United States v. Lorenzo D. Farley (92-3538) Robert J. White (92-3539) and Charles B. Jones (92-3541)

2 F.3d 645
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 29, 1993
Docket92-3538, 92-3539 and 92-3541
StatusPublished
Cited by112 cases

This text of 2 F.3d 645 (United States v. Lorenzo D. Farley (92-3538) Robert J. White (92-3539) and Charles B. Jones (92-3541)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Lorenzo D. Farley (92-3538) Robert J. White (92-3539) and Charles B. Jones (92-3541), 2 F.3d 645 (6th Cir. 1993).

Opinion

KENNEDY, Circuit Judge.

Defendants Lorenzo D. Farley, Robert J. White, and Charles B. Jones, appeal their jury convictions for extortion under color of official right, in violation of the Hobbs Act, 18 U.S.C. § 1951, and for conspiracy to commit extortion in violation of 18 U.S.C. §§ 2 and 1951. On appeal, defendants claim (1) the evidence was insufficient to sustain the jury’s verdict, and (2) the government’s prosecuto-rial misconduct deprived them of their right to a fair trial. For the reasons stated below, we affirm.

I.

The conspiracy upon which defendants’ convictions are based involved the alleged sale by defendants of honorary Franklin County, Ohio deputy sheriff commissions from January 1985 through January 1986. In 1984, following a general election, Earl O. Smith was elected sheriff of Franklin County. The defendants were all involved in the campaign and they continued to raise money and provide assistance to Smith after the election. At all times pertinent to the indictment, defendant Farley was serving as a deputy sheriff of Franklin County and was responsible for issuing “honorary” deputy *649 sheriff commissions. Defendants Jones and White were associates of Farley and others holding office with the Franklin County, Ohio Sheriff’s Department. Count I of the indictment charged defendants with conspiring to violate the Hobbs Act by extorting payments under color of official right, i. e., taking money not due them or their office from several individuals who sought commissions as deputy sheriffs. It was charged that as part of this conspiracy, defendants solicited or caused to be solicited persons to purchase commissions as deputy sheriffs for Franklin County. The remaining six substantive counts in the indictment described specific solicitations.

One alleged sale of a deputy sheriff commission involved Edward Munyan, who operated massage parlors/houses of prostitution in Franklin County. In 1985, defendant White visited one of Munyan’s parlors in order to solicit Munyan for a deputy sheriff commission. Munyan testified that he hoped a commission would protect him from being raided by the Franklin County Sheriffs Department. Munyan secretly tape recorded his meeting with White. At this meeting, White took a blank deputy sheriff application from a stack he had in his briefcase, helped Munyan complete it, and made arrangements for Munyan to be sworn in as a deputy sheriff. When these arrangements were made, White collected a check in the amount of $1,500 drawn on Munyan’s personal account. Munyan wrote the check for his deputy sheriff commission payable to White on February 21, 1985. 1 After Munyan’s initial swearing-in ceremony was aborted, arrangements were made for Munyan to receive a deputy sheriff commission through Fairfield County (rather than Franklin County). Mu-nyan kept his deputy sheriff credentials for several months until they were revoked by the Fairfield County Chief Deputy upon his discovery of Munyan’s occupation.

Sometime in the fall of 1985, the defendants met with Munyan and James Sylvania 2 at the Top Steak House in Columbus. Mu-nyan testified that the purpose of the meeting was to set up a committee to sell deputy sheriff commissions. According to Munyan, defendants Farley and White had divided Franklin County into territories and assigned different individuals to sell deputy sheriff commissions in different areas. The price for the commissions was set at $500 and Jones emphasized that all payments had to be in cash. In exchange, purchasers would receive a deputy sheriff identification card and a badge. Although the identification cards contained the word “honorary,” some of the badges were identical to those worn on the hats of deputy sheriffs.

At the Top Steak House meeting, Farley assigned Munyan a territory which included northern Franklin County. Several weeks after the meeting, Munyan went to a bar in Worthington, Ohio, called Sylvia’s Back Door, where he met a friend (Watling) and the owner of the bar, Sylvia Schmidt. According to Munyan, Schmidt complained about problems she was having with the Worthington Police Department stopping her patrons for being drunk. Munyan then suggested she purchase a deputy sheriff badge and identification card for $500. After leaving the bar for several minutes, Schmidt returned and handed Munyan an envelope with $500 cash inside. In her grand jury testimony, Sylvia Schmidt denied ever paying money for a deputy sheriff commission.

Two other alleged sales of deputy commissions involved William Lauterbach, a used car salesman in Columbus and a long-time associate of defendant Jones. Lauterbach had given Jones $500 in February, 1985, for a deputy sheriff commission, and Jones then asked Lauterbach to see if any other car dealers might be interested in paying cash *650 for a commission. Lauterbach then solicited a number of used car dealers for defendants and was told that all money collected had to go to defendant Jones and cash was preferred. Several of the car dealers solicited by Lauterbach were Charles Grimmette, Peter Weimerskirch, Larry Jones, Gregory Boyer, and Gregory Randy Fields. The transactions involving Grimmette, Weimer-skirch, and Jones were the subjects of counts 2, 4 and 5 of the indictment, respectively. The jury returned verdicts of not guilty on these counts.

In November, 1985, George “Frankie” Boyer was employed by Lauterbach at Ber-wick Auto Sales. Lauterbach approached Boyer to discuss his obtaining a deputy sheriff commission in exchange for a $500 fee. Boyer paid cash and received his commission several weeks later. He testified that he wanted the commission because “it seemed like the thing going around at the time.”

Also in 1985, Lauterbach approached Gregory “Randy” Fields, the owner of a used car lot, about purchasing a deputy sheriff commission. Fields understood that to obtain a commission he would have to fill out an application and pay $500. Lauterbach took Fields downtown to have his commission processed. Defendant Farley finger-printed and photographed Fields. At trial, Fields could not recall whether he gave the $500 to Farley or Lauterbach, but before the grand jury he indicated the money was handed to Farley.

The defendants were charged in a seven (7) count indictment with substantive violations of the Hobbs Act and conspiracy under the Act. At the close of the government’s case-in-chief, the defendants moved for judgment of acquittal on all counts and the District Court denied the motion. The defense did not call any witnesses. The jury returned verdicts, finding defendant Farley guilty on Counts 1 (Conspiracy), 6 (George Boyer), and 7 (Gregory Randy Fields); defendant White guilty on Counts 1 and 3 (Edward Munyan); and defendant Jones guilty on Counts 1 and 6. Counsel for defendants then renewed their Rule 29 motions for judgment of acquittal which again were denied. Defendants were each sentenced to three (3) years imprisonment and a $5,000 fine.

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Bluebook (online)
2 F.3d 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lorenzo-d-farley-92-3538-robert-j-white-92-3539-and-ca6-1993.