United States v. Jones

362 F. Supp. 114, 1973 U.S. Dist. LEXIS 13161
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 15, 1973
DocketCrim. No. 73-83
StatusPublished

This text of 362 F. Supp. 114 (United States v. Jones) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jones, 362 F. Supp. 114, 1973 U.S. Dist. LEXIS 13161 (E.D. Pa. 1973).

Opinion

OPINION

BECHTLE, District Judge.

The sole issue involved in this criminal case is that of entrapment. By reason of the importance of the issue of credibility in this particular instance, a recapitulation of the pertinent testimony heard by the Court without a jury is set forth below:

Testimony

A. Uncontroverted Facts

Special Agent William Bouldin (“Agent”) of the Bureau of Narcotics and Dangerous Drugs (“BNDD”) met with James Hearn (“Hearn”) for the first time immediately after a preliminary hearing on an unrelated narcotics charge in State Court at Philadelphia implicating Hearn. Agent asked Hearn if he would be willing to cooperate with Federal narcotics officials by supplying information, in return for which the Government would make such cooperation known to the state authorities where Hearn was awaiting final disposition of outstanding drug violation charges.1

On or about January 7, 1973, Hearn contacted Agent and informed him that the defendant, Edward Blair Jones (“Defendant”), was interested in selling some methamphetamine (“meth”). Agent, using a fictitious identity, phoned Defendant; they discussed terms, and set up a time and place to consummate a sale of a half-pound of meth for $1,800. The sale was to take place at a Philadelphia restaurant on January 9, 1973. On the appointed day, Agent and his partner, Special Agent Eckert of the BNDD, met with Defendant in Linton’s Restaurant at Cottman [115]*115Avenue and Roosevelt Boulevard in Philadelphia, Pennsylvania, at which time Defendant handed the undercover agents a cigarette pack empty except for a drug sample, which they there tested and approved. Apparently, under the terms of the sale that Hearn had arranged with Agent before Hearn induced Jones to become a participant, the half-pound of meth was to be produced at the place of sale by someone other than Jones. Jones was advised that, if the sample were satisfactory, he should then go to a telephone and advise William Calafatti (“Calafatti”), who presumably would then see that the meth was transported to the site of the sale. The agents exhibited to Defendant the purchase money. Defendant excused himself and went to another point in the restaurant to make the phone call and returned. A few minutes later, Defendant again excused himself, went outside and across the street. He promptly returned, beckoned the agents outside and led them to a gold Dodge Duster automobile (“Duster”) located in the restaurant parking lot. He unlocked the car and removed a package, which later turned out to be the half-pound of meth intended to be the subject of the sale. He was promptly arrested, at which time the agents identified themselves as Federal narcotics agents. The Duster had been stolen from its lawful owner earlier that day and placed on the parking lot by unknown persons (the uncontradicted testimony is that the defendant arrived at the restaurant in a small red truck which had been seen by other surveillance agents).

B. The Defendant’s Version

Defendant stated that he first met Hearn in a bar at Broad and Olney Streets in Philadelphia about two or three weeks prior to the date of arrest. Their discussion involved carpeting, which was Defendant’s line of business. Three days later, Hearn came to visit the Defendant at his place of business, together with two men whom Defendant had never seen before. These persons tried to set up a sale of some Colombian marijuana which Defendant refused. After the refusal, Hearn asked Defendant if he wanted to make some money from time to time and he handed Defendant a small packet which he accepted and kept. Hearn told Defendant it was meth. Defendant put the packet in his desk after the men left and the following week he used it as a sample on two different occasions in an attempt to secure a purchaser for a larger quantity but was not successful. Thereafter, Hearn called Defendant to inform him that he knew someone who was interested in buying some meth like the sample. Defendant asked Hearn why Hearn could not sell it himself and Hearn indicated that because of his pending cases it would be too risky. Hearn gave Defendant the telephone number of the prospective purchaser and the Defendant called the number and spoke with the person (who in reality was Agent) and the arrangements were made for the sale of a half-pound of meth for $1,800 which were terms that Defendant understood Hearn had already negotiated with this purchaser. Under these terms, Jones was not given the half-pound to take to the sale site. Rather, he was told by Hearn that if the sample was all right he should call Calafatti, whose role was presumably to initiate the delivery of the half-pound of meth to the restaurant. Defendant testified that at Linton’s, when he left the restaurant table after exhibiting the sample and seeing the agents’ money, he went to a telephone in the restaurant and called Calafatti, who was supposed to supply the meth. Defendant stated that Calafatti told him on the telephone to watch for a gold Duster in the Linton’s parking lot and that, when he saw it, he should leave the restaurant, proceed across the street to a bar and get further instructions from someone in there. Defendant said that, in accordance with these instructions, he then left the restaurant at the appointed time, crossed the street, went into the bar and that Hearn was in there and told him that the meth was in [116]*116the Duster. Hearn then handed the Defendant the keys to the Duster. Defendant took the keys, went outside, beckoned the agents from their seats in the restaurant, went over to the gold Duster, removed the meth, turned it over to the agents and was prompty arrested.

C. The Informant

Hearn (contrary to Agent’s testimony) stated that his purpose in aiding the Federal authorities was to help clean up the drug traffic in the city. He stated that his willingness to assist was not to secure favorable influence regarding the disposition of his pending state cases. He testified that he heard that Defendant may be interested in buying some marijuana, so he took two friends “from the West Coast,” and otherwise unidentified, to meet with Defendant in late December, 1972, at Defendant’s place of business. Defendant turned down the offer to buy marijuana. Hearn denied asking Defendant if he wanted to sell meth and he also denied handing him a “sample.” Hearn testified that after this initial meeting Defendant called him to discuss narcotics generally. Hearn stated that, thereafter, he called Defendant and asked him if he wanted to sell some meth because he, Hearn, had a buyer. Hearn testified that Defendant replied that he, Defendant, was interested in going ahead with the sale.

Hearn denied being in the bar across the street from Linton’s on January 9. Hearn also denied furnishing any keys to the Duster to Defendant. In support of this denial as to Hearn’s whereabouts on that day, the Government produced Hearn’s sister-in-law with whom Hearn lived at the time, who testified that she recalls he was home sick all that day.

D. Entrapment

The fact that law enforcement officials merely afford the opportunity for commission of a criminal act does not, without more, constitute entrapment. Oftentimes, a law enforcement official must rely on stealth and a strategy of encouragement for persons predisposed to commit criminal acts, needing only the opportunity to do so.

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Related

United States v. Russell
411 U.S. 423 (Supreme Court, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
362 F. Supp. 114, 1973 U.S. Dist. LEXIS 13161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-paed-1973.