United States v. Lamantia

59 F.3d 705, 1995 WL 412132
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 13, 1995
DocketNo. 94-2667
StatusPublished
Cited by3 cases

This text of 59 F.3d 705 (United States v. Lamantia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lamantia, 59 F.3d 705, 1995 WL 412132 (7th Cir. 1995).

Opinion

CUMMINGS, Circuit Judge.

In July 1993, a grand jury indicted these defendants on a number of gambling and racketeering charges. Some time later the defendants learned that a grand juror named Robert Girardi had been caught purveying details of the grand jury’s investigation to some of its subjects. In December 1994, while their trial was still pending, defendants challenged their indictment on the basis that Girardi’s misconduct violated their due process rights. The district judge agreed: he dismissed the indictment, concluding that Girardi’s corrupt actions “infected and tainted the grand jury process itself.” United States v. Lamantia, 856 F.Supp. 424, 426 (N.D.Ill.1994). The government appeals the district court’s ruling, and we reverse.

BACKGROUND

Robert Girardi began sitting as a member of the Special October 1992-1 Grand Jury on January 4,1993. Viewing his jury service as a potentially lucrative opportunity, Girardi asked a Mend named Richard Gelsomino, whom the grand jury was investigating at the time, if Gelsomino knew anyone who might pay for information about the proceedings. Gelsomino met with Girardi on several occasions to glean information about the investigation from him, but did not succeed in interesting anyone else in the offer. He did relay Girardi’s offer to another grand jury target named Richard Lantini, but Lantini apparently was concerned that this offer was too good to be true. Lantini consulted his attorney about what he should do, and the attorney contacted the FBI.

FBI agents subsequently investigated the allegations regarding Girardi’s misconduct, initially by tape recording conversations between Girardi and Gelsomino (who by that point was cooperating with the government). One FBI agent posed as an individual interested in purchasing information from Girardi, who expressed a willingness and desire to consummate the deal. In these conversations, Girardi told the agent that he was working alone in selling the grand jury information and that apart from his brother, no one else knew of his actions.

In January 1994, agents arrested Girardi after he agreed to a $500-per-week deal with the undercover FBI agent. Girardi was convicted of contempt of court, bribery, and obstruction of justice and is now serving a 98-month sentence.

In order to determine the extent of the corruption within the Special October 1992-1 Grand Jury, FBI agents subsequently interviewed 11 grand jurors who were known to socialize with Girardi. All eleven denied knowing what Girardi had been up to or participating in it in any way. Interviews with Gelsomino and Lantini, however, suggested the possibility of more pervasive grand juror misconduct. Gelsomino told interviewers that he had a female source of information regarding the proceedings, although he did not identify her as a grand juror. Lantini, through his attorney, asserted that a woman had contacted him anonymously and told him he would not be indicted if he “came up with the money.” The FBI found no corroborating evidence to support these isolated allegations of more widespread [707]*707impropriety; Girardi’s criminal activities alone were confirmed.

Discovery of Girardi’s misconduct created a stampede to the courthouse as people who had been indicted by the grand jury (and in some cases, convicted) challenged their indictments. These challenges were for the most part unsuccessful. See, e.g., United States v. Coffey, 854 F.Supp. 520, 522-524 (N.D.Ill.1994) (Plunkett, J.); United States v. Li, 856 F.Supp. 411, 415-416 (N.D.Ill.1994) (Hart, J.); United States v. Mebust, 857 F.Supp. 609, 617-618 (N.D.Ill.1994) (Williams, J.); United States v. Messino, 855 F.Supp. 955, 959-960 (N.D.Ill.1994) (Alesia, J.).

The lone exception occurred in this case: the district judge, castigating what he called “the disrespect some courts and prosecutors have displayed for the grand jury system ... and ... the gradual emasculation of one of our republic’s most cherished traditions,” dismissed the indictment against these defendants under his supervisory powers, ruling that grand juror misconduct had created a structural defect in the indictment process. Lamantia, 856 F.Supp. at 426.

ANALYSIS

Robert Girardi betrayed his service as a grand juror. That much is undisputed and, given Girardi’s subsequent prosecution and incarceration, merits no further consideration. The relevant question for purposes of this case is not whether Girardi undermined his role as a grand juror, but whether he (alone or with others) undermined the role of the grand jury — whether the circumstances “significantly infringed on the ability of the grand jury to exercise independent judgment.” United States v. Edmonson, 962 F.2d 1535, 1539 (10th Cir.1992); see also United States v. Cederquist, 641 F.2d 1347, 1353 (9th Cir.1981). Only if the latter is true did the district court have authority to dismiss the indictment — for as a rule courts are not endowed with supervisory authority over the grand jury, which was conceived and remains functionally independent. See United States v. Williams, 504 U.S. 36, 47-48, 112 S.Ct. 1735, 1742, 118 L.Ed.2d 352 (1992) (discussing history of grand jury as “kind of buffer or referee” belonging to no branch of institutional government, and concluding that judicial supervision is “very limited”); see also United States v. Gillespie, 974 F.2d 796, 800-801 (7th Cir.1992); United States v. Schwartz, 787 F.2d 257, 267 (7th Cir.1986) (both acknowledging courts’ limited supervisory powers). Courts are generally not free to delve beneath the four corners of a validly returned indictment; they are generally not free to prescribe rules for the operation of the grand jury beyond those set out by Congress. Costello v. United States, 350 U.S. 359, 364, 76 S.Ct. 406, 409, 100 L.Ed. 397 (1956) (review of facially valid indictments “would run counter to the whole history of the grand jury institution”); Williams, 504 U.S. at 50, 112 S.Ct. at 1744 (“any power federal courts may have to fashion, on their own initiative, rules of grand jury procedure is a very limited one, not remotely comparable to the power they maintain over their own proceedings.”).

These restrictions do not, of course, render the judicial system completely impotent in the face of grand jury improprieties. Where the misconduct amounts to one of those “few, clear rules which were carefully drafted and approved by this Court and by Congress to ensure the integrity of the grand jury’s functions,” United States v. Mechanik, 475 U.S. 66, 74, 106 S.Ct. 938, 943, 89 L.Ed.2d 50 (1986) (O’Connor, J., concurring), then the court’s supervisory authority can be used to dismiss an indictment. It is not enough, however, that the rules have been violated or that “the integrity of the judicial process” has been impugned; the defendant must have suffered prejudice as a result. Bank of Nova Scotia v. United States,

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Bluebook (online)
59 F.3d 705, 1995 WL 412132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lamantia-ca7-1995.