Magarity as a witness and in allowing Magarity to attempt to testify and testify beyond the scope directed by the Court.
22. The Court erred in allowing the Government to present alleged evidence against Mayor Nacrelli as being evidence against the defendant without any showing that the defendant was involved either directly or indirectly, and without any showing that the defendant knew or had any reason to know of the alleged activity attributed to Mayor Nacrelli.
23. The Court erred in finding and ruling that the Government has proved by Independent evidence, apart from statements of alleged co-conspirators, that a conspiracy existed and that the defendant was part of that conspiracy. No such independent evidence was produced by the Government.
24. The Court erred in finding and ruling that one single conspiracy existed from 1968 through 1978 and that Joseph Eyre, Mayor Nacrelli, Herman Fontaine, Frank Miller and the defendant were all co-conspirators and members of that conspiracy.
25. The Court erred in denying defendant's requested points for charge in the form requested.
26. The Court erred in granting those points for charge of the Government to which the defendant objected.
27. The Court erred in charging "aiding and abetting" as to Count I and allowing the Government to argue the concept of "aiding and abetting", in that such charge and argument were confusing and such confusion affected the understanding of Count II and Count III, and both the argument and the charge were prejudicial to the defendant.
28. Defendant respectfully prays that your Honorable Court will grant sufficient time within which to amend, supplement, or otherwise particularize, by reference to the Notes of Testimony, the issues which are to be raised in post-trial motions in this matter, providing to the defendant a reasonable time following the receipt of the Notes of Testimony of the trial for this purpose.
1, 6. Pretrial Publicity.
The defendant's first and sixth allegations of error concern pretrial publicity. He contends that the Court erred in denying his motion to dismiss the indictment because of pretrial publicity. Before the defendant's case was severed from the second trial of Mayor Nacrelli, the Court heard oral argument on the motion to dismiss the indictment.
After the severance, and prior to the defendant's second trial, the defendant did not again raise issues of pretrial publicity. After lengthy individual voir dire, where liberal challenges for cause were granted, the Court found that a fair and impartial jury had been selected. The defendant now contends that because of exposure to pretrial publicity, the jury selected was not fair and impartial. The exposure of jurors to pretrial publicity does not compel their disqualification. United States v. Radetsky, 535 F.2d 556 (10th Cir.), Cert. denied, 429 U.S. 820, 97 S. Ct. 68, 50 L. Ed. 2d 81 (1976). The prospective jurors here were questioned as to their ability to judge the case solely on the evidence to be heard in court; those who expressed any reservation were excused. Thus, we find that our rulings on defendant's motions concerning pretrial publicity were without error.
2, 3. Discovery and Bill of Particulars.
The defendant in his second and third allegations of error contends that the Court erred in denying his motions for a bill of particulars and for discovery. The purpose of a bill of particulars is to " "inform the defendant of the nature of the charges brought against him to adequately prepare his defense, to avoid surprise during the trial and to protect him against a second prosecution for an inadequately described offense'." United States v. Addonizio, 451 F.2d 49, 63-64 (3d Cir. 1972) (quoting United States v. Tucker, 262 F. Supp. 305, 308 (S.D.N.Y.1966) ). The granting of a bill of particulars is addressed to the sound discretion of the trial court. United States v. Armocida, 515 F.2d 49, 54 (3d Cir. 1975). A bill of particulars is required only where the indictment is too vague and indefinite to accomplish these objectives. United States v. Smith, 405 F. Supp. 144, 146 (E.D.Pa.1975). A bill of particulars is not to be used as a discovery tool by the defendant. Addonizio, 451 F.2d at 64. The defendant here submitted a nine-page list of requested particulars. We denied this request, finding that the indictment itself provided the defendant with such clear and definite information as to make a bill of particulars unnecessary. The indictment was drawn in sufficient detail to advise the defendant of the charges against him and to protect him from a second prosecution for the same offenses.
The government produced all discovery required by Rule 16. In addition, it provided all tape recordings to the defendant for review prior to trial. All other requests were properly denied, as they related to information clearly not discoverable, such as statements of persons whom the government did not intend to call as witnesses at trial, defendant's oral statements to persons whom he did not know were government agents, and lists of the names and addresses of all government witnesses.
Thus, we find that our pretrial rulings in connection with the bill of particulars and discovery were proper.
4, 5. Use of Taped Conversations.
The defendant in his fourth and fifth allegations of error contends that the Court erred in granting the government's "Starks" motion to introduce electronically monitored conversations, while denying the defendant's motion to suppress them. United States v. Starks, 515 F.2d 112, 121 n. 11 (3d Cir. 1975) requires the Government to establish the following before a tape recording can be admitted into evidence:
(1) That the recording device was capable of taking the conversation now offered in evidence.