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UNITED STATES v. CONLEY

January 7, 1994

UNITED STATES OF AMERICA,
v.
JOHN F. "Duffy" CONLEY, WILLIAM C. CURTIN, SHEILA F. SMITH, JOHN FRANCIS "Jack" CONLEY, THOMAS "Bud" McGRATH, MARK A. ABBOTT, THOMAS ROSSI, WILLIAM STEINHART, ROBERTA FLEAGLE, ROBIN SPRATT, MONICA C. KAIL, WILLIAM J. REED, JOANNE T. SMITH, KENNETH "Ron" GOODWIN, LAWRENCE N. "Neudy" DEMINO, SR., CHRISTOPHER "Chris" KAIL, JOSEPH A. DEVITA, FRANK GAROFALO, THOMAS D. CIOCCO, MICHAEL SUKALY, PHILLIP M. "Mike" FERRELL, ANESTOS "Naz" RODITES, and WILLIAM E. RUSIN, Defendants.



The opinion of the court was delivered by: DONALD J. LEE

MEMORANDUM OPINION

 Before the Court is Defendant John F. "Duffy" Conley's motion to suppress his statement at the Main Hotel on October 30, 1989. (Document No. 377, in part).

 The Encounter at the Windgap Facility

 1. During the month of October, 1989, Federal Bureau of Investigation Special Agent John Donnelly ("S.A. Donnelly") was in the midst of an investigation into organized crime and gambling devices.

 2. Although there was an ongoing, independent federal investigation of John F. "Duffy" Conley ("Conley"), S.A. Donnelly was not aware of it. Conley was not a target of S.A. Donnelly's investigation.

 3. S.A. Donnelly sought out Conley, whose name had surfaced in the records of the Arnold Coin Company during S.A. Donnelly's investigation, in order to secure Conley's cooperation in his investigation.

 4. In the middle of October, 1989, S.A. Donnelly arrived unannounced at Conley's office at the Windgap Avenue facility of Duffy's Vending, Conley's company.

 5. S.A. Donnelly introduced himself to Conley as an FBI agent and indicated that he wanted Conley to give him information regarding video poker machine operations.

 6. Conley, who had legal problems and concerns regarding his own video poker machine operations, was alarmed by the presence of an FBI agent. Conley asked whether the conversation would be off the record.

 7. S.A. Donnelly told Conley that he was willing to speak off the record and Conley was not the target of the investigation. Both S.A. Donnelly and Conley understood that nothing said would be used against Conley.

 8. Although never getting specific about what could be done for Conley, S.A. Donnelly intimated that he was in a position to help Conley. S.A. Donnelly contemplated assisting Conley if Conley agreed to enter into a relationship as a cooperating witness.

 9. S.A. Donnelly directed Conley's attention to poker machine gambling. He inquired into Conley's relationships with other vending companies in western Pennsylvania. He also inquired into Conley's knowledge of the activities of Ninny Lagatutta, Sonny Ciancutti and the Arnold Coin Company.

 10. Conley stated that he knew Ninny Lagatutta was in the vending business. Conley and S.A. Donnelly discussed a video poker machine location in the Brookline section of Pittsburgh that was owned by Lagatutta. Conley did not tell S.A. Donnelly of any illegal activities by any person or company in response to S.A. Donnelly's inquiries.

 11. S.A. Donnelly asked Conley if he was willing to discover information about the aforementioned persons and company. S.A. Donnelly primarily focused his attention on Ninny Lagatutta.

 12. Conley was non-committal, neither agreeing or refusing to seek the requested information on behalf on S.A. Donnelly.

 13. S.A. Donnelly and Conley agreed to get in touch in the future, and S.A. Donnelly gave his card to Conley.

 14. Neither S.A. Donnelly nor Conley took notes during, or otherwise recorded, the encounter at Windgap.

 15. S.A. Donnelly maintained a friendly, non-adversarial demeanor throughout the encounter at Windgap.

 16. The encounter, which lasted between five and twenty minutes, ended amicably.

 The Encounters at the Main Hotel

 17. On October 30, 1989 S.A. Donnelly and Special Agent Patricia Moriarity went to the Main Hotel in Carnegie, Pennsylvania in a limited undercover capacity.

 18. Although S.A. Donnelly had information that the Main Hotel was a location where Conley maintained video poker machines, he did not "know positively" that this information was accurate. *fn1"

 19. S.A. Donnelly was still conducting his independent investigation, in which Conley was not a target.

 20. S.A. Donnelly and S.A. Moriarity were sitting at the bar having coffee when Conley arrived. Conley greeted the bartender and began emptying money out of a pinball machine.

 21. Conley approached the bar to speak with the bartender regarding the division of the money taken from the machines. Conley recognized S.A. Donnelly. S.A. Donnelly initiated a conversation with Conley, saying hello and calling him as "John" or "Duffy." *fn2"

 22. S.A. Donnelly reintroduced himself, reminding Conley that he was the FBI agent who had visited him. Conley indicated that he remembered him. S.A. Donnelly also introduced Patricia Moriarity as an FBI agent.

 23. S.A. Donnelly asked Conley whether the pinball machines on the premises were Conley's machines and whether the video poker machines on the premises were Conley's machines. Conley ...


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