United States v. Nick Melia

691 F.2d 672, 1982 U.S. App. LEXIS 24806, 11 Fed. R. Serv. 1226
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 15, 1982
Docket81-5293
StatusPublished
Cited by20 cases

This text of 691 F.2d 672 (United States v. Nick Melia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Nick Melia, 691 F.2d 672, 1982 U.S. App. LEXIS 24806, 11 Fed. R. Serv. 1226 (4th Cir. 1982).

Opinions

[674]*674SPROUSE, Circuit Judge:

Nick Melia appeals his conviction for knowingly receiving stolen property in interstate commerce in violation of 18 U.S.C. § 2315. Melia previously was tried twice on this charge in a joint trial with Alfred Conti and Larry Chinchic. The jury in the first trial initially agreed to acquit Melia, and advised the court that they had reached a verdict for one defendant. The court instructed the jury to deliberate further; one juror changed his vote on Melia’s guilt and the jury finally deadlocked as to all defendants, resulting in a mistrial. After another joint trial in August of 1980, Melia and the other defendants were convicted, but Melia’s conviction was reversed by this court due to impermissible joinder. United States v. Chinchic and Melia, 655 F.2d 547 (4th Cir. 1981). Melia was then tried separately in September, 1981. The jury initially reported that they were unable to reach a verdict, but after a modified Allen charge they returned a verdict of guilty. Melia appeals from the judgment entered on that verdict.

Melia principally contends that the district court committed error in the admission of three categories of evidence: (1) evidence of specific acts relating to the good character and credibility of key government witnesses, including specific acts of past cooperation with the government; and evidence of these witnesses’ participation in the Witness Protection Program,1 including evidence of death threats to the witnesses; (2) hearsay evidence showing Melia’s participation in the crime; and (3) evidence that Melia had committed crimes other than the offense for which he was tried. We agree that the court committed error in each instance, and reverse and remand for a new trial.

Melia owns and operates barber and hairdressing shops in Stamford, Connecticut. He was accused and convicted of receiving approximately $647,000 worth of diamond jewelry which was stolen from Reed’s Jewelry store in Wilmington, North Carolina, and allegedly sold with Melia’s assistance to a Stamford physician for $70,000. There was no dispute at trial concerning the burglary of Reed’s Jewelry store — the issue was whether Melia received the stolen property.

It was established at Melia’s trial that in May, 1977, Robert Mercier, Melvin Maras, Leo Fraley, and Alfred Conti burglarized the Reed store and took the jewelry. The Government’s case was that Maras and Fraley on the following day took the jewelry to Melia at his Stamford home, where a man subsequently identified as a Dr. Coceo examined the bulk of the jewelry, made a $30,000 down payment, and took the jewelry with him. Maras testified that he, Fraley and Melia drove to a “hospital” the next day where they received an additional $40,-000 from Dr. Coceo and his promise that a $5,000 commission would be paid to Melia. Maras and Mercier pled guilty to the burglary, and testified for the Government in all three trials. Fraley disappeared and was not a witness in either trial. The Government’s case was established principally by the testimony of Maras, who alone directly testified that Melia received the stolen jewelry. Mercier related the details of the burglary and corroborated certain aspects of Maras’ testimony.

Over defense objection, Maras and Mercier were both permitted to testify on direct examination about specific acts of cooperation in which they provided information and assistance to the Government concerning wholly unrelated criminal incidents. Two F.B.I. agents (Nix and Fetterman) corroborated this evidence. Nix testified that Mar-as, acting as a paid informant, assisted in the recovery of 25 pieces of stolen heavy equipment and in the apprehension of an individual selling a machine gun. According to the testimony, Mercier, after the Reed burglary, was employed as a paid informant. The agent’s testimony included references to assistance Mercier provided in solving an organized burglary ring, an armored car robbery and other crimes — all [675]*675unrelated to the offense for which Melia was being tried. The Government on appeal concedes that this testimony was extrinsic evidence of specific instances of conduct for the purpose of supporting the witnesses’ credibility, and its admission was thus violative of Rule 608(b), Fed.R.Evid.

Maras and Mercier both testified that they were participants in the Government’s Witness Protection Program. Mercier testified about a death threat he had received as a result of his cooperation with the Government. He described the security measures taken to protect him and his family. Agents Nix and Fetterman, on direct examination, corroborated Mercier’s death threat testimony and described in detail Mercier’s and Maras’ participation in the Witness Protection Program. Nix also testified that the F.B.I. was concerned about Maras’ safety and had discussed it with him. In testifying favorably about Maras’ character and his reliability as an informant, Nix made other references to Maras’ entry into the Witness Protection Program. In addition, the Government, over defense objection, was allowed to produce the testimony of an inspector in the U. S. Marshal’s Service describing the Witness Protection Program and stating that the purpose of the Program was to remove witnesses from danger.

Mercier testified that he was not with Maras and Fraley when they allegedly took the jewelry stolen from Reed’s to Melia. He related, however, that he and Fraley had visited Melia in Stamford on several previous occasions, and that on one of these occasions they attempted to sell Melia stolen jewelry. Mercier also detailed his discussion on that prior occasion of other possible burglaries with Melia. He could not provide any details about the dates of the visits, the places in Stamford visited, the names of persons contacted, or the jewelry stolen, except that the sale of jewelry involving Melia was to an “older gentleman, tall ... gray hair, very dignified looking.” Defendant objected to all of this testimony by Mercier as violative of Rule 404(b) of the Federal Rules of Evidence, which governs the admissibility of “other crimes” evidence.

Melia also objected to Government evidence which he argues was inadmissible hearsay. F.B.I. agent Nix was asked “What did Mercier tell you at the time ... regarding the disposition of the jewelry from Reed’s Jewelry store?” Nix answered “that he had been asked to go along on the trip initially to sell that jewelry but did not, but was subsequently told by Maras and Fraley that the jewelry had been sold to Nick Melia.” This evidence was admitted over objection, without any instruction to the jury. Mercier also testified that he heard Fraley tell Maras that Fraley “felt that the best thing would be to take it up to Connecticut ... to see what price they could get from Mr. Melia or Mr. Melia’s contact up there.” He also testified that Fraley told him that the older man to whom Mercier had previously sold stolen jewelry at Melia’s house was a doctor.

There is a physician in Stamford by the name of Dr. Thomas Coceo. He appeared at trial and denied knowing Maras. Coceo testified that he had been a frequent customer at Melia’s barber shop and that Melia had been his patient. He denied purchasing any jewelry from Melia.

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Bluebook (online)
691 F.2d 672, 1982 U.S. App. LEXIS 24806, 11 Fed. R. Serv. 1226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-nick-melia-ca4-1982.