening statements Wednesday.
