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John Murtha — Part 28
Page 125
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are separate crimes for which Congress has established
lawfully be convicted for both an unlawful gratuity and
conflict of interest is unsupported by either legislative
history or case law.
Murphy's contention that the jury's verdicts
on the conflict of interest count are. inconsistent because
Thompson was acquitted while Murphy was convicted, is equally
unconvincing. The jury was instructed to consider separately
the evidence relating to each defendant on each. count. :
The fact that the jury returned a mixed verdict nerely
indicates that they endeavored to follow the court's instruc--
tions. Moreover, even if the verdicts are viewed as incon-
Sistent, that would not be a basis for setting’ aside the
conviction. Standefer v. US, 100 SCt 1999 (1980). ©
With respect to the court's stiffening of its
position with respect to co-conspirator hearsay statements, ,
even defendant Murphy does not claim that the charge. given
to the jury was erroneous. Instead, he claims that his |
trial tactics would have been different had the court alerted
him at the beginning of the trial that the problem would
be handled differently from what had happened at the Myers
trial. The claim of actual reliance is as unconvincing
- as is the claim of a right to rely on discussions about
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