People v. Maranian

• Decision Date: 11 April 1960
• Docket Number: No. 84,84
• Citation: 359 Mich. 361,102 N.W.2d 568
• Parties: PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Moses MARANIAN, Defendant and Appellant.
• Court: Michigan Supreme Court

Page 568

102 N.W.2d 568

359 Mich. 361

PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Moses MARANIAN, Defendant and Appellant.

No. 84.

Supreme Court of Michigan.

April 11, 1960.

Paul L. Adams, Atty., Gen., Samuel J. Torina, Sol. Gen., Lansing, Samuel H. Olsen, Pros. Atty., Samuel Brezner, Chief Appellate Lawyer, Angelo A. Pentolino, Asst. Pros. Atty., Detroit, for the People.

Colombo, Colombo & Colombo, Detroit, for defendant and appellant.

Before the Entire Bench, except SOURIS, J.

KAVANAGH, Justice.

Defendant was convicted on December 9, 1957, by a jury in the recorder's court of the city of Detroit of the crime of extortion contrary to the provisions and form of the statute, C.L.1948, § 750.213 (Stat.Ann. § 28.410), and sentenced to a term of imprisonment of not less than 3 1/2 years nor more than 20 years. Motion for new trial was denied. Leave to appeal was granted by this Court.

The information filed in the cause read in part as follows:

'and gives the said court to understand and be informed that Moses Maranian late of the said city of Detroit, in said county, heretofore, to-wit, on the 4th day of September, A.D.1956, and on divers other days and dates up to said and including the 22nd day of September, A.D.1956, at the said city of Detroit, in the county aforesaid did then and there orally maliciously threaten injury to the property and person of others, to-wit, Leo Janoff and his family, said threat being substantially in words as follows: 'Unless payment on all old debts are paid before next week it will be too late. Next time it will be more drastic and we will put the comb where it will hurt someone and we will bomb your propoerty', with intent thereby to extort money or any pecuniary advantage whatever, and to compel the said Leo Janoff to pay the sum of $1,000, the same being against the will of him, the said Leo Janoff; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan.'

The proofs in the case were substantially based upon the testimony of Leo Janoff and one Robert W. Blythe, an alleged accomplice, together with 2 tape recordings of telephone conversations obtained by the police by attaching a recorder to Janoff's telephone.

Leo Janoff testified that he was a jobber in the tobacco business from 1950 until sometime in 1954; that in the early part of 1954 he was in financial difficulty and in March of that year purchased merchandise from defendant Lester Greenspan in the approximate sum of $5,000, for which he gave checks which were returned for insufficient funds. Janoff also testified he informed Mr. Greenspan at the time he gave him the checks that he did not have the money in the bank and that it would be necessary for Greenspan to hold them for a number of days until he was able to get the money deposited. Shortly thereafter, an involuntary petition in bankruptcy was filed against Janoff. Eventually he was adjudicated a bankrupt and discharged. Janoff testified that his indebtedness was of the approximate sum of $50,000.

On September 4, 1956, Janoff received a telephone call from an unidentified person, who in effect said 'Why don't you take care of Lester Greenspan.' Shortly thereafter on the same day Lester Greenspan, whom Janoff had known for about 15 years, called and demanded his money. Janoff told Greenspan he could not talk about it on the telephone and would drop in to see him in about a week, to which Greenspan relied that would be too late.

On September 8, 1956, about 9:00 p. m., Janoff heard an explosion in the alley in the rear of his home. On examination, he found a lot of smoke and a part of his garage had been damaged. A few minutes later the police arrived and they determined that a bomb had been set off near the garage. Janoff then informed the police about the telephone calls.

