Pearson v. United States

• Decision Date: 27 June 1967
• Docket Number: No. 23406.,23406.
• Parties: Richard Duncan PEARSON, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

378 F.2d 555 (1967)

Richard Duncan PEARSON, Appellant, v. UNITED STATES of America, Appellee.

No. 23406.

United States Court of Appeals Fifth Circuit.

May 25, 1967.

Rehearing Denied June 27, 1967.

Harvey J. St. Jean, Lawrence E. Hoffman, Hoffman & St. Jean, Miami Beach, Fla., for appellant.

Robert C. Josefsberg, James W. Matthews, Asst. U. S. Attys., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellee.

Before PHILLIPS,^* COLEMAN and SIMPSON, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge:

Pearson was tried, convicted and sentenced on an indictment which charged that on or about September 2, 1965, he did wilfully and unlawfully receive, conceal, store, sell and dispose of and did cause the receipt, concealment, storage, sale and disposal of the "Edith Haggin DeLong Star Ruby" of a value in excess of $5,000, which was moving in interstate commerce from New York City, New York, to Palm Beach County, Florida, well knowing the same to have been stolen, in violation of 18 U.S.C. § 2315 and 18 U.S.C. § 2.

The evidence, considered in a light most favorable to the United States, established these facts: The Ruby weighs 103 carats. It is oval in shape and its color is milky lavender. When light is focused on it, the Ruby becomes blood red in color and a magnificent six-prong star becomes visible therein. A ruby of that size and quality is a rarity. It is doubtful that another ruby like it has ever been found. It is not feasible to cut the Ruby into smaller stones, because that would likely destroy the star and the great value of the stone. Hence, its identity may not be concealed and it is valuable only as a museum piece or a collector's item. As such, it is worth not less than $100,000.

On October 29, 1964, the American Museum in New York City was forcefully entered and a large assortment of jewels, including the Ruby, was stolen therefrom. The thieves were apprehended and thereafter the Ruby was transported from New York City to the area of Palm Beach, Florida, and delivered for safekeeping to a person whose identity has not been established.

Francis P. Antel was a free-lance writer. Antel knew Pearson in 1959 and 1960 and during those years was employed by him in the yacht brokerage business. In March, 1965, Antel began researching with respect to the theft of the Ruby. In April, 1965, Antel and Pearson had a conversation relating to the Ruby. Part of it took place at the West Palm Beach County Court House and part of it at Roxy's Bar on South Dixie Highway in West Palm Beach. Antel showed Pearson his file of research material, which he had gathered with respect to the Ruby, and also some articles he was preparing for a publisher about the theft of the Ruby. Pearson brought up the subject of the recovery of the Ruby and stated there was a possibility "somebody" that he might "be able to contact" would want to get rid of the Ruby "if there were a possibility of immunity." Pearson stated, however, he would want to consider the matter further and it was arranged that Antel should meet Pearson at the latter's home in South Miami the first of the following week. That meeting did not take place, and the matter, for the time being, came to an end. Antel described it as "It just went dead." They did not meet again until the following July.

Richard J. Maline was a detective on the New York City police force and in June, July, August and September, 1965, was engaged in investigating the theft of the Ruby and the other jewels from the museum and in efforts to recover the Ruby. In June, 1965, Pearson arranged for a meeting of himself and Maline at Room 221 of the Skyway Motel, located just outside the John F. Kennedy Airport in Queens, New York City, to discuss the recovery of the Ruby. Maline went to the motel to meet Pearson, but Pearson did not appear. Instead, Pearson called Maline by telephone. Maline thought the call came from Pittsburgh. Pearson requested Maline to meet him in Chicago. Maline took the matter up with his superior officers and they stated he could not leave his duties for as much as four or five days, but that if the Ruby could be recovered immediately he could go to Chicago. Maline so advised Pearson, and Pearson said that he would go on to Chicago and get what information he could and relay it back to Maline.

Thereafter, on June 17, 1965, Pearson and Maline met at the Skyway Motel. Maline registered under the name of Black. The recovery of the Ruby was discussed and Pearson stated that he had friends through whom he might be able to locate the present holders of the Ruby, and that he might act as an intermediary or messenger boy in an attempt to locate the Ruby and obtain its return to the rightful owners. There had been rumors of payments to be made for the return of the Ruby and Maline advised Pearson that neither the City of New York nor its police force would pay one penny for the return of the Ruby.

On July 18, 1965, Maline had a conversation with Antel over the telephone. Antel told him that he could recover the Ruby. Maline replied that he didn't think he could, that he was obstructing justice in New York City, where they were endeavoring to obtain the recovery of the Ruby. Antel said he did not think they could get it, and that he was the only one who could put his hands on the Ruby.

In the meantime, Antel had been introduced to John D. MacArthur¹ and after some discussion respecting recovery of the Ruby, MacArthur had agreed to deposit $21,000 in the First Marine Bank of Riviera Beach, to be used for that purpose. Later, at Antel's request, the amount was increased to $25,000, to cover some additional expenses which Pearson had advised Antel had been incurred by the persons who were to bring about the return of the Ruby.

Thereafter, MacArthur, as a result of a conversation between him and Antel, agreed to place the money in the hands of Antel, to be delivered to the person who claimed he had possession of the Ruby, after it had been placed at a location where MacArthur could possess it, and after he had possessed it and obtained expert opinion satisfying him that it was in fact the Ruby.

On about August 23, 1965, Antel advised Pearson the full $25,000 was available to secure the return of the Ruby. Pearson then called Maline from a pay station, but the substance of the conversation is not disclosed in the record. About a week later, by prearrangement, Pearson and Antel met at the home of a mutual friend and from there proceeded to a pay telephone booth in the Whelan Drug Store in North Miami, where Pearson called another person whose identity is not disclosed and discussed the recovery of the Ruby.

During August and September, 1965, William Federici was a reporter for the New York Daily News and was stationed in southeast Florida. He met Antel in August, 1965. Antel expressed to Federici a desire to work for the Daily News and furnish it with the story of the recovery of the Ruby. Federici stated to Antel "this stuff doesn't work that way" and offered Antel a sum of money for the exclusive story and exclusive pictures of the return of the Ruby, if and when it was recovered. Federici also met Pearson in August, 1965. Federici became acquainted with MacArthur on or prior to August, 1965. Federici was trusted by MacArthur, Antel and Pearson. It was agreed between Pearson and Antel that the latter should request William Federici to carry the ransom money to the place where it was to be deposited. When so asked, Federici refused. Pearson and Antel next met at the Colonnades Hotel on September 1, 1965. MacArthur had insisted that Antel should be alone when he took the money to where it was to be placed. Pearson insisted that he be present. Antel and Pearson agreed to proceed together, but to let MacArthur think that Antel was going to handle the money by himself. On September 1, 1965, Pearson instructed Antel to wait with the money in his possession at the Colonnades Hotel until he had received a telephone call "at about noon" and then proceed to and along the Florida Turnpike until he arrived at the Howard Johnson Restaurant. At 12 noon of that day, Antel received a telephone call and talked with a person whose voice he was unable to identify. About 1:30 p. m. he received a telephone call from Pearson, who asked him if he was ready to go ahead. Antel replied it would take him about 10 minutes to go to the Bank and get the money. Antel informed Federici and MacArthur that everything was ready and went to the Bank and received the money. It was in $100 and $50 bills and a record had been made of the number of each bill given to Antel. Upon receiving the money, Antel went to the Turnpike, entered at the Palm Beach Entrance, and traveled south. Between Exits 3 and 2 he was overtaken by Pearson in another automobile and Pearson indicated Antel should follow him. They exited at the No. 2 Hollywood Exit and proceeded on Hollywood Boulevard to a parking lot at the West Hollywood Elementary School. Antel, in compliance with Pearson's hand direction, there left his own automobile and entered Pearson's. They then proceeded in Pearson's automobile to a U-Tote-Em Store on Pembroke Road. While so proceeding, Pearson asked Antel if he had the money and Antel answered yes. Antel then called MacArthur by a telephone at the store, and in accordance with Pearson's instruction told MacArthur to proceed with Federici to the Palm Beach Service Center, where they would find two sets of telephone booths, one on the west side and one on the east side, and to wait at the booths at the east side for a telephone call. The telephone operator asked Antel to give her the number from which he was calling. At Pearson's direction, he gave her an incorrect number, transposing the last two digits of the correct number. Pearson and Antel then proceeded to the Sears Northside Shopping Center in North Miami. They called both telephone booths at the Palm Beach Service Center and at first were unable to get...