Wendy Murphy: "I'll Represent Whitey Bulger for Free!"

By Wendy Murphy

Editor's Note:   On June 22, 2011, 81 year old Whitey Bulger was arrested at the apartment he had lived in for fifteen years in Santa Monica, California, along with his girlfriend Catherine Greig. He was wanted for racketeering (under the Racketeer Influenced and Corrupt Organizations Act (RICO)), 19 counts of murder, extortion, money laundering, conspiracy and narcotics distribution. Bulger was listed as a fugitive on the Federal Bureau of Investigation (FBI) Ten Most Wanted Fugitives list since his disappearance in December 1994.  (Wikipedia)

In all the legal wrangling about who will represent Whitey Bulger and who will pay the bill, it's hard to find anyone who gives a damn about the taxpayers who have already spent a fortune on a long list of expenses. From lawsuits against the government for the FBI's lies, to public defenders for all the Whitey confederates who managed to become indigent right around the time they got caught, the public has MORE than paid its share of the bill for justice.

It's not too much to ask that the spigot of public funds be shut off at this point, yet Bulger has a right to due process, which means he is entitled to funding for an attorney if he cannot afford one.

Calling the guy indigent when he was captured with 800k in cash is a tough pill to swallow. The feds seized it and claim an exclusive right to keep the money as "forfeiture" proceeds, but the feds have dirty hands and their illegal actions in the past have cost the public tens of millions in lawsuits and corruption trials. If the feds can't see the moral reason to spread some of that money around, a judge should bring a gavel to bear on the issue and force them to give some of the 800k to Whitey's victims, and some to his attorneys.

The truth about forfeiture money never seems to make the front page, but everyone in the business has heard stories about the infighting that goes on about where the money goes, and who gets to direct it.
No matter what the law says, this case is an exception and the court should find a way to share the funds because an awful lot of people are watching and we can't stomach more monkey business when it comes to Bulger's dirty money.

If some federal judge can't find the chutzpah to do the right thing, I hereby offer to represent Whitey for free. Seriously. The guy is on his last legs - he waived his Miranda rights and has little, if any, bargaining power because we know almost everything about the atrocities he committed and how he got away with it for so long. In other words, there's nothing in dispute that needs a big trial so we can uncover the truth.

Maybe there's more to learn about who helped him hide so well for all these years, but so what. Those investigations can continue after Bulger pleads guilty. He has no reason to divulge information at this point because he's going to die in prison no matter what. In plea bargain land, even if he tells more about what he knows, we're talking about a deal that will net the guy 200 years instead of 800. It's all academic at this point - and Bulger knows it.

All of which explains why I can effectively represent him for free. I'm not a criminal defense attorney but he has no choice but to plead guilty and even a law student can handle the pro forma nature of a guilty plea.

If Bulger actually needed a trial attorney, the guy now on board, Max Stern, would be a good choice. He's smart and he knows how to challenge evidence, try a case and make deals behind the scenes. But Whitey doesn't need a Max Stern. He just needs someone to hold his hand as he admits his guilt to a couple of dozen murders and gets hauled off to prison. That I can do - even though I don't generally represent accused criminals. I'm fully qualified and ready to be Bulger's lawyer on this case because he's entitled to justice, and in this case, justice means admitting guilt sooner than later. This will save taxpayer money and help victims' families put the whole sordid mess to rest once and for all.

Bulger might not want a victims' rights lawyer like me to represent him, but the constitution doesn't entitle him to counsel of choice - only "effective" representation, and what could be more effective than getting the guy to admit his guilt quickly? OK, maybe I mean efficient, but close enough.

Funny thing is, countless defense attorneys far more qualified than I are champing at the bit to be Whitey's lawyer simply for the free PR. But our system isn't designed to take advantage of such generosity - and the lawyers who WOULD do it for free won't say so out loud because they know there's money to be had in addition to free publicity.

A judge with guts would appoint me, realizing that as soon as I offer to do it pro bono - 100 more qualified lawyers will step up and make the same offer. A judge with guts would care about protecting the public coffers. A judge with guts would know that the end game in this case is already on the table - and he or she would be smart enough not to sign a blank check allowing Max Stern and some co-counsel (that's right - the public will be forced to pay TWO fancy lawyers because it's a murder case) to spend upwards of 500k pretending to work on a defense that will never materialize because it's so obvious that Whitey has no choice but to plead guilty.

