United States v. Hoffa

• Citation: 156 F. Supp. 495
• Parties: UNITED STATES of America v. James Riddle HOFFA, Defendant. UNITED STATES of America v. James Riddle HOFFA, Owen Bernard Brennan and Bernard Bates Spindel, Defendants.
• Decision Date: 06 November 1957
• Court: U.S. District Court — Southern District of New York

156 F. Supp. 495

UNITED STATES of America v. James Riddle HOFFA, Defendant.

UNITED STATES of America v. James Riddle HOFFA, Owen Bernard Brennan and Bernard Bates Spindel, Defendants.

United States District Court S. D. New York.

On Motions for Continuance October 24, 1957.

On Motions to Dismiss Indictments November 6, 1957.

On Motions to Suppress Evidence November 6, 1957.

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Paul W. Williams, U. S. Atty., Daniel F. McMahon, Chief of Criminal Division, New York City, for the Government, John D. Roeder and Jerome J. Londin, Asst. U. S. Attys., New York City, of counsel.

Sol Gelb, New York City, for defendants James Riddle Hoffa and Owen Bernard Brennan.

Harris B. Steinberg, New York City, for defendant Bernard Bates Spindel.

HERLANDS, District Judge.

On Motions for Continuance.

Can the defendants obtain a fair and impartial trial at this time in view of widespread adverse pretrial publicity about them, and in particular about the defendant Hoffa? This is the question posed by motions made by the defendants for a postponement of the trials of the two indictments herein.

In the moving affidavit, sworn to October 1, 1957, defendants ask to have the trial of the wiretapping indictment deferred for a "substantial period of time." In the moving affidavit, sworn to October 16, 1957, defendants ask for an "indefinite" postponement of the trial of the two indictments.

The first indictment (C. 153-18) charges the defendants Hoffa, Brennan and Spindel with a conspiracy to violate Title 47 U.S.C.A. § 605.

It is important to note at the outset that section 605 relates only to "interstate or foreign communications by wire or radio".

The period of the conspiracy, as charged, is from on or about January 1, 1953 up to and including the date of the filing of the indictment, May 14, 1957. The gist of the alleged conspiracy is that the defendants would intercept wire communications and publish the contents of such intercepted communications without authority by the sender of the communications, and that the information contained in said communications would be used for the benefit of the defendants and for the benefit of others not entitled thereto. The indictment further charges that it was part of the conspiracy that Hoffa and Brennan would procure Spindel to install various wire tapping devices so as to permit Hoffa and Brennan to intercept telephonic communications being transmitted over telephones located in the Teamsters Union headquarters, 2741 Trumbull Avenue, Detroit, Michigan, which communications were of persons including officers and employees of various local unions affiliated with the International Brotherhood of Teamsters. In addition, the indictment charges that part of the conspiracy included the interception of telephonic communications of persons using the telephones located in the Teamsters Union Headquarters Building who might be called to appear before Joint Hearings conducted by Special Subcommittees of the Committee on Government Operations and Education and Labor, House of Representatives, Eighty-third Congress of the United States of America, conducting an investigation of alleged labor racketeering practices in the area of Detroit, Michigan. A similar charge is made with regard to the interception of telephonic communications of persons who might be called before a Grand Jury investigating alleged labor racketeering in the City of Detroit, Michigan, and also persons who might be called to appear at hearings conducted by a Special Subcommittee of the Committee on Education and Labor, House of Representatives, Eighty-third Congress of the United States of America, conducting an investigation of Welfare Funds and Racketeering.

The indictment lists 16 overt acts.

The trial of this indictment was adjourned to September 23, 1957 and then to October 15, 1957.

On October 2, 1957, defendants Hoffa and Brennan made the present motion. The motion was returnable and argued in behalf of all of the defendants on October 15, 1957.

The second indictment (C. 154-26) was filed on September 25, 1957, after Hoffa had been excused by the Senate Committee. It names only Hoffa as a defendant. It charges him with having committed five counts of perjury in violation of Title 18 U.S.C. § 1621.

The alleged perjury took place while Hoffa was testifying as a witness before a Federal Grand Jury in this District, which was investigating "possible violations of the wiretapping, racketeering, obstruction of justice and conspiracy laws of the United States, and other Federal criminal statutes."

On October 15, 1957, Hoffa pleaded not guilty to the perjury indictment. On the same date, his attorney argued a motion for an indefinite continuance of the trial. (A formal notice of motion was filed on October 18, 1957, with the Court's permission.)

