home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. SALERNO et al.
- certiorari to the united states court of appeals for
- the second circuit
- No. 91-872. Argued April 20, 1992-Decided June 19, 1992
-
- The respondents were indicted on a variety of federal charges, including
- fraud and racketeering in connection with the allocation of construc-
- tion contracts among a so-called ``Club'' of companies in exchange for
- a share of the proceeds. Witnesses DeMatteis and Bruno, owners of
- the Cedar Park Construction Corporation, testified before the grand
- jury under a grant of immunity that neither they nor Cedar Park
- had participated in the Club. At trial, however, the United States
- used other evidence to show that Cedar Park was a Club member.
- The respondents subpoenaed DeMatteis and Bruno, but they invoked
- their Fifth Amendment privilege against self-incrimination and
- refused to testify. The District Court denied the respondents' request
- to admit the transcripts of DeMatteis' and Bruno's grand jury testi-
- mony pursuant to Federal Rule of Evidence 804(b)(1)-which permits
- admission of an unavailable declarant's testimony from a former
- hearing if the party against whom it is now offered had a ``similar
- motive to develop the testimony by direct, cross, or redirect examin-
- ation''-reasoning that a prosecutor's motive in questioning a witness
- before the grand jury is different from his motive in conducting the
- trial. The respondents were convicted, but the Court of Appeals
- reversed, holding that the District Court had erred in excluding the
- grand jury testimony. It ruled that, to maintain ``adversarial fair-
- ness,'' Rule 804(b)(1)'s similar motive element should evaporate when
- the government obtains immunized testimony in a grand jury pro-
- ceeding from a witness who refuses to testify at trial.
- Held:
- 1.Former testimony may not be introduced under Rule 804(b)(1)
- without a showing of ``similar motive.'' Nothing in Rule 804(b)(1)
- suggests that a court may admit former testimony absent satisfaction
- of each of the Rule's elements. The respondents err in arguing that
- the Rule contains an implicit limitation permitting the ``similar
- motive'' requirement to be waived in the interest of adversarial
- fairness. Also rejected is the respondents' argument that the United
- States forfeited its right to object to the testimony's admission when
- it introduced contradictory evidence about Cedar Park. Here, the
- United States never revealed what DeMatteis and Bruno said to the
- grand jury, but, rather, attempted to show Cedar Park's involvement
- using other evidence. In addition, the respondents mistakenly argue
- that adversarial fairness prohibits the suppression of exculpatory
- evidence produced in grand jury proceedings. Dennis v. United
- States, 384 U.S. 855, distinguished. Pp.3-7.
- 2.This case is remanded for consideration of whether the United
- States had a ``similar motive.'' Since the Court of Appeals erroneous-
- ly concluded that the respondents did not have to demonstrate such
- a motive, it did not consider fully the parties' arguments on this
- issue. Pp.7-8.
- 937 F.2d 797 and 952 F.2d 623, reversed and remanded.
-
- Thomas, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and White, Blackmun, O'Connor, Scalia, Kennedy, and
- Souter, JJ., joined. Blackmun, J., filed a concurring opinion.
- Stevens, J., filed a dissenting opinion.
-