United States v. Sorrentino

• Decision Date: 26 June 1948
• Docket Number: No. 11676 C. D.,11676 C. D.
• Citation: 78 F. Supp. 425
• Parties: UNITED STATES v. SORRENTINO et al.
• Court: U.S. District Court — Western District of Pennsylvania

78 F. Supp. 425

UNITED STATES v. SORRENTINO et al.

No. 11676 C. D.

District Court, M. D. Pennsylvania.

June 26, 1948.

COPYRIGHT MATERIAL OMITTED

Arthur A. Maguire, U. S. Atty., and Joseph P. Brennan, Asst. U. S. Atty., both of Scranton, Pa., for the Government.

Patrick J. Flannery, of Pittston, Pa., Daniel Jenkins, of Scranton, Pa., and Nathan Seeberg, of Buffalo, N. Y., for defendant Vincent Anthony Sorrentino.

William P. Farrell, of Scranton, Pa., for defendant Samuel Riviello.

Joseph Tedesco, Frank J. McDonnell, and Ulric J. McHale, all of Scranton, Pa., for defendant Elizabeth A. Kobli.

Carl Carey, of Scranton, Pa., for defendant Harold E. Schiavo.

MURPHY, District Judge.

Defendant, Vincent Anthony Sorrentino, also known as Jimmy Duffy et al., found guilty by a jury of violation of 18 U.S.C.A. §§ 398, 399,¹ and 18 U.S.C.A. § 88,² conspiracy to violate Sections 398 and 399, moves for a new trial.

As to the substantive offenses, it was charged in Count 1 that defendants caused one Mary Kovacs Riviello to be transported from Scranton, Pa., to Buffalo, N.Y., in interstate commerce for the purpose of prostitution with the intent and purpose to induce and entice her to become a prostitute; in Count 2 that defendants persuaded, induced and enticed and caused Mary Kovacs Riviello to go into interstate commerce as aforesaid with the intent and purpose that she should engage in the practice of prostitution. In each of the counts the charge was made that the defendants did the act itself; that they caused it to be done; in Count 1 that they did aid, abet and assist, and in Count 2 aid and assist in the accomplishment of the respective acts charged.

The conspiracy count charged concerted action in violating Sections 398, 399, and set forth four overt acts, the first of which was during the trial withdrawn by the government.

Defendant Riviello, husband of the victim, and defendant Schiavo plead guilty before trial. Riviello testified as a government witness. Defendant Kobli, aunt of the victim, and defendant Sorrentino plead not guilty. Neither of them testified in their own behalf.

After the verdict of guilty was returned and sentence passed defendant Kobli, without having first moved for a new trial, filed an appeal, disposition of which is pending.

Defendant Sorrentino moved for a new trial averring the evidence was not sufficient to support a conviction; and certain alleged errors in the conduct of the trial.

In considering the sufficiency of the evidence to sustain the verdict of the jury, this court must take that view of the evidence which is most favorable to the government; must give to the government the benefit of all the inferences which reasonably may be drawn from the evidence; and must refrain from concerning itself with the credibility of witnesses and the weight of the evidence. Affronti v. United States, 8 Cir., 1944, 145 F.2d 3, 5. The verdict of the jury must be sustained if there is substantial evidence to support it. Glasser v. United States, 1942, 315 U.S. 60 at page 80, 62 S.Ct. 457, 86 L.Ed. 680; United States v. Manton, 2 Cir., 1938, 107 F.2d 834, 839, certiorari denied 309 U.S. 664, 60 S.Ct. 590, 84 L.Ed. 1012; United States v. Michener, 3 Cir., 1945, 152 F.2d 880, 885; United States v. Toscano, 2 Cir., 1948, 166 F.2d 524.

A careful reading of the record in the light of those principles satisfies us that the verdict of the jury must be upheld. It is not necessary to recount the evidence at length. It is enough to say that the jury could have found, and in support of their verdict, we may properly assume, did find the following:

In the Spring of 1946, defendant Sorrentino came from Buffalo to Scranton, met with and talked to defendant Kobli. About that time defendant Riviello at Kobli's apartment in Scranton met and became acquainted with Mary Kovacs, an eighteen year old unmarried girl, a niece of Kobli, who was then living with her aunt and who had come to Scranton from her home in Northampton to give birth to a child.

Shortly before May 10, 1947, Riviello and Kobli talked about putting Mary into a house of prostitution. Kobli told Riviello, a young G. I., age twenty-two, that Mary would make a good prostitute and make a lot of money. Kobli helped in the preparations for the marriage between Riviello and Mary which occurred on May 10. Early Monday morning, May 12, Riviello, Schiavo and Mary left Kobli's apartment and shortly thereafter travelled by Greyhound bus, an interstate common carrier, from Scranton, Pa., to Buffalo, N.Y., where they met Sorrentino. Within a few days Sorrentino, unable to place Mary in a brothel in Buffalo, arranged to send her to one in Utica, N. Y., where for several weeks she plied her trade, turning over from time to time her share of her earnings to Sorrentino.

