United States v. Campisi

• Decision Date: 17 July 1961
• Docket Number: No. 412,Docket 26720.,412
• Citation: 292 F.2d 811
• Parties: UNITED STATES of America, Appellee, v. Charles CAMPISI, Appellant.
• Court: U.S. Court of Appeals — Second Circuit

292 F.2d 811 (1961)

UNITED STATES of America, Appellee, v.Charles CAMPISI, Appellant.

No. 412, Docket 26720.

United States Court of Appeals Second Circuit.

Argued June 20, 1961.

Decided July 17, 1961.

Joseph J. Marcheso, Asst. U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., on the brief), for appellee.

Daniel H. Greenberg, New York City(Anthony F. Marra, New York City, on the brief), for appellant.

Before CLARK and SMITH, Circuit Judges, and DAWSON, District Judge.

J.JOSEPH SMITH, Circuit Judge.

AppellantCharles Campisi appeals from the judgment of conviction and consecutive sentence of ten years imprisonment and fine of $2,000 imposed against him in the District Court for the Eastern District of New York on April 22, 1960, for conspiracy to violate Title 21 United States Code Annotated, § 174(Title 18 United States Code § 371), and for a substantive violation of Title 26 United States Code, §§ 4705(a)and7237, andTitle 18 United States Code, § 2.Appellant was tried alone before Honorable Matthew T. Abruzzo, United States District Judge, and a jury.Leave to appeal in forma pauperis was granted and the Legal Aid Society was appointed to represent him on this appeal.

The indictment, filed August 11, 1955, charged the defendantCharles Campisi, his brother Thomas and three others, Frank Giampaoli, Ugo Giampaoli and Aniello Santagata, with conspiracy in the Eastern District of New York illegally to import, receive, conceal and sell narcotics between January 1, 1955 and August 3, 1955.The substantive count, Count Three, on which appellant was also convicted, alleged a sale in the Eastern District of New York on or about April 20, 1955.Appellant was claimed to have been a fugitive until March 1959, when he surrendered and was removed from the District of Connecticut to the Eastern District of New York to stand trial.Trial commenced March 23, 1960.Sentence was imposed April 22, 1960, appeal filed April 29, 1960.

Appellant relies on four claimed errors, prejudicial conduct of the trial, violation of the Jencks rule, infra, insufficient evidence of aiding and abetting the substantive crime charged, and prejudicial error in the charge.

The government's theory was that the two named Campisi brothers, residing in New Jersey, were the source of supply for Ugo Giampaoli, in the Eastern District, with Santagata as a go-between.

Undercover Agent Zirilli was introduced March 13, 1935 by a special employee, one Rich, or Montana, to Ugo Giampaoli, an alleged co-conspirator.Giampaoli, a chef at Bella Roma Restaurant in Hempstead, Long Island, resided at 143-43 Springfield Boulevard, Queens.Conversations were had between Zirilli and Giampaoli at both places.On inquiry as to the price of a half kilo of heroin, Giampaoli indicated that he would have to consult his source of supply.Later he quoted prices in lots of from ¼ to 1 kilo, 80-85% pure.On April 18, 1955 Giampaoli delivered a sample to Zirilli.The agent, interested in reaching Giampaoli's source, made no arrest at this time, but negotiated for a ¼ kilo purchase, although complaining about the quality of the sample.A price of $2,300 was agreed on, and paid by Zirilli, delivery to be made later that day.Zirilli and Giampaoli met that afternoon at the Jamaica race track.Giampaoli told Zirilli that he did not yet have the heroin, but would leave the Bella Roma Restaurant at 6:00 o'clock to get it and would deliver it to Zirilli at Giampaoli's house at 10:00 o'clock.Giampaoli returned to his house about 11:20 stating that the man had driven him almost to Philadelphia and had driven very slowly.He gave Zirilli ¼ kilo of heroin in a brown paper bag.Six other agents, in three teams, using three radio cars, undertook surveillance of Giampaoli from the time he left the race track.He went to a diner, dined alone, and returned to his house, where he was met by Santagata in a green Lincoln.After some circling the car crossed to Manhattan, then through the Holland Tunnel to a diner on the New Jersey side, where Santagata made two phone calls.The two then drove to 1 Kearney Avenue, Newark, and parked.Defendant and his brother Thomas arrived in a blue Chrysler, Charles driving.Thomas entered the Lincoln and spoke with Santagata and Giampaoli, returning to the Chrysler, which then drove off.The Lincoln drove into Newark, stopped and Thomas Campisi entered it.The car proceeded to 458 South 11th Street, where defendant resided.Defendant was parked nearby in the Chrysler.Santagata, Thomas Campisi and Giampaoli went into the doorway of the building at 458 South 11th Street.DefendantCharles Campisi drove off in the Chrysler, returned and entered the vestibule, handing a brown paper package to Santagata.The four left, Santagata and Giampaoli in the Lincoln, defendant and Thomas Campisi in the Chrysler.The Lincoln was followed back to Giampaoli's home at 143-43 Springfield Boulevard, Queens, where Zirilli was waiting.Giampaoli entered the house with Zirilli and placed a brown paper bag, similar in size and shape to the one given him by defendant, on the kitchen table.The bag contained ¼ kilo of heroin in a black satin oilcloth.

On May 16 and 18, 1955, Zirilli negotiated with Giampaoli for another ¼ kilo, which Giampaoli indicated was to come from the same source in Newark but to be of better quality.Zirilli paid Giampaoli $2,400 in advance and on May 19 Santagata delivered the heroin, wrapped as was the April 20 delivery.Santagata later stated to Zirilli that the four Campisi brothers were his source in Newark.Zirilli and Santagata arranged to take a trip to Mexico for heroin, Zirilli introducing Agent Tremoglie as his brother-in-law who was to carry on his narcotics business while he was away.An effort was made to have Tremoglie meet the Campisis, Santagata taking him to Newark and delivering another ¼ kilo to him within a block of Thomas Campisi's residence, but avoiding the requested meeting.On July 19, 1955, however, Tremoglie, on a trip to Newark with Giampaoli and Montana, a special employee, refused to pay over the money ($2,500) in advance unless he met the connection, and succeeded in meeting Thomas Campisi, who sold ¼ kilo, stating that it was from the same package as Tremoglie got when he came up with Santagata, that he had a package and broke it in four,...