Bulger trial: Day 2 of deliberations and still no verdict
BOSTON (MyFoxBoston.com) – After five questions and an afternoon of high drama, jurors went another day without returning a verdict in the case against James "Whitey" Bulger.
Just before breaking for the day, jurors asked the court if they had to return unanimous proven or not proven decisions on 33 acts of Bulger's second racketeering charge.
Attorneys on both sides agreed that jurors had to be unanimous in their deciding of the acts, but could move on to the next act if they weren't able to reach a unanimous decision. Only two of the 33 acts, occurring within 10 years of each other, must be proven for a guilty charge on the count.
Earlier in the day, jurors asked the court whether or not the state statute of limitations on conspiracy to murder charges applies to Bulger's federal racketeering indictment. Five conspiracy to murder charges are included in Bulger's second count of racketeering.
Casper informed jurors that all of the charges brought against Bulger were done so within the applicable statute of limitations. Casper also provided jurors with their own copies of her instructions to clear up questions they had about aiding and abetting and joint venture.
Mystery clouded the courtroom for about 2 1/2 hours Wednesday afternoon as attorneys from both sides, including U.S. Attorney Carmen Ortiz, appeared in court on three separate occasions to meet with Casper at sidebar before she put the court back in recess.
At one point, a court clerk left the courtroom in the direction of the juror area with a yellow piece of paper. Jurors were not present for any of the meetings and no one shed any light on what occurred during them.
Defense attorney Hank Brennan only smiled as he walked out of the courtroom after the first meeting. Prosecutor Brian Kelly would only say, "Now we wait."
Jurors deliberated until 4:30 p.m. before being dismissed for the day. They will return at 9 a.m. Thursday.