Court Overturns Murder Conviction for Former FBI Agent Linked to Bulger

(NECN: Alysha Palumbo, Boston) - Disgraced Boston FBI agent John Connolly could soon be a free man, thanks to a Florida appeals court decision throwing out his second degree murder conviction and 40 year sentence in the 1982 murder of World Jai Alai President John Callahan.

The now 73-year-old Connolly, who was convicted South Boston mob boss James "Whitey" Bulger's FBI handler, originally lost his appeal in 2011 - but his Miami attorney Manuel Casabielle says they asked the court to reconsider and won in a split decision.

"John is a strong man and strong of character and strong physically, but nobody likes being in prison, especially when you're in prison because of inaction by a court," Casabielle said.

NECN legal analyst Randy Chapman says in the original trial when the jury found Connolly guilty of second degree murder - which normally has a four year statute of limitations - the charge was enhanced because Connolly possessed a firearm - which makes it a life felony with no statute of limitations.

But since the firearm was not the murder weapon and only Connolly's FBI issued gun, the defense argued that it should not have enhanced the second degree murder charge.

"So the way the jury was instructed the court said that's improper, the firearm that would be connected to the murder had to be the murder weapon itself not the fact that he just happened to carry a gun," Chapman said.

The decision angered some of Bulger's and Connolly's alleged victims' relatives, who say it's not fair if Connolly will be freed on what they believe amounts to a legal technicality.

Murder victim Michael Donahue's son Tommy said, "Livid, how about pissed beyond that, today's my dad's birthday, instead we've got this crap news, it's devastating."

"Free him when we get our loved ones back, if we can bring our loved ones back we can give him freedom, and that's not going to happen so he shouldn't see the light of day," murder victim Debra Davis' brother Steve said.

John Connolly is not yet a free man. The Florida appeals court put a stay on the decision, meaning Connolly cannot be let out of prison until the Florida Supreme Court hears the case, as prosecutors have vowed to appeal.

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