Holding trial evidence to an exacting set of standards for admissibility is our solemn duty as attorneys in the criminal justice system. When reviewing the admission of evidence in the trial of Whitey Bulger, one can see this is a great example of how these standards should be applied in any person’s case. Only an experienced criminal defense lawyer like Grant Bettencourt can accomplish this type of accuracy on behalf of his clients.

California Evidence Outside of California

The alleged gangster stands accused of 19 murders spanning decades. The prosecution had over $800 thousand in seized cash and a small collection of guns that were being hidden on the premises when he was arrested in California on June 22, 2011.

According to Bulger’s lawyer, “The defendant is not charged with anything relating to his time in California. His alleged possession of weapons and cash in California has no bearing on any aspect of the indictment.”

Types of Evidence

Evidence in a trial falls under one of four categories, and an argument can be made that none of these categories can be applied to either the guns or the money.

These categories are as follows:

● Demonstrative Evidence: If the prosecution argued that the guns were demonstrative evidence, which often is not an item taken from the crime scene, it would have to illuminate some aspect of the circumstances of the crime itself. Something like a map is a normal piece of demonstrative evidence. A weapon not used in the actual crime is rarely used as this type of evidence.

● Documentary Evidence: Usually documentary evidence is some kind of written communication or a recording.

● Testimonial Evidence: It remains to be seen whether there is planned testimonial evidence that concerns the guns and money in question. Regardless, the guns and money do not have to be admitted as evidence for the testimony itself to be admissible.

● Real Evidence: In most cases, guns and cash would be admitted as real evidence. However, they are usually taken from the crime scene, or, in the case of weapons, have been used to commit the alleged crime.

Even when the media creates the story of a lifelong mobster finally standing trial for a life of crime, the public can lose sight of the fact that a criminal trial is a process by which the truth or untruth of a specific event is evaluated. The same is true in all cases–when you hire a criminal defense attorney that gets positive results.