Before leaving for Buffalo the victim was instructed on Sunday afternoon by Schiavo and on Sunday evening by Kobli as to methods, dress and other conduct in the work of a prostitute. She was dressed by Kobli in the apparel of the calling, admired and told she would make a lot of money, and thereafter given by Kobli a supply of clothes which she should use in her work. She was advised by Kobli as to what to do if she was questioned, to change her name and age, and other sordid details which are spelled out in the record.

Kobli on Sunday night before their departure told Riviello that she had been in touch with Sorrentino and talked to him; that she told him that the victim and Riviello were going to Buffalo. She told the victim and Riviello where they could find Sorrentino, giving them two Buffalo addresses and a phone number; that Sorrentino had good connections, knew a lot of places where Mary could go to work in a brothel and that he would tell them where to go; that when they met Sorrentino they were to tell him that she sent them down; Riviello was to say that he was "Sammy from Scranton." When Mary was leaving Kobli's last words were, "Behave yourself * * * and do everything you are told to do."

As soon as Riviello met Sorrentino in Buffalo the latter immediately asked, "Are you Sammy from Scranton? Is this Betty Kobli's niece?", notwithstanding the fact that neither the victim nor Riviello had ever seen him before, or been otherwise introduced.

The evidence showed an incompleted call by Kobli in an attempt to reach Riviello at Buffalo, and later a completed call after Riviello had left Buffalo when Kobli talked to her niece, while Sorrentino stood two or three feet away, at which time Kobli said, "How is Jimmy Duffy treating you * * * He is a good fellow. You don't have to be afraid * * * when you are to go to the place wherever you are write and let me know."

Various witnesses testified as to corroborative details, utility records of the phone call on Tuesday, hotel registrations of the victim, Riviello and Schiavo in Buffalo, and of the victim and Sorrentino in Buffalo and Utica.

A defendant is liable where as part of the inducement he gave assurance of a place and a means to practice. Schrader v. United States, 8 Cir., 1938, 94 F.2d 926.

From a study of the record and a thorough consideration of the arguments and briefs of counsel, we hold that there was ample substantial testimony supporting no other reasonable hypothesis but that of guilt of the defendant Sorrentino on all charges. In that respect the verdict of the jury is well sustained.

Unless there is some error in the conduct of the trial the verdict of the jury must stand.

Throughout the trial there were objections continuously as to the admissibility of the declarations of the respective defendants in the absence of some or all of the other defendants. We admitted much evidence on the theory of agency. Cr.Code, § 332, 18 U.S.C.A. § 550; see Morgan v. United States, 5 Cir., 1945, 149 F.2d 185, certiorari denied 326 U.S. 731, 66 S.Ct. 39, 90 L.Ed. 435; Backun v. United States, 4 Cir., 1940, 112 F.2d 635, 637; Gordon v. United States, 6 Cir., 1947, 164 F.2d 855 at 860; United States v. Olweiss, 2 Cir., 1943, 138 F.2d 798, an opinion by Learned Hand, J., at page 800, "* * * any evidence admissible against * * * (one defendant) was admissible against * * * (the other defendants), so far as it consisted of conduct in furtherance of the joint venture in which all three were engaged. The notion that the competency of the declarations of a confederate is confined to prosecutions for conspiracy has not the slightest basis; their admission does not depend upon the indictment, but is merely an incident of the general principle of agency that the acts of any agent, within the scope of his authority, are competent against his principal." United States v. Perillo, 2 Cir., 1947, 164 F.2d 645, 647, "* * * proof of agency made the agent's representations admissible against his principal in this criminal prosecution just as it would have in a civil action." Garber v. United States, 6 Cir., 1944, 145 F.2d 966, 969, "The fact that the case at bar is not a formal conspiracy case does not affect the applicability of the principle that circumstantial evidence which connects the defendant with the criminal transactions of his known agent may be received and considered; for, as was pointed out in Cossack v. United States, 9 Cir., 82 F.2d 214, 216, `the common object of persons associated for illegal purposes forms part of the res gestæ, and acts done with reference to such object are admissible, though no conspiracy is charged.' See, also, Lee Dip v. United States, 92 F.2d 802, 803, and Belden v. United States, 223 F. 726, 730, from the same circuit."

Defendant avers error in that the government attorney in opening described Kobli as a prostitute and later proved that she was a prostitute and at times a madam of a brothel. The questions merge into one of admissibility of evidence under the circumstances in a case of this kind. United States v. Monjar, 3 Cir., 1944, 147 F.2d 916, 924.

The testimony was restricted in its effect to ...