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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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at the public official. This action was criticized by Errichetti as too abrupt, and he explained that more subtle means must be used to avoid embarrassing the public offi- cials. | 18/ The Second Circuit, in United States v. Viviano, 437 F2d 295 (1971), commented that the element of inducement relates simply to the government's initiation of the crime and not to the degree of pressure exerted. "The degree of pressure is properly considered under the element. of propensity, as it has direct bearing on the accused's willing- ness to respond to the inducement of the agent." 437 F2d at 299 n.2. , ‘ Since subjective entrapment is removed from this case by the jury's verdict against Lederer and by the other defendants' failure to assert it at the trial, the size of the inducement is considered heré only in connection with defendants' claim that the agent's conduct was “out- rageous", 19/ Indeed, when considering the accuracy and details of what happened when the crime was committed one might fairly compare the shadows in Plato's cave with the usual trial based on mere oral testimony,. and the reality outside the cave with the videotaped evidence in this case. See Plato, The Republic, Book VII, 546 (Viking Press, Inc.. 1948). (S. Buchanai ed.). 20/ See section VI-B-1 supra. 21/ Of.course, "missing" tapes would permit inferences favorable to.a defendant, and defendants argued this point to the juries. They do not, as the Myers defendants now argue, require such inferences. 22/ There was some controversy over an incident involving a New Jersey state official that occurred some three months before the Williams incident. The recording, however, is difficult to decipher and provides little useful evidence. Even if Weinberg then spoke as he later did to Williams, , there is no evidence that he did so with any of these defen- dants, who took their bribes five and seven months later. 23/ .R. Green, The Sting Man (Elsevier-Dutton Pub. Co., Inc. 1981). 24/ Leaks of information about pending prosecutions is - a matter of grave concern to this court as it is to all those interested in the integrity of our judicial processes. a ty ieanmes m mamerttye = amet Setar, eS fe Te pata mena ae t ‘ se 27 enamamemmeninntte teneuaanaaneteee etecetettettne em sents, rf eaten eternal tteen telnet Rowe tnt teen pe Matt re Cee amr theinsineirerny fenbneneret nine peeueresuneresennraseniuee sevyneprase® . . Particularly objectionable here was the public bragging ; ;
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