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UNITED STATES v. ODINGA

December 7, 1983

UNITED STATES OF AMERICA v SEKOU ODINGA, et al., Defendants.


The opinion of the court was delivered by: DUFFY

ORDER

KEVIN THOMAS DUFFY, D.J.:

By order dated October 6, 1983, I directed defendants Joseph, Ferguson, Odinga, and Baraldini to submit to the court a statement of the remaining issues allegedly open for resolution at a "due process violations" hearing examining putative governmental misconduct. Defendants Joseph and Ferguson contend that the following should be explored at the hearing:

 1. The question whether Sam Brown's assertion of his privilege at the suppression hearing and at the trial was the result of government threats.

 a) The question of immunity for Brown in order to permit a full search for the truth.

 b) A resolution of how much the F.B.I. knew about Brown's mental problems and when they became aware of it. On this question it would be necessary to reopen the hearing to permit the testimony of officials from Otisville relating to the information they passed on to the F.B.I.

 c) The question relating to potential prosecutorial misconduct in connection with Brown's assertion of the Fifth Amendment before the grand jury.

 2. The incorporation of the trial testimony concerning the degree of Yvonne Thomas' mental instability and the extent of the F.B.I.'s knowledge of her condition prior to the filing of their affidavits in support of the electronic surveillance.

 a) Whether the government made full disclosure to the grand jury of the extent of Thomas' disability.

 3. The basis for the references to "Harriet" in Maxwell's affidavit as the affidavit is directly contradicted in all respects by the trial testimony of Mr. Bayete.

 4. A resolution of the question whether the government was aware that Brown was going to invoke his privilege before the grand jury and whether they compelled him to do so. Therefore, whether the use of hearsay testimony before the grand jury was occasioned by government misconduct.

 Letter For Defendants Joseph and Ferguson Dated October 25, 1983.

 Defendant Baraldini asserts that the following issues remain open:

 1. Samuel Brown's taking of the Fifth Amendment at the hearing and trial. The Court should be aware that in August, 1983, Mr. Brown filed a Federal lawsuit which repeats the allegations ...


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