It would be one thing if spending a fortune on defense attorneys could lead to plea negotiations that might matter. For example, if this were a single murder charge against a guy in his forties, paying Max Stern to work on a defense strategy for a couple of years might force the feds to reduce the charge to manslaughter, and the guy would get out of prison while he still had life left to live.

But the charade that a defense is even viable in this case does not pass the smell test, not only because the truth is already known and there have been too many murders to justify wasting time on an expensive trial, but also because Bulger will not live long enough to make even a cheap trial worth the cost.

If justice means truth and fairness, Bulger will plead guilty before the summer is out, and if I were his lawyer he would be a convicted murderer doing multiple life sentences before the kids go back to school in September.
But I'm betting my benevolent offer to make that happen will be rejected. I'm thinking Bulger will die before the case is even scheduled for trial, and Max Stern will have a new summer home on Nantucket - a gift from taxpayers.

Wendy Murphy is an ex-prosecutor who specialized in child abuse and sex crimes cases. Purchase her powerful book And Justice for Some through Amazon or Barnes and Noble. Wendy is an adjunct professor at New England Law|Boston where she teaches a seminar on sexual violence and directs two projects she developed in conjunction with the school's Center for Law and Social Responsibility.

Investigation 101: Law Enforcement and Families Must Unite

By Tad DiBiase

As a former homicide prosecutor and now consultant on murder cases, I often hear complaints from victim's families about how they are treated by the police. The complaints repeatedly center on a number of issues.

• First, that the police aren't providing the family with enough information or that they fail to keep the family in the loop on where the investigation is. 
• Second, families complain that the police haven't followed up on the leads they've provided. 
• Third, families complain that the police don't want to accept help from outside parties, be they other law enforcement agencies such as the FBI or state investigative bureaus or retired detectives or consultants and third party search groups. 

It has always struck me that in going behind these complaints, that both the victims' families and the police are partially to blame for these complaints. But more importantly, the solution to these complaints is often straightforward. 

First, it is incumbent upon the police to keep the family informed. Whether the investigation is a day old, a year old or a decade old there should be regular communication between the lead investigator and a family member. The family should assign one member to handle the police communications so the police aren't bogged down by replying to several different family members. Having one member keeps the communication clear and enables the police to tell others who inquire about the investigation to contact that family member. 

Obviously the longer an investigation goes on, the more infrequent the communications but it's hard to imagine any investigation (this is a murder after all) that doesn't warrant a call to the family once every two to three months. 

Second, the complaint that the police aren't following up particular leads can have merit. Police do often fail to really listen to the family about who may be responsible for a loved ones death. Investigators need to constantly go back to the family and ask, "Is there anything we missed? What else or who else is out there?" Often leads come to family well after the victim's murder or disappearance when a guilty conscience finally gets to someone. On the other hand, families need to let the police do their job. They are paid and trained to investigate and even a rookie police detective has more training to do an investigation than virtually any regular citizen. Often investigative methods are so sensitive to reveal them even to a family member can jeopardize their success. 

Finally, yes the police are often reluctant to seek outside help. Whether it's true or not (and I suspect it's usually not) the FBI has a reputation for taking over a case and leaving the local law enforcement authorities behind. However, virtually any investigation, especially as leads grow cold, can benefit from fresh eyes and most small departments are ill equipped to handle complex, long term cold cases. 

Having faced skeptical police departments myself during my role as a consultant, it's obvious that many departments ask themselves about the motives of any volunteer. "You in this to help or to get your name in the paper?" Any non-law enforcement group should be viewed skeptically but there are groups that want to help without pay or glory. 

In the end, a fractured relationship between a family and the investigating authorities makes a challenging case even more difficult to solve. And in the end, both families and law enforcement want the same thing: justice. 

Tad DiBiase is a former US Attorney who has successfully prosecuted cases of murder without a body.  To learn more, visit Tad's website:  http://nobodycases.com

Who Really Cares About Missing Persons?

