'Whitey' Bulger Defense Begins Without Him

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Kelly continued to rip into Fitzpatrick's credibility, telling the court he had been demoted from assistant special agent in charge to line agent and that his performance reviews were abominable.

"Did you get a letter from the director of the FBI himself about your deplorable conduct?" Kelly asked.

"Yes,'' Fitzpatrick told the court.

"Mr. Fitzpatrick, isn't it fair to say that you made up FBI reports about interviews that didn't happen?'' Kelly asked.

"No,'' he answered.

"That's what caused you to leave the FBI?'' Kelly continued.

'The reason I left the FBI is because it was corrupt at that level,'' Fitzpatrick stated. He resigned from the FBI in 1986.

Kelly then questioned Fitzpatrick about his claim that he found the rifle that was used to kill Martin Luther King.

"I was the first FBI agent at the scene. I found the rifle,'' Fitzpatrick told the court.

Kelly retorted that the FBI's website did not mention Fitzpatrick in its report on the Martin Luther King assassination and told the witness he was little more than "a courier" who transported the murder weapon which was found by police officers.

On Tuesday, the defense is expected to call Pat Nee, who has been named by government witnesses for his involvement in Bulger's Winter Hill Gang murders. But Nee is expected to plead the fifth.

Confessed hitman John Martorano, who talked freely about murders he carried out allegedly at the behest of Bulger, will also be called back to the stand to talk about the murder of Debbie Davis, who is one of 19 people Bulger is accused of murdering.

If Bulger does not take the stand, jurors could get the case as early as the end of the week.

But in a late motion this morning Bulger defense attorney J.W. Carney asked the court to sequester the jury for the weekend, a request she denied. But the request led to speculation that Bulger would be taking the stand.

Carney has refused to confirm or deny whether his client would testify.

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