UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : V. : NO. 80-00080-1 CRIMINAL JACK HALPERIN : MEMORANDUM AND ORDER Oral argument on defendant's numerous pretrial motions was scheduled for August 28, 1980, at 10:00 A.M. Because of the voluminous nature of the motions, at the appointed hour counsel were directed to confer in an effort to obtain amicable compliance with some of the requests and to reduce the issues that would have to be considered by the court. Counsel met until 1:00 P.M. and reported significant accomplishment as a result of the conference. The parties informed the court that (a) defendant's motion for a severance was now moot because the codefendant, Philip Cohen, is a fugitive and will not be tried on September 15, 1980; (b) de- fendant's motion to suppress Bank Records had been satisfied by Government counsel's representation that Title 12 U.S.C. § 3420 had been complied with; and (c) the motion for return of the records of High Vista, Inc., in the possession of the Grand Jury has been satisfied by the Government making avail- able the original records to defense counsel for inspection and copying. The unresolved disputes were then presented to the court and argument was heard. The remaining unfulfilled requests in defendant's two motions for Bill of Particulars ____________1 are denied except that the Government will be ordered to supply particulars as to Numbers 17 B, 18 A, 21 B, and 23 A. The remaining challenged request in defendant's motiqns for Discovery and Inspection of Physical Evidence is the request for a copy of all Grand Jury testimony of all persons who appeared before the Grand Jury. Defendant has failed to advance a sufficient particularized need for such broad discovery, Dennis v. United States, 384 U.S. 855 (1966), and the request will be denied. After consideration of defendant's Motions to Dismiss and To Strike Certain Paragraphs of the Indictment, the briefs filed in support of, and in opposition to, said motions, and oral presentations of counsel, it will be ordered that de- fendant's motions be denied. /s/ Chief-Judge, Middle District of Pennsylvania Dated: September 25, 1980 - 2 - ORDER Now, this 25th day of September 1980, in accordance with the memorandum this day filed, it is ordered that (a) Defendant's motions for a Severance, to suppress Bank Records, and for return of certain records of High Vista, Inc., are moot and are dismissed; (b) Defendant's motions for Bill of Particulars are denied except that the Government is directed to supply particulars to defendant as requested in Numbers 17 B, 18 A, 21 B, and 23 A; (c) Defendant's motions for Discovery and Inspec- tion of Physical Evidence, to Strike Certain Paragraphs of the Indictment, and to Dismiss, are denied. /S/ Chief Judge,,Middle District of Pennsylvania Dated: September 25, 1980
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