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John Murtha — Part 28
Page 136
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at the public official. This action was criticized by
Errichetti as too abrupt, and he explained that more subtle
means must be used to avoid embarrassing the public offi-
cials. |
18/ The Second Circuit, in United States v. Viviano, 437
F2d 295 (1971), commented that the element of inducement
relates simply to the government's initiation of the crime
and not to the degree of pressure exerted. "The degree
of pressure is properly considered under the element. of
propensity, as it has direct bearing on the accused's willing-
ness to respond to the inducement of the agent." 437 F2d
at 299 n.2. , ‘
Since subjective entrapment is removed from this
case by the jury's verdict against Lederer and by the other
defendants' failure to assert it at the trial, the size
of the inducement is considered heré only in connection
with defendants' claim that the agent's conduct was “out-
rageous",
19/ Indeed, when considering the accuracy and details
of what happened when the crime was committed one might
fairly compare the shadows in Plato's cave with the usual
trial based on mere oral testimony,. and the reality outside
the cave with the videotaped evidence in this case. See
Plato, The Republic, Book VII, 546 (Viking Press, Inc..
1948). (S. Buchanai ed.).
20/ See section VI-B-1 supra.
21/ Of.course, "missing" tapes would permit inferences
favorable to.a defendant, and defendants argued this point
to the juries. They do not, as the Myers defendants now
argue, require such inferences.
22/ There was some controversy over an incident involving
a New Jersey state official that occurred some three months
before the Williams incident. The recording, however,
is difficult to decipher and provides little useful evidence.
Even if Weinberg then spoke as he later did to Williams, ,
there is no evidence that he did so with any of these defen-
dants, who took their bribes five and seven months later.
23/ .R. Green, The Sting Man (Elsevier-Dutton Pub. Co.,
Inc. 1981).
24/ Leaks of information about pending prosecutions is
- a matter of grave concern to this court as it is to all
those interested in the integrity of our judicial processes.
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Particularly objectionable here was the public bragging ; ;
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