United States v. Baldacchino, Crim. No. 83-143.

• Decision Date: 16 December 1983
• Docket Number: Crim. No. 83-143.
• Parties: UNITED STATES of America, Plaintiff, v. Shaun Vincent BALDACCHINO, Defendant.
• Court: U.S. District Court — District of Puerto Rico

577 F. Supp. 12

UNITED STATES of America, Plaintiff, v. Shaun Vincent BALDACCHINO, Defendant.

Crim. No. 83-143.

United States District Court, D. Puerto Rico.

December 16, 1983.

E.M. de Jesus, Asst. U.S. Atty., Hato Rey, P.R., for plaintiff.

Nilsa Lyons, Old San Juan, P.R., Ludwig Ortiz, for defendant.

OPINION AND ORDER

TORRUELLA, Chief Judge.

On the morning of May 17, 1983, Defendant Shaun Baldacchino gave two statements to Government agents admitting his involvement in crimes charged in the above captioned case. Two days later Baldacchino signed an agreement with the Government through Assistant U.S. Attorney de Jesús in which he agreed to testify before the Federal Grand Jury with respect to the information he had about various criminal activities, and to testify in any other hearing or trial, if necessary, as a Government witness. In exchange for his truthful testimony, full cooperation and total compliance with his part of the agreement, the Government agreed to dismiss, without prejudice, any charges pending against him. The Government chose not to implement the agreement and on June 8, 1983, when Baldacchino returned to Puerto Rico to testify before the Grand Jury, he was instead arrested and indicted that same day.

The case is now before us on a Defendant's motion requesting enforcement of the "Plea Bargain Agreement." He claims that his willingness to perform his part of the agreement, as evidenced by his voluntary return to Puerto Rico to testify before the Grand Jury, requires that the Government fulfill its promise to drop the charges.

Defendant's counsel characterizes the agreement as a Plea Bargain Agreement. Although the document itself uses the term "plea agreement", it is in actuality a misnomer. The Defendant has not entered a guilty plea in exchange for any consideration from the Government. We find the agreement to be sui generis. It more closely resembles, if anything, an agreement not to prosecute, distinguished by the fact that here the prosecution would be dropped upon fulfillment of Defendant's part, as opposed to not being initiated in the first place.

In U.S. v. Rodman, 519 F.2d 1058 (1st Cir.1975), the Court of Appeals upheld the District Court's decision to dismiss the indictment against the defendant based upon an agreement made between Rodman and the Securities and Exchange Commission (SEC). Under the terms of the agreement, the SEC promised to strongly recommend to the United States Attorney that no prosecution be undertaken against the appellee, in exchange for Rodman's cooperation in supplying information. The Court found that Rodman, relying on the promise, had supplied substantial information, including self incriminating statements. The information provided was eventually used in the civil and criminal cases against those other persons named in...