the narcotics. The government established as a matter of reasonable certainty the chain of custody of the envelopes once they were placed in the hands of Agent Brown. As Agent Abrams testified, Agent Brown gave the envelopes to Agent McCready, who passed them to Abrams, who then performed a Marquis field test which was positive for opium derivatives. Agent Abrams testified that he weighed and marked the envelopes and put them under a temporary seal and placed them in a safe at his office at approximately 2:00 A.M. on August 27, 1971. Agent Abrams testified that he removed the envelopes from the safe at 8:30 A.M. that same morning but that he did not check the sign-in sign-out sheet to determine whether anyone else had entered the government safe between 2:00 A.M. and 8:30 A.M. that morning. This is not a fatal gap in the chain of custody under the circumstances of this case. The government eliminated the possibilities of misidentification and adulteration as a matter of reasonable certainty in this case, particularly in view of the fact that a temporary seal was placed on the envelopes containing the narcotics.
III. Was It Error for the Government to Fail to Call and/or Make Available the Informer?
No. The defendant claims that the government's case was fatally defective due to its failure to call and/or make available the informant, thereby violating the defendant's constitutional right to confront the witnesses against him, relying principally on Roviaro v. United States, 353 U.S. 53, 63-64, 77 S. Ct. 623, 1 L. Ed. 2d 639 (1957). The defendant's reliance on Roviaro is misplaced, as that case merely holds that the disclosure of an informant's identity is required where disclosure is relevant and helpful to the defense of the accused, or is essential to a fair determination of the case. In the instant case, the government disclosed the informer's identity at trial and made reasonable efforts to have him available to the defense. The government case agent testified that he instructed agents to make an effort to locate the informant at his last known address, and that pursuant to his instruction government agents visited the informant's residence and telephoned and personally visited the informant's last known place of business. Although the government case agent first said that the informant's last known address was 2908 West Montgomery Street (N.T. 2-35) and later twice said that the informer's address was 2908 Westmont Street (N.T. 2-38), looking at the record as a whole, there is no question that this disparity was caused by the similarity of the addresses and not by any intent to confuse the defense. Furthermore, Agent Abrams testified that he had not been in contact with the informant since February 8, 1972 and indicated that the informer's status as a government cooperative had been terminated one or two months after the February 8, 1972 meeting. Agent Abrams also testified that during the two months preceding the trial he had interviewed at least twenty-five informants and asked most of them if they knew the whereabouts of the informant Lewis, all to no avail (N.T. 2-39-40). The government acted in good faith and made reasonable efforts to make the informant available to the defense and, thus, satisfied its burden with regard to the informant. United States v. Moore, 446 F.2d 448 (3rd Cir. 1971).
IV. Did the Government Case Agent Misinform the Jury as to Vital Information Concerning the Informant?
No. On cross-examination of the government case agent, the following colloquy occurred, before the informer's name was revealed:
BY MR. TISCHLER