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UNITED STATES v. KRAUS

June 7, 1976

UNITED STATES OF AMERICA, Plaintiff,
v.
RONALD KRAUS, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. RICHARD R. BOSCO, Defendant



The opinion of the court was delivered by: PLATT

PLATT, D.J.

 PRELIMINARY STATEMENT

 Defendants are named in separate indictments charging them under 18 U.S.C. ยง 1623 with committing perjury before a grand jury. Both were employed at LaGuardia Airport, and with other employees they were subpoenaed by a grand jury that sat in this District to investigate various thefts and baggage pilferages at LaGuardia Airport. Each defendant here complains that his rights were violated in the grand jury proceedings, and each asks that the charges against him be dismissed. Since the issues raised by the defendants are virtually identical, we will consider their claims together in this opinion.

 FACTS

 When defendant Richard Bosco appeared before the grand jury pursuant to subpoena on March 25, 1975, he was advised by an Assistant United States Attorney as follows:

 
Q Mr. Bosco, this Grand Jury is investigating thefts and pilferages at LaGuardia Airport. I want to advise you of a few rights first.
 
Anything you say before this Grand Jury could be used against you at a later proceeding.
 
You need not testify as to matters which may tend to incriminate you. That is to say that you cannot be compelled to testify against yourself as provided by the Fifth Amendment of the United States Constitution. Of course, you have a right to consult an attorney concerning your appearance here today and if you can't afford one, the court will appoint you one.
 
Now, you are employed at LaGuardia Airport; is that correct?
 
A Yes, sir.
 
Q Therefore you, as well as anyone so employed, is a potential subject of this investigation; do you understand that?
 
A Yes, sir.

 Before defendant Ronald Kraus testified to the grand jury on August 12, 1975, also pursuant to subpoena, he was told by the Assistant United States Attorney:

 
Q Now, Mr. Kraus, I want to advise you of a few things before I ask you any further questions and that is that this Grand Jury sitting here is investigating thefts and pilferages of baggage at LaGuardia Airport and anything that you might say to this Grand Jury could be used against you in a later proceeding. And you need not testify as to those matters which might tend to incriminate you, that is to say, you ...

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