Pennsylvania. Upon arriving at the diner, he was given keys by Alby and directed to take the truck to a clothing factory in Gallitzin. White identified defendant as Alby and stated that he had seen him on two or three previous occasions. White proceeded to Gallitzin but suspected that he was being followed by a police car and abandoned the truck some three blocks from the clothing plant. The children's clothing recovered from this shipment amounted to $13,000: the balance was never located.
A recital of the above clearly establishes that the verdict was amply supported by the evidence.
Defendant's brief in support of his motion cites four contentions: (1) the Court erred in denying defendant's request in his motion for bill of particulars that the Government be required to disclose the names and addresses of other persons who were present during the commission of the acts charged in the indictment; (2) the Court erred in refusing defendant's request for the names and addresses of any persons who furnished information to law enforcement officials regarding defendant's alleged participation in the activities charged in the indictment; (3) the Court erred in denying defendant's request that the Government furnish the method of photographic identification by potential witnesses; and (4) the defendant was deprived of a fair trial and substantially prejudiced by the method of photograph identification employed by the Federal Bureau of Investigation.
The first two contentions advanced by defendant arise from requests made in a motion for bill of particulars filed prior to trial. Of the 25 requests made, all were granted except the two specified by defendant in this motion. Government counsel also informed the Court that he knew of no witnesses who had any information at all favorable to the defendant. Moreover, at oral argument, Government counsel expressed concern about disclosing the names of prospective witnesses
because of fear for their safety mindful of the serious nature of the crime charged. The disclosure of the information sought by defense counsel would effectively reveal the very sources the Government sought to protect. A similar request was denied by the trial court and affirmed on appeal in United States v. Cansler, 419 F.2d 952, 954 (7th Cir. 1969), certiorari denied 397 U.S. 1029, 90 S. Ct. 1278, 25 L. Ed. 2d 540. Under the circumstances of this case, the Government was not required to comply with defendant's requests.
With reference to point 3, at the oral argument on the motion for bill of particulars, both counsel informed the Court that all requests in the motion were complied with except for the disclosure of witnesses. Defense counsel now asserts that the Government did not furnish "the method of photographic identification by potential witnesses." Moreover, the request in the motion specifically referred to the method of photographic identification of ". . . any others who might have participated with defendant in acts alleged . . ." This point is clearly an afterthought and is inappropriate and, even if appropriate, lacks merit.
As to point 4, defendant's complaint seems to be that Government witness Homza looked at several hundred photographs but it was not until he was shown a small group of thirteen pictures that he was able to pick out defendant from among them. A review of the record convincingly demonstrates that the photographs used were not impermissibly suggestive and did not give rise to a very substantial likelihood of irreparable misidentification. Simmons v. United States, 390 U.S. 377, 384, 88 S. Ct. 967, 19 L. Ed. 2d 1247 (1968). Furthermore, defense counsel subjected the witness to a searching and exhaustive cross examination concerning both his pretrial and in court identification.
There was no error.
Defendant's motion will be denied.