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HEARNAP — Part 28
Page 75
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ee x aera Se Ee eG eee ARTES
e is Bike me ands itis Dba nc eit xesess Reo the oes oe Hehs
=e “hag geourts” have £ romned med upon “To my. teciiedge” affidavits by |
ar ee
rh ge persons: NOE, inia position to have conplete inovledge regarding:
I
fl the existence : “OE electronic surveillance. See, 2,9., In xo oj
57
inn, 525 F.2d 222, 225 fn. 5 (ist cix. 4975)" and Unis d
States v. Vielguth, 502 F. 2a 2257, 1262 Se Bp “|
| (Coscrers, Je: dissenting). re NE
: Finally, in spite of the good | faith of the Assistant
‘United States Attorney in this pase, which this court: has To:
‘reason to question, iE there fhas: been illegal electronic sure |
vaillance of. these wimesses, B
Re : “apseant proceedings eculid "|
tainted in a manner Of which he ‘BiaaE be unaware, - The invest
gation of the possible harboring of ‘Patricia Hearst within |
this district predates her trial by more than a year, 7 |
é .
Weiner, for example, tegtified before a grand juty in Harris-
; rg investigating the" sane, 5! activity more than a year ago, in
Farch, ‘495. Me, Kelly acknowledged, at oral argument that he
Seen an et
Was: not. i involved in the previous grand jury investigation in |
‘7 pertinent facts, of the Anwastigation was, presumably. acquired
“a, Sy
‘by his: reading, oe the governnent file.’ There could be. SOuz |
information ¢ “concerning these witnesses in the file, with. its |
" of source ‘unknown to Mr. Kelly,* that is the ‘product. of electronic
¢. i surveillance, Unless. @ reliable. record of such ‘surveillance -
twill be impossible to determine whether it.
va E w7 4. The inquiry may have been based ",,.,in some part} on
wo. g Ganformation or leads Furnished by other agencies about whose -
} ‘sources and activities neither. [the U.S, ~Attorne nor the
“PL.B.L. agent fn charge of the investigation) raz lmow." In re}
oo * Quinn, 535 FR. 2a 222°, 225 {ist Cir.. -1975), Furthermore, for the
evk"s§- @ 3504 response to be adaquate ".. there’ gust be included an |
“i explicit assurance indicating ‘that all agencies providing in-
pep Okoation <alevant to the inquiry were canvassed." 3. at 226.
te arene 9 afl em OP
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