Rep. Lynch to explore congressional help for families of two alleged Bulger victims

By John M. Guilfoil, Globe Staff

US Representative Stephen F. Lynch will try to bring the power of Congress to help two families of men killed during James “Whitey” Bulger’s reputed reign over the Boston underworld.

In a statement today, Lynch said he would “make the effort” to support possible legislation in Congress, to give compensation to the families of Michael Donahue and Edward “Brian” Halloran, who were gunned down on the Boston waterfront in 1982.

The families were crushed on Thursday when a federal appeals court turned down their appeal to reclaim a nearly $8.5 million judgment against the federal government.

“These families deserve justice, and the Appeals Court decision is very disappointing,” Lynch said. “I would be supportive of legislation if the families choose to pursue such a remedy.”

A judge had awarded the families the money in 2009 after the federal government was found liable in the deaths of Donahue and Halloran, allegedly at the hands of Bulger, who was being used as an informant by the Federal Bureau of Investigation.

According to previous Globe reports, Halloran was reportedly about to inform on Bulger for another murder, but Bulger was tipped off by his FBI handlers. Donahue gave Halloran a ride home to Dorchester from a bar in May 1982, when both men were killed in a hail of gunfire intended for Halloran.

The award was rescinded in February by an appeals panel on the grounds that the statute of limitations had expired by the time the families filed their claim in 2001.

Thursday’s 3-3 ruling was sharply divided.

“Under the Constitution, federal courts may not make decisions based on sympathy,’’ the ruling stated. “The legal issue presented by these cases is not whether the conduct of the FBI was shameful; it was. It is not whether plaintiffs are victims of that conduct; they are.’’

In a pointed dissent, Judge Juan R. Torruella said, “Thanks to the panel majority’s decision and the full court’s refusal to reverse it, Bulger’s most trusted associate, the Boston FBI office, has gotten away with murder.”

The US Supreme Court could still step in if the families take their appeal further. Torruella, in his dissent, said the majority ruling “cries for redress, either by the Supreme Court or by a special bill of Congress.”

Attorneys for the families are divided on whether to put turn to the High Court or Congress.

“I am not certain that the House rules would permit a personal relief bill to proceed under these circumstances, but this case is compelling, and I am willing to make the effort,” Lynch said.

Patricia Donahue, Michael’s widow, said yesterday that she was very happy to hear Lynch has stepped in to the case.

Tommy Donahue, Michael’s youngest son, said the family was frustrated by the court decision but uplifted by Lynch’s vow to help them with a bill in Congress.

“It’s a start,” he said.