On September 10, 1956, Lieutenant Stearla of the Detroit Police Department, with Janoff's consent, placed a tape recorder on Janoff's telephone. On September 12th Janoff received a telephone call from a third person, later identified as defendant Maranian. This party stated he was responsible for the bombing. He said he was collecting Janoff's tobacco accounts and unless payment was made more drastic action would be taken. He further stated he would contact Janoff later. On September 17, 1956, the same person called, and the conversation related by Janoff was in substance as follows: Janoff told the caller (Maranian) he had raised around $400, but was informed he would have to do better since the money had to be divided up a number of ways. Janoff asked to whom he should pay the money, and the party indicated he would give Janoff a receipt for the money or post-dated checks. The caller said the checks were some checks that Janoff had given to one of his creditors that came back unpaid. He said, 'Things will get worse if you don't raise more money.' He further stated, 'Perhaps we go to extremes, but we mean business.' He asked Janoff if he had the $400 with him. Janoff was following police instructions at the time and he informed the other party, 'No, he would have to wait a day.' Janoff was then informed he would have to anticipate more trouble. The caller said, 'This is the only thing the third man understands,' and 'You better start thinking where you can get some money.' The caller also said, 'Go out and steal it somewhere.' He further stated that Janoff 'had a lot of things to think of, his wife, his children,' and closed the conversation by saying he would call on Wednesday.

On September 21, 1956, the person who first called Janoff called again. Janoff informed him that he had $1,000. Arrangements were made to meet the caller at Livernois and Fenkell avenues in the city of Detroit to give him the $1,000. Janoff drove his car to the designated intersection accompanied by a detective concealed in the back seat. Robert Blythe approached the car when it stopped at the intersection and asked for the money. The police officer arose from the back seat, chased Blythe, apprehended him, and placed him under arrest.

Janoff testified that shortly after he arrived home he received a telephone call, the caller saying 'Hello, you got the wrong man, sucker.'

Robert W. Blythe testified he had known Moses Maranian for 20 years. He stated he was unemployed at the end of August, 1956, at which time he engaged in a conversation with defendant Maranian, who told him Leo Janoff was indebted to various tobacco concerns. Blythe said Maranian suggested that Blythe attempt to collect the accounts, the latter to receive 25 per cent of the amount collected. Maranian had the unpaid checks and Blythe, being unemployed, decided to try and collect them. After leaving Maranian, Blythe called Janoff and requested payment. Janoff told him he had settled one way or another and that he did not intend to pay. Janoff stated his was only a moral obligation. Blythe then returned and told Maranian of his call. Maranian informed Blythe he would call Janoff. Blythe testified that subsequently, in a discussion with Maranian about the bombing, Maranian said 'they had shook him up' and 'that Janoff should be willing to pay some monies then.' Blythe further testified Maranian had said that they had thrown a 'pineapple.'

Blythe also testified that on September 12, 1956, he called Janoff and asked Janoff what he intended to do. Janoff said he would try to arrange some type of payment. Janoff wanted to know to whom he was talking. Blythe told him it didn't matter, that he was not connected with the bombing, but that the knew about it. Blythe further testified that he called Janoff again on September 17th and that Janoff informed him he had $400. Blythe indicated this was not enough and that Janoff would have to get more. He further told Janoff that he did not believe that Janoff would want them to get rougher.

Blythe further testified that on September 18th he told Maranian of his conversation with Janoff and Maranian replied he would talk to Janoff again. Blythe didn't know whether Maranian called Janoff subsequent to that time.

On September 21st Blythe called Janoff, and arrangements were made with reference to the payment of the $1,000. When Blythe met Janoff at Livernois and Fenkell he had 3 checks executed by Janoff which had been given to him by Maranian. On arrival at Livernois and Fenkell he was arrested.

Blythe stated he was never present when Maranian made any telephone calls to Janoff. He did testify that Maranian was present when he called Janoff to arrange the collection of the $1,000. Janoff's testimony with reference to the telephone conversations was substantially borne out by the recordings which were introduced in evidence.

Following examination and prior to trial the defendant filed a motion to require the people to produce the statements of Robert W. Blythe, Lester Greenspan and Leo Janoff, memoranda and reports made by police officers in connection with the case, and also all recordings of the telephone conversations. This motion was denied prior to trial, and again denied at the commencement of the trial.

Defendant contends on appeal:

First, the trial court erred in denying defendant's motion to require the production of statements of the people's witnesses and the telephone recordings.

Second, it is not extortion to attempt to compel the payment of a debt fraudulently incurred when telephone threats of force are employed, but is merely an assault, if criminal at all.

Third, the trial court erred in admitting in evidence exhibits 7 and 8--telephone recordings not authorized by the sender.

Fourth, the evidence was insufficient to warrant the conviction of defendant of the crime of extortion.

In argument in support of his first question, the defendant contends that, in the light of what he calls the modern and more desirable trend in discovery practice and procedure, the trial judge...