United States v. Tarantino

No. 08-CR-0655(JS), 2012 U.S. Dist. LEXIS 159850 (2012)

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United States v. Tarantino

United States District Court for the Eastern District of New York

No. 08-CR-0655(JS), 2012 U.S. Dist. LEXIS 159850 (2012)

Facts

Christian Tarantino (defendant) was charged with the murder of and conspiracy to commit the murder of Vincent Gargiulo. Scott Mulligan was Tarantino’s acquaintance. Scott’s wife, Manon Mulligan, told police that she had found an anonymous letter addressed to Scott. The letter stated that if the author was not paid $500,000, the author would present to law enforcement a recording he had made of Tarantino implicating Tarantino and Scott in various crimes. Manon believed that the letter was written by Gargiulo. Manon testified at an evidentiary hearing that when she received the letter, she called Keith Pellegrino, who picked up the letter and stated that he would take it to James Froccaro. After hearing this, the government asked Froccaro about the letter. Froccaro told the government he did not have it and had never received it. At Tarantino’s trial, Froccaro invoked his Fifth Amendment privilege against self-incrimination and thus was unavailable to testify. The trial court permitted Manon to testify to the contents of the letter. Tarantino was convicted of conspiracy to murder Gargiulo. Tarantino filed a motion for a new trial, arguing that Manon’s testimony violated the best-evidence rule.

Rule of Law

Issue

Holding and Reasoning (Seybert, J.)

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