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Decision Postponed On Bulger's Public Defender Bid

BOSTON (CBS/AP) — A federal judge in Boston has postponed a decision on whether mob boss James "Whitey" Bulger will have tax-funded attorney.

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U.S. District Judge Mark Wolf said in court Tuesday he would hold up on ruling on the public defender issue after prosecutors moved to dismiss a 1994 racketeering indictment against Bulger.

Prosecutors filed noticed that they intent to drop the 1994 indictment so that they can focus on a 1999 indictment on Bulger's role in 19 murders.

Wolf said he wanted to give Bulger's provisional attorney 24 hours to see if he objects to dismissal.

Wolf said he has limited discretion in blocking prosecutors from dismissing the counts.

Bolger's provisional attorney says prosecutors are "forum shopping."

FBI agents Tuesday are analyzing two cellphones found at the Santa Monica apartment, hoping to provide clues as to whether the Boston mobster received help during his 14 years as a fugitive.

In court papers filed this week, U.S. prosecutors said the phones were found at the apartment where he was arrested June 22.

Authorities are trying to figure out how Bulger -- one of the FBI's Ten Most Wanted -- was able to live openly in Santa Monica.

(TM and © Copyright 2011 CBS Local Media, a division of CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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