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John Murtha — Part 28
Page 124
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a matter of law he cannot be found guilty of both receiving
a criminal gratuity and conflict of interest; (2) that
he cannot be found guilty on the conflict of interest. count
because Thompson was acquitted on that count; (3) that _ |
the court's supplemental instruction on receipt of the
money was erroneous; (4) that the court's treatment of
co-conspirator hearsay statements under US v. Geaney, 417 |
F2d 1116 (CA2 1969), was improper because it was more: harsh
on defendants than in the Myers case; (5) that the government
suppressed certain evidence concerning Criden's possession
of a briefcase on January 8, 1980; (6) that there were
Brady violations with respect to Weinberg's testimony at
the Myers trial and other incidents relating to Myers};
(7) that there were Brady violations concerning Congressman
Murtha's testimony about whether or not he expected toa
be prosecuted; and (8) that the government improperly conceal-
ed information about codefendant Criden's "plea deal".
~ The court has carefully reviewed all of the argu- _
ments advanced by defendant Murphy and concludes that. no
one of them taken alone, nor all of them taken together,
warrant either a new trial or a judgment of acquittal.
Only a few comments about Murphy's arguments
are necesssary. The legal theories surrounding -conflict
of interest and receipt of a criminal gratuity were explored
at length at the trial on the record. ' Simply put, they
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