United States v. Anthony Salerno, et al. (505 U.S. 317)
U.S. Supreme Court · decided June 19, 1992 · Supreme Court Database (Spaeth)
- Citation
- 505 U.S. 317 · 112 S. Ct. 2503
- Decided
- June 19, 1992
- Term
- October Term 1991
- Vote
- 8–1
- Majority author
- Justice Thomas
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Thomas delivered the opinion of the Court. Federal Rule of Evidence 804(b)(1) states an exception to the hearsay rule that allows a court, in certain instances, to admit the former testimony of an unavailable witness. We must decide in this case whether the Rule permits a criminal defendant to introduce the grand jury testimony of a witness who asserts the Fifth Amendment privilege at trial. I The seven respondents, Anthony Salerno, Vincent DiNa-poli, Louis DiNapoli, Nicholas Auletta, Edward Halloran, Alvin O. Chattin, and Amello Migliore, allegedly took part in the activities of a criminal organization known as the Genovese Family of La Cosa Nostra (Family) in New York City. In 1987, a federal grand jury in the Southern District of New York indicted the respondents and four others on the basis of these activities. The indictment charged the respondents with a variety of federal offenses, including 41 acts constituting a “pattern of illegal activity” in violation of the Racketeer Influencéd and Corrupt Organizations Act (RICO), 18U.S.C. § 1962(b). Sixteen of the alleged acts involved fraud in the New York construction industry in the 1980’s. According to the indictment and evidence later admitted at trial, the Family used its influence over labor unions and its control over the supply of concrete to rig bidding on large construction projects in Manhattan. The Family…
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