Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES v. OSTICCO

May 12, 1983

UNITED STATES of America, Plaintiff,
v.
James David OSTICCO, Defendant



The opinion of the court was delivered by: CALDWELL

 CALDWELL, District Judge.

 I. Introduction

 Defendant has filed a motion for a bill of particulars and a motion for discovery in the above-captioned criminal matter. For the reasons set forth below the particulars motion is denied in part and granted in part and the discovery motion is denied. *fn1"

 II. Background

 On October 19, 1982, a federal grand jury returned a two count indictment charging defendant and Charles F. Cortese with violations of 18 U.S.C. §§ 371 and 1503. Count One is directed at a conspiracy to obstruct justice by influencing a petit juror, Roseanne M. Donahue (then Cortese's wife), to vote "not guilty" in a 1977 federal criminal trial. In relevant part, the conspiracy statute, 18 U.S.C. § 371, provides as follows: "If two or more persons conspire . . . to commit any offense against the United States . . . and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both." Count Two charges a violation of 18 U.S.C. § 1503, one of the obstruction of justice statutes, which in applicable part states as follows: "Whoever corruptly . . . endeavors to influence . . . any grand or petit juror . . . in the discharge of his duty . . . shall be fined not more than $5,000 or imprisoned not more than five years, or both."

 III. The Bill of Particulars Motion

 The bill of particulars motion consists of twelve (12) requests for expansion on parts of the indictment. We have recently had occasion to conduct a thorough review of the law regarding bill of particulars and discovery motions. See United States v. Lovecchio, 561 F. Supp. 221 (M.D.Pa.1983). In accordance with our discussion in Lovecchio, we have examined defendant's requests for the possibility that nondisclosure of the information sought may lead to an inability of defendant to prepare his case adequately or subject him to surprise at trial or to a later risk of double jeopardy.

 Basically, we have found that the indictment is devoid of these problems. In only limited respects do we feel that the government should furnish additional information. First, in paragraph 5(b) of Count One of the indictment, defendant is alleged to have given Cortese $1,000 and "other things of value." Request 3 of defendant's motion seeks to learn what these items were, and we shall direct the government to clarify this vague phrase and provide defendant with a list of the specific items. Likewise we find that paragraph 10 of Count One requires clarification and we shall grant partially request 5 of defendant. We direct that the government provide defendant with dates or at least approximate dates of the "approximately six occasions" on which Frank Parlopiano, directed by defendant, gave money to Cortese for Cortese's legal expenses. We also find that request 7 of defendant should be granted and we shall require the government to indicate whether the allegations in paragraph 11 of Count One were tape recorded or otherwise monitored and, if so, to indicate the tape and section thereof on which this statement appears. In all other respects we find the indictment more than sufficient in its specificity and we shall not require the government to provide the details defendant seeks.

 IV. The Discovery Motion

 Defendant's discovery motion is subdivided into the following seven parts:

 
1. Rule 16 Mandatory Items
 
2. Further Discovery Regarding Frank ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.