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HEARNAP — Part 26
Page 21
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included the oretrial burglary of a doctor's office sce bY agents of
the federal government. ‘The District Court i Tae
Banks, 383 -P. Supp. 389 (D.C.S.D. 1974), dismi ssea
“hE
the defendants on the basis of governmental fisconduct “in: ene . |
included the covert and illegal use of military personnel pné ma~
terial at Vounded Knee. in discussing the military involvement
the Banks Court addressed the key question of whether the govera-
ment had engaged in a | deliberaré attempt to "cover up" this illeczl
activity:
*the information, de ai ing the ex-
tent of military Yn rolverent at
Wounded Knee was not inmiediately |
available to either the F.B.I. or
fr the prosecutor's office. MNever- _-_
the ess, taking this fact into .
nsi ration, it is my. feeling
that ‘the prosecutor was either
deliberately or negligently dila-~
- tory in searching for such infor-
mation and providing it to defense
counsel." " Banks, supra, at 396,
en
. In certain instances the taint of misconduct can be |.
cured by suppression of evidence (app v. Ohio, 367 (U.S. $43 119813),
-_ “
‘disclosure. of {ilegal acts (U.S. v. Alderman, 394 U. se 163 at” oe
180-85), or. by. a proper admonition to the jury. In other instenee:';
where the misconduct is so thoroughly woven’ into the fabric of
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