FILE - This June 23, 2011 file booking photo provided by the U.S. Marshals Service shows James "Whitey" Bulger. A federal judge in Boston will hear arguments Wednesday, Feb. 13, 2013, on Bulger's claim that he was given immunity to commit crimes while he was an FBI informant. Bulger's lawyers want to use his immunity claim as a defense at his upcoming trial. (AP Photo/U.S. Marshals Service, File)
FILE - This June 23, 2011 file booking photo provided by the U.S. Marshals Service shows James "Whitey" Bulger. A federal judge in Boston will hear arguments Wednesday, Feb. 13, 2013, on Bulger's claim that he was given immunity to commit crimes while he was an FBI informant. Bulger's lawyers want to use his immunity claim as a defense at his upcoming trial. (AP Photo/U.S. Marshals Service, File)
FILE - This June 23, 2011 file booking photo provided by the U.S. Marshals Service shows James "Whitey" Bulger. A federal judge in Boston will hear arguments Wednesday, Feb. 13, 2013, on Bulger's claim that he was given immunity to commit crimes while he was an FBI informant. Bulger's lawyers want to use his immunity claim as a defense at his upcoming trial. (AP Photo/U.S. Marshals Service, File)
BOSTON (AP) ? A federal prosecutor told a judge Wednesday that any immunity agreement reputed gangster James "Whitey" Bulger claims he had with the government would be "void as a matter of law" if it included murder.
Bulger's lawyer argued that only a jury, not a judge, should be allowed to decide if Bulger's immunity claim is valid.
Both sides presented arguments Wednesday to U.S. District Judge Richard Stearns, who is scheduled to preside at Bulger's trial in June. The former leader of the Winter Hill Gang is accused of participating in 19 murders during the 1970s and '80s.
Bulger, 83, fled Boston in 1994 and was one of the FBI's most wanted fugitives until his capture in Santa Monica, Calif., in 2011.
Bulger claims federal prosecutor Jeremiah O'Sullivan gave him immunity for crimes while Bulger was providing the FBI information on local leaders of his gang's main rivals, the Mafia. O'Sullivan, who died in 2009, denied making an immunity deal with Bulger when he testified before Congress in 2002.
Federal prosecutors asked Stearns to decide the issue before trial. They have previously called Bulger's claim "absurd."
Assistant U.S. Attorney Zachary Hafer told the judge that even if Bulger is to be believed, as a matter of law, an assistant U.S. attorney doesn't have the authority to grant anyone immunity to kill Americans.
"Any contract between Mr. O'Sullivan and Mr. Bulger ? to the extent it contemplated murder ? would be void as a matter of law against public policy," Hafer said.
Bulger's immunity claim would distract and confuse the jury, Hafer said.
Bulger's lawyer, J.W. Carney Jr., argued that his client must be given the right to present his immunity claim as his defense in order to ensure a fair trial.
"James Bulger will testify that he was given immunity from prosecution by Jeremiah O'Sullivan," Carney said. "I suspect the government will have quite a few questions for Mr. Bulger. It certainly will be a central ... if not the central finding of fact made by the jury."
Carney continued: "To remove his defense of immunity from being presented to the jury based on any type of factual finding by Your Honor would, in effect, deny him his right to a fair trial."
Stearns took the request under advisement and didn't indicate when he would rule. He gave prosecutors and Bulger's lawyers two weeks to file additional written arguments.
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