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UNITED STATES v. DeROSA

Nos. 76-1642, 76-1643.

548 F.2d 464 (1977)

UNITED STATES of America v. Kenny DeROSA a/k/a Pup, Appellant in No. 76-1642, et al. Appeal of Brando ROSETTA, in No. 76-1643.

United States Court of Appeals, Third Circuit.

Decided January 11, 1977.

Attorney(s) appearing for the Case

Robert E. J. Curran, U. S. Atty., E. D. Pa., Jerome M. Feit, William C. Brown, Attys., Dept. of Justice, Washington, D. C., for appellee.

John Rogers Carroll, Philadelphia, Pa., for appellant, Kenny DeRosa.

I. Leonard Hoffman, Philadelphia, Pa., for appellant, Brando Rosetta.

Before STALEY, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

The government's opening at the start of a criminal trial which charged both conspiracy and substantive offenses consisted in large part of a verbatim reading of certain wiretap transcripts through which the government claimed that it would prove the five substantive counts against appellant DeRosa. During trial, the wiretap evidence was excluded, and the substantive counts...

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