U.S. v. Houlihan

Facts

Defendants Fitzgerald and Houlihan were accused of supplying cocaine from a flower shop in Massachusetts to street-buyers and, along with ten others, were indicted on numerous charges, including racketeering, conspiracy to commit murder in aid of racketeering, and conspiracy to distribute cocaine. George Sargent (Sargent) was a former distributor in the alleged cocaine ring allegedly run by Defendants, and prior to the trial, was arrested and made voluntary statements to the police that implicated Defendants as members of the alleged drug ring. Sargent was found murdered, and the prosecution alleged that Defendants were responsible for his killing, and either killed Sargent or had him killed in order to prevent him from testifying against them at trial. Prior to the trial, the prosecution filed a pretrial motion, asking the lower court to allow Mark Lemieux (Lemieux), a state trooper, to testify concerning the statements made by Sargent, and also requesting that the court allow a taped interview between police and Sargent. The prosecution asserted that the murder of Sargent, which Defendants had been shown by clear and convincing evidence to conspire to commit, should result in Defendants’ rights under the Confrontation Clause being waived. At trial, the lower court allowed Sargent’s statements into evidence, agreeing with the prosecution that although the statements were hearsay, the murder of Sargent had constituted a waiver of Defendants’ rights under the Confrontation Clause. Following a jury trial, each defendant was sentenced by the lower court to multiple life-imprisonment terms.