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United States v. Anthony Salerno, A/K/A "Fat Tony", Vincent Di Napoli, A/K/A "Vinnie", Louis Di Napoli, A/K/A "Louie", Matthew Ianniello, A/K/A "Matty the Horse", John Tronolone, A/K/A "Peanuts", Milton Rockman, A/K/A "Maishe", Nicholas Auletta, A/K/A "Nick", Edward J. Halloran, A/K/A "Biff", Alvin O. Chattin, A/K/A "Al", Richard Costa, A/K/A "Richie", and Aniello Migliore, A/K/A "Neil", Matthew Ianniello, A/K/A "Matty the Horse", Vincent Di Napoli, A/K/A "Vinnie", Louis Di Napoli, A/K/A "Louie", Nicholas Auletta, A/K/A "Nick", Edward J. Halloran, A/K/A "Biff", Aniello Migliore, A/K/A "Neil", Anthony Salerno, A/K/A "Fat Tony", and Alvin O. Chattin, A/K/A "Al"

Citations: 952 F.2d 623; 1991 U.S. App. LEXIS 33826Docket: 88-1474

Court: Court of Appeals for the Second Circuit; November 5, 1991; Federal Appellate Court

Narrative Opinion Summary

In a petition for rehearing before the United States Court of Appeals for the Second Circuit, multiple defendants, including notable individuals, challenged the admissibility of certain witness testimonies under Federal Rule of Evidence 804(b)(1). The court, comprising Circuit Judges Pratt, Miner, and Altimari, addressed the requirement of a 'similar motive' in the context of developing prior testimony, which is pivotal in determining its admissibility. The court's clarification affected the defendants' strategy by deeming the testimonies of witnesses Bruno and DeMatteis available to the government but not to the defense. This decision highlights the nuanced interpretation of evidentiary rules, particularly in the context of appeals, and emphasizes the significance of the motive behind testimony. The court did not delve into the potential impact of the government's power to grant immunity on a declarant's availability under other subdivisions of Rule 804(b). This ruling underscores the complexity of evidentiary challenges in criminal proceedings and the intricate balance between prosecutorial advantages and defendants' rights.

Legal Issues Addressed

Admissibility of Testimony under Federal Rule of Evidence 804(b)(1)

Application: The court clarified the requirement for a 'similar motive' in developing prior testimony, impacting the defendants' ability to use certain witness testimonies.

Reasoning: The court clarified its previous opinion by amending the language regarding the interpretation of the rule, specifically the requirement for a 'similar motive' to develop prior testimony.

Availability of Testimony for Defendants

Application: The court determined that the testimonies of witnesses Bruno and DeMatteis were available to the government but not to the defendants, affecting the defense strategy.

Reasoning: The amended text states that the testimony of witnesses Bruno and DeMatteis is deemed available to the government but not to the defendants, effectively impacting the defendants' ability to utilize that testimony in their defense.

Influence of Government's Power to Grant Immunity

Application: The court did not address whether the government's ability to grant immunity affects a declarant's availability under other subdivisions of Rule 804(b).

Reasoning: The court explicitly noted that they were not addressing whether the government's power to grant immunity would influence a declarant's availability under other subdivisions of Rule 804(b).