Mr. Colaizzi's guilt, at least until the time of the statement. This resulted in a substantial delay of over two months.
Had Mr. Crandall recanted his statements immediately, perhaps not too much harm would have been done, but, as he chose not to do so for a period of two months, he is certainly in no position to complain that the declaration did substantially affect the proceeding. We, therefore, hold that the subsequent "recantation" or statement of April 7, 1972, could not bar prosecution under this section since the original declaration did substantially affect the proceeding.
In addition, the subsequent statement must be made under circumstances where "it has not become manifest that such falsity has been or will be exposed". In this regard, we believe that the government is correct in their contention that Crandall's involvement, i.e. in particular the falsity of his testimony, had become manifest by being shown a rough draft of the indictment against him and Mr. and Mrs. Ferri. This indictment charged him with conspiring with the Ferris and Mr. Colaizzi, and made perfectly clear to all concerned that the falsity of Crandall's testimony had been exposed.
Besides this, prior to his admitting the falsity of his testimony, Crandall was told that the government was in touch with a witness to whom he had made some statement which was in direct conflict with his grand jury testimony (Glen Ervin), and that his testimony was known to have been false. Any recantation after this will not operate to discharge the perjury for this court is not about to encourage false swearing in the belief that if the falsity is not discovered before the end of the hearing, it will have its intended effect, but, if discovered, the witness may purge himself from crime by resuming his role as a witness and substituting the truth for his previous falsehood. If we were to do so, we would ignore the fact that the oath administered to the witness calls on him to disclose the truth in the first instance and not to put the court and the parties to the disadvantage and delay of ultimately extracting truth by cross-examination, extraneous investigation or other collateral means. United States v. Norris, 300 U.S. 564, 574, 57 S. Ct. 535, 81 L. Ed. 808 (1937). We, therefore, hold that the statement on April 7, 1972 was given only after it became manifest that the falsity had been exposed. Therefore, the admission of the falsity and the telling of the truth came too late to be of assistance to this defendant.
CONCLUSIONS OF LAW
1. Jurisdiction and venue of this action are properly laid in this court.
2. The defendant under oath in a proceeding before a grand jury in the Western District of Pennsylvania, knowingly made a false material declaration and is guilty of the offense charged in the indictment, a violation of 18 U.S.C.A. Section 1623.
3. The government has established beyond a reasonable doubt each and every element of the offense charged in the indictment.
4. The defendant in substance made a declaration which admitted that his testimony before the grand jury was false, but his admission can not bar prosecution since at the time of the omission the declaration had substantially affected the proceeding and it had become manifest that such falsity had been or would be exposed.
5. Donald Crandall is adjudged guilty of the violation of the offense charged in the indictment.
An appropriate order will be entered.