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John Murtha — Part 28
Page 127
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shows, the agreement was simply that if Criden's conviction
in the Myers case was affirmed, the government would dismiss
the indictment against him in the Thompson case. No guilty
plea was contemplated. The understanding was arrived at
only as a matter of timing of the trial, should one become
necessary. Defendant Murphy could not have been adversely
affected by that agreement, whether it was reached before
or after conclusion of the Thompson trial.
. With respect to the court's supplemental instruc-
tion in response to two notes from the jury, the matters
were extensively discussed on the record before the instruc-
tions were given. Thompson Tr. 3235-3283. There the court's
analysis is set forth; nothing ‘in defendants' present argu-
ments changes that view.
. Murphy's motions are therefore denied.
C. Thompson's Motions. | a
Thompson, too, incorporates all of his due. yrictie |
arguments as a basis for judgment of acquittal or a new
trial. In addition, he advances arguments under Brady
v. Maryland, 373 US 83 (1973), focused upon Weinberg' 's
credibility. He also challenges the Sufficiency o£ the
indictment and the proof that together focus upon the concept
_of Thompson's receiving money in return for Murphy" s being.
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