Everyone reads the headlines when a body is recovered or remains are found.  Like rubber necks at an accident scene, we want to know what happened and why in all the grisly details.  The media covers the scene, hovering around like bees to honey trying to get the inside scoop and be the first to report along with pictures and video.   A body is brought forth, identified and justice is served.  As if reality was that simple!

When it comes to missing persons, in most cases, headlines aren't screaming, the public gives a cursory look and then goes on to then next page.  The news is covered with the young, blond white girls from good families and the talk shows are brimming with family members eager to be a part of something that may give their loved one the exposure needed to remind us not to forget.  It looks like these missing persons are getting much deserved coverage, but what is reported is only the tip of the iceberg.

The general public has no clue of the scope of this global epidemic.  According to figures from the FBI, there are almost a million missing persons reported each year.  That number is growing year by year.  How does this happen?  How can that many people be unaccounted for?  Yes, many are teen runaways, many are just looking to start a new life, but many more are never found until it's too late.  Human trafficking and sex slavery is now coming into the forefront of the news as more and more young people and children are vanishing without a trace.

What's Going On In Chicago?

Recently the case of 12 year old Chicago girl, Jahmeshia Connor, who was found dead in an alley after being missing almost two weeks, has sparked a flame under Chicago media.  After facts of the case were brought to light by online writers, it seems the media is reporting one missing person after another from the Chicago area.  Is it a coincidence?  If it had not been for the watchful eyes of Susan Murphy Milano, and organizations like Peas in Their Pods, LostNMissing, Inc., Peace4 the Missing, Please Help Missing Children and others, Jahmeshia Connor and those that have followed may have been relegated to nothing but a report filed by the family.

Who has been searching for these girls?  Some of them have been missing quite some time, longer than would be expected, and some families did not file missing persons reports immediately, some probably following the advice of a police officer that told them to wait and see.  THERE IS NO WAIT AND SEE WHEN A PERSON IS MISSING!  The public's misconception is there is a mandatory waiting period, that is false.  All police departments are to take a missing persons report on the spot, with the facts stated by those who know the person and the circumstances of their disappearance best.  Time is always of the essence.

Myths and Legends

There is also a definite misconception in the way most parents view the nation wide Amber Alert.  Most think that if their child is missing all they do is dial 911 and it's issued.  That's another myth.  There are strict guidelines that must be followed and criteria that must be met before an Amber Alert is issued.  Many children do not qualify.  Many missing children fall through the cracks of the system and families are disappointed, rightly so.  This gap in the system has forced organizations like Peas In Their Pods to generate the "Rilya Alert" when a child is missing.  Regardless of age, sex, ethnicity, or circumstances, as long as a police report has been filed, a Rilya Alert will go out, indicating to a growing network to get the word out and find this child!

Cases of missing adults present an even more complicated set of predicaments.  The circumstances of an adult going missing varies more than child abductions or teen runaways.  An adult has the right to leave a family and start a new life, as unfair as this sounds, there is nothing a spouse or children can do about it according to the laws of the day.  This makes filing a report and expecting an investigation by authorities redundant.  In most cases a family member has to take on the task of investigating and tracking down their missing adult.

Yes, They Care


So who really cares about missing persons?  Fortunately for family members there are organizations like CUE Center for Missing Persons, Project Jason, 411 Gina, Track Missing, Texas Equusearch and others who devote time and resources to step in and search.  Searching for a missing person is only one facet of the tasks these organizations perform.  They work closely with the law enforcement agents in charge, they organize posters and awareness campaigns, they comfort and support the families, often at their own expense.  They train search and recovery teams, both human and animals, to perform the job of bringing a loved one back to the family that cares for them.

Even if we don't have a missing loved one, how long does it take to stop, take a harder look at a poster hanging in a store or on a telephone pole?  Everyone can do a small part in aiding these families by paying attention, look at a situation that isn't right, and do something to correct it.

Laws are being presented to Congress that will insure that missing persons cases will be handled in a more uniform manner.  By supporting the passage of The Help Find The Missing Act (HR3695 Billy's Law) we are showing our support for the families of missing loved ones.  We are also giving a name to the thousands of unidentified remains that are housed all over the country and reconnecting them with their families.

When a person goes missing there are so many victims.  A whole family, a whole community and a whole country are subjected to the fears, anxieties, and worries about a person who is gone.  Who really cares about a missing person?  Mothers, fathers, sisters, brothers, aunts, uncles, cousins and friends, and many, many strangers who step up daily to help and support.

CUE Center's website says it best:  "Every missing person is somebody's child."

Innocence Lost

By Gaetane Borders

In the news this week was the story of an adorable 5-year-old girl named Shaniya Davis. The whole world was, seemingly, glued to the news networks because it had been reported that Shaniya had been abducted.

There was hope that she was still alive because a surveillance photo of her being carried by a man into a hotel elevator was released. The man in the video was 29-year-old Mario Andrette McNeill.

By now the world knows that, sadly, Shaniya’s body was found in the woods located near Walker Road off of N.C. 87. Her mother, Antoinette Davis was charged with human trafficking, felony child abuse involving prostitution, filing a false police report and interfering with a police investigation. Mario McNeill was arrested on first-degree kidnapping charges. The unthinkable was brought to light! A mother allegedly sold her child for sex. Her baby… How could this happen? Surely it was an isolated incident…right?

Shaniya’s tragic story is disturbing to say the least. Yet, unfortunately, it is not unique nor uncommon. However, it has forced people to acknowledge that this sort of thing does ABSOLUTELY happen. The image of her…helpless, scared, and petite…being carried by McNeill is graphic and visual proof that there are individuals who prey on children of all ages. Despicable, nauseating, infuriating…but a reality of the world in which we live.

The fight to end the issue of the sex labor industry is not a new one. The Innocence Lost National Initiative started in 2003 to address child sex trafficking in the U.S. Recently, the FBI, its local and state law enforcement partners, and the National Center for Missing and Exploited Children (NCMEC) worked together as part of the Innocence Lost National Initiative. The operation included enforcement actions in 36 cities across 30 FBI divisions around the country, and led to the recovery of 52 children who were being victimized through prostitution. Additionally, nearly 700 others, including 60 pimps, were arrested on state and local charges. To date, the 34 Innocence Lost Task Forces and Working Groups have recovered nearly 900 children from the streets. The investigations and subsequent 510 convictions have resulted in lengthy sentences, including multiple 25-years-to-life sentences and the seizure of more than $3.1 million in assets. Yet, this is only the tip of the iceberg. The FBI estimates that well over 100,000 children and young women are sex trafficked every day.

So now that we have acknowledged that this crime is prevalent…let’s talk about it in more specifics. Who are these heinous individuals that buy and sell children? They are called traffickers, and are defined as those who recruit, transport, receive, and exploit victims, often using force, threats, or other physical and psychological methods of control. Traffickers include a wide range of criminals, including individual pimps, family operations, small businesses, loose-knit decentralized criminal networks, and international organized criminal operations. They are driven by two primary factors: high profits and low risk.

Who are the victims? There is no one consistent face of a trafficking victim. Trafficked persons can be rich or poor, men or women, adults or children, or foreign nationals or U.S. citizens. Some are well educated with college degrees, while others have no formal education. Although anyone can fall prey to trafficking, victims tend to come from vulnerable populations such as runaways, at-risk youth, the poor, and oppressed and marginalized groups. Traffickers often target individuals in these populations because they are reportedly easiest to recruit and control.

Although the research shows that the disenfranchised are often targeted, don’t think that something like this could not happen to you and your middle to upper middle class family. There is a false sense of security that many of us tend to have because we feel that our circle of elite friends and family and large brick homes buffer us from the inherent cruelty of the world. Here is the reality, however. If you at any time allow your child to spend time on the Internet unsupervised…you have potentially allowed your child to interact with traffickers. I plead with you to install Internet filter programs such as Net Nanny or Cyber Patrol so that you can monitor everything that your child accesses online. Although your child might call you overprotective and you might feel as though you are smothering them…rest assured that you would rather be a nagging overprotective parent than one who is mourning their child’s murder or abduction.

Rest in peace Shaniya…and the millions and millions of Shaniya’s who are out there as well.

Parent with Love,

Gaétane