BOSTON (CBS) — The defense in the Whitey Bulger trial says it has only three more witnesses before deciding whether to call Bulger himself to the stand.

WBZ NewsRadio 1030’s Lana Jones reports

That may or may not happen Friday.

The big issue Thursday took place after the jury was excused. Prosecutors accused the defense of “contempt” for posting warm and fuzzy photographs of Bulger on the public trial docket

The defense posted the pictures late Wednesday night.

Related: See The Photos

Attorney Jay Carney says they put them out in response to an email request from the government asking for any exhibits that might be offered in case Bulger testifies.

Read: Attorney: Priest In Photo A ‘Serial Pedophile’

But, where they are not yet in evidence, Prosecutor Fred Wyshak called putting them on the public docket  just an effort to circumvent the rule forbidding lawyers public comment on a case that’s in progress.

Wyshak called it an obvious attempt to salvage Bulger’s reputation.

The judge declined to take any action Thursday, saying he will see what Friday’s testimony brings.


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