UNITED STATES v. MESSERLIAN

Crim. No. 85-262 (AET).

633 F.Supp. 1493 (1986)

UNITED STATES of America v. Harry H. MESSERLIAN and Henry F. Wolkowski, Defendants.

United States District Court, D. New Jersey.

April 29, 1986.


Attorney(s) appearing for the Case

Gregory F. Linsin, Criminal Section, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., Bruce Merrill, Asst. U.S. Atty., Trenton, N.J., for the Government.

Anthony J. Fusco, Jr., Passaic, N.J., for defendant Messerlian.

Joseph A. Hayden, Jr., Hayden & Perle, Hoboken, N.J., for defendant Wolkowski.


OPINION

THOMPSON, District Judge.

INTRODUCTION

Harry Messerlian and Henry Wolkowski, members of the New Jersey State Police, move before this court for an order overturning the verdict of a jury which sat in judgment over a three-month trial. Messerlian stands convicted of violating the civil rights of Joseph Topolosky by striking him with a heavy, weapon-like flashlight — blows which resulted in Topolosky's death — as well as conspiring...

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