Pointing out that the first indictment was filed on May 14, 1957, and the second indictment was filed on September 25, 1957, defendants argue that "on or about August 1, 1957" and continuing "unabated since that time" and "presently in progress" defendant "Hoffa has been the target of an unparalleled attack by newspapers, periodicals, radio, movie and television," "spearheaded by a Select Subcommittee of the United States Senate which has openly avowed its intention to destroy the defendant Hoffa" (Defendant-Hoffa's memorandum, p. 3). Defendants have submitted several hundred exhibits designed to show that it is impossible for them, especially Hoffa, to obtain a jury that will be able to render a fair and impartial verdict based solely upon the trial evidence.

The United States Attorney contends that, notwithstanding admittedly widespread adverse pretrial publicity, there is a reasonable likelihood that a fair and impartial jury can be selected; that prior experience with similar situations justifies that belief; that Hoffa will continue indefinitely to be a controversial public figure; and that, in any event, the way to determine whether a fair and impartial jury can be drawn is by the actual proceedings upon the voir dire.

The answer to the problem of a fair trial in the face of widespread adverse pretrial publicity about a defendant has been found, in the overwhelming majority of cases, by adopting a pragmatic approach. The courts have utilized a procedure that will secure a just and moral result in accordance with constitutional standards.

American law has been distinguished by its freedom from juridical metaphysics. It is characterized by an emphasis upon the achieving of practical justice by workable means consonant with the traditional ideals of fairness and impartiality.

In view of the controlling authorities cited in the course of this opinion, this Court has concluded that the defendants' motions to postpone the trials of the two indictments herein indefinitely or for a substantial period of time should be, and hereby are, denied in all respects.

Under the circumstances disclosed by the facts in this case, the defendants' constitutional rights to a trial by a fair and impartial jury will be protected by the proper utilization of the voir dire. If, upon the conduct of the voir dire, it should appear that there is genuine doubt whether the defendants can obtain a fair and impartial trial, that doubt will be resolved in favor of the defendants in accordance with the canon that constitutional rights should be liberally construed. In that event, the defendants, if so advised, may move for a continuance.

The following judicial decisions have clearly enunciated the law applicable to situations where, as here, there has been widespread adverse pre-trial publicity about a person named as a defendant in a criminal case: Dennis v. U. S., 1950, 339 U.S. 162, 168, 70 S.Ct. 519, 94 L.Ed. 734; U. S. v. Moran, 2 Cir., 1956, 236 F.2d 361; U. S. v. Dennis, 2 Cir., 1950, 183 F.2d 201, 226-228, affirmed 1951, 341 U.S. 494, 71 S.Ct. 857, 95 L.Ed. 1137; United States v. Flynn, 2 Cir., 1954, 216 F.2d 354, 376, certiorari denied 1955, 348 U.S. 909, 75 S.Ct. 295, 99 L.Ed. 713; United States v. Moran, 2 Cir., 1952, 194 F.2d 623, 625, certiorari denied 1952, 343 U.S. 965, 72 S.Ct. 1058, 96 L.Ed. 1362; United States v. Bando, 2 Cir., 1957, 244 F.2d 833, 838; Allen v. U. S., 7 Cir., 1925, 4 F.2d 688, 697-698, certiorari denied Hunter v. U. S., 1925, 267 U.S. 597, 45 S.Ct. 352, 69 L.Ed. 806; Finnegan v. United States, 8 Cir., 1953, 204 F.2d 105, 110, certiorari denied 1953, 346 U.S. 821, 74 S.Ct. 36, 98 L.Ed. 347; United States v. Dioguardi, D.C.S.D. N.Y.1956, 20 F.R.D. 33, 35-36; United States v. Malinsky, D.C.S.D.N.Y.1957, 20 F.R.D. 300; United States v. Eisler, D.C.D.C.1947, 75 F.Supp. 634, 638 motion for change of venue, D.C.Cir., affirmed 176 F.2d 21, certiorari denied 1949, 337 U.S. 912, 968, 69 S.Ct. 1150, 93 L.Ed. 1723; United States v. Carper, D.C.D.C.1953, 13 F.R.D. 483, 487 motion for change of venue; Commonwealth v. Millen, 1935, 289 Mass. 441, 194 N.E. 463, 474, certiorari denied 1935, 295 U.S. 765, 55 S.Ct. 924, 79 L.Ed. 1706.

The principles enunciated by the above authorities, and which are determinative of the issues now before the Court, are:

(1) The mere fact that there has been widespread adverse pre-trial publicity about the defendant does not, by itself, establish the reasonable probability that the defendant cannot obtain a fair and impartial jury at the criminal trial.

(2) The mere fact that prospective jurors have read newspaper or other publicity items critical of the defendant does not, by itself, establish bias, pre-judgment or other disqualification on the part of the prospective jurors.

(3) Where there has been widespread adverse pre-trial publicity about the defendant, the proper procedure in the vast majority of cases is not to postpone the trial indefinitely or for a substantial period of time, but to proceed to trial and to determine upon the voir dire of the panel and the individual talesmen whether a fair and impartial jury can...