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United States v. Rinaldi, 3:18-CR-279 (2019)

Court: District Court, M.D. Pennsylvania