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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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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 2: ne eee ere nae netee Rep temunnarne parame ep Ret Cente eRe PERCE ETRE SF to Re RTT TTR SN runnin py eine ER er Ten ANON EDAREITNENIR Mer ar btm Pe cae ne ee ~ ‘ | te em
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