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John Murtha — Part 28
Page 102
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of the three means available to the government to show |
predisposition of a defendant where that defendant claims
that governmental officials had designed and provoked the
particular crime: . i
an existing course of similar criminal
conduct; the accused's already formed
design to commit the crime or similar
crimes; his willingness to do so, as
evinced by ready complaisance. .
US v. Becker, 62 F2d 1007, 1008 (CA2 :
1933) Cemphasis supplied). cs
Ae een Se ener re eee ee ete Raph te en Smt OR Qn pps A se fy penne eRe
It is not unfair to permit a jury to infer a
defendant's mental state, his predisposition, from the
manner in which he responds to a bribe offer. With Lederer,
who. confirmed on videotape that he was "no Boy Scout",
his willingness, eagerness and predisposition were easily
and reasonably inferred from the videotape of the bribe
transaction, evidence that was more than sufficient to
support the jury's verdict. Under such circumstances,
Lederer's claim of entrapment as a matter of law must fail.
4. Publicity Leaks.
4
ma eee Re RIE Eo RT a SAR EN re ne Og es eran me
In pretrial motions all defendants argued that
the indictments should be dismissed because of prejudicial
pe emeerae «
publicity given to Abscam before return of the indictments.
There can be no doubt but that leaks from the Department
'of Justice did occur. Judge Mishler denied defendants’
pretrial motions to dismiss on this basis, finding that.
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