Prominent pair poised to take up the defense

Right for case, colleagues say

June 29, 2011|By Peter Schworm, Globe Staff

When a judge in the Virgin Islands wanted to sue a newspaper over stories on his bail rulings, he called Howard Cooper in Boston.

When former state senator Dianne Wilkerson needed counsel to defend her against federal corruption charges, she turned to Max Stern.

Now, the two prominent Boston lawyers are poised to team up on one of Boston’s most sensational criminal cases, representing reputed mobster James “Whitey’’ Bulger against accusations that he is responsible for 19 murders.

The two lawyers have not officially been assigned to the case, but were in federal court yesterday for a hearing on Bulger and have agreed to represent the captured gangster if he is granted court-appointed counsel, according to three people familiar with the selection process.

If Bulger’s request for a public defender is denied, he is responsible for retaining a lawyer.

Stern and Cooper are expected to take over for provisional attorney Peter Krupp in the coming days.

But colleagues say the pair is well-suited for a case that defense attorneys described as a vast and complex undertaking, and one that could take years to resolve.

“This is a stroke of good fortune for Whitey Bulger,’’ said Michael J. Connolly, a Boston defense attorney and former federal prosecutor who has worked with both lawyers. “These are two of the most capable, hard-working criminal defense attorneys in the city of Boston.’’

Lawyers across the city praised the selections and said the high-profile case deserved two leading attorneys. In a motion filed in court Monday, Krupp said the “constellation of cases against Mr. Bulger,’’ as well as the “voluminous record’’ of past litigation, would require a substantial team of lawyers working full time for several years.

“It was going to be an overwhelming task for just one,’’ said Stephen Weymouth, a Boston defense attorney who knows Stern well.

Weymouth said Stern’s intelligence, perseverance, and toughness made him an excellent choice for the case.

“He’s not going to be intimidated by the US attorneys, or what sounds like overwhelming evidence against Bulger,’’ Weymouth said. “It’s right up his alley.’’

Stern, a 1969 graduate of the University of Pennsylvania Law School, has more than 35 years of experience in criminal and civil cases, and in 1995 was named by Massachusetts Lawyers Weekly as one of the 25 most influential lawyers of the previous 25 years.

Cooper is perhaps best known for helping a Massachusetts judge win a $2.1 million lawsuit against the Boston Herald in 2005. One of the largest libel judgments in state history, the verdict secured Cooper’s reputation as a leading defamation lawyer who then helped at least five other clients extract corrections or apologies from the media.

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