602 F.2d 131 (7th Cir. 1979), 78-2412, United States v. Pappas

Docket Nº:78-2412, 78-2525.
Citation:602 F.2d 131
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Peter V. PAPPAS and Robert Craig, Defendants-Appellants.
Case Date:July 11, 1979
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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602 F.2d 131 (7th Cir. 1979)

UNITED STATES of America, Plaintiff-Appellee,

v.

Peter V. PAPPAS and Robert Craig, Defendants-Appellants.

Nos. 78-2412, 78-2525.

United States Court of Appeals, Seventh Circuit

July 11, 1979

Argued June 12, 1979.

Page 132

Peter V. Pappas, Chicago, Ill., for defendants-appellants.

Thomas P. Sullivan, U.S. Atty., Barry R. Elden, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before PELL, SPRECHER and TONE, Circuit Judges.

SPRECHER, Circuit Judge.

The denial by the district court of a new trial based on newly discovered evidence is affirmed by us.

I

The defendants Craig and Peter V. Pappas and others were indicted in a scheme wherein persons associated with the ready-mix concrete industry bribed members of the Illinois General Assembly in order to obtain favorable legislation. 1 Both of them and others were charged in a 14 count indictment with conspiracy to commit mail fraud, 11 counts of substantive mail fraud, and 2 counts of Travel Act violations. They were both found guilty as charged and each was sentenced to a prison term and fine.

The convictions were affirmed by this court on appeal. United States v. Craig, 573 F.2d 455 (7th Cir. 1977), Cert. denied, 439 U.S. 820, 99 S.Ct. 83, 58 L.Ed.2d 110 (1978). The defendants then filed a motion for a new trial, based on newly discovered evidence, under F.R.Crim.P. 33, 2 which was

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denied by the district court on November 3, 1978. The defendants have appealed that ruling.

II

The first alleged "new evidence" related to government exhibit 101-0, a tape recording of a September 27, 1973 conversation among Craig, Peter V. Pappas and Pete Pappas. The defendants obtained through the Freedom of Information Act several documents, including some postal inspector reports.

One report dated October 25, 1973, prepared by postal inspectors Kell and Greenan, referred to the tape recording of September 27. The defendants contended that the reference to that recording contains some material which does not appear on the recording admitted in evidence during their trial.

The Kell-Greenan report purports to summarize from different recordings and states thereafter (emphasis added):

The brief summaries above are from a Partial playback of copies of the tapes, And interview of Pete Pappas.

At the trial of the...

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