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Evidence Keyed to Park
United States v. Salerno
Citation:505 U.S. 317 (1992)
Seven defendants, respondents in the Supreme Court, were indicted by a federal grand jury for various offenses related to their alleged participation in the Genovese Family of La Cosa Nostra. The defendants subpoenaed DeMatteis and Bruno as trial witnesses, but they invoked their Fifth Amendment privilege and refused to testify. The defendants offered the transcripts of the grand jury testimony of the two witnesses, arguing that they fell within the hearsay exception for former testimony of an unavailable witness. The defendants, however, were convicted by the district court, because there was no showing that before the grand jury the prosecution had a similar motive to develop the testimony to the one it would have at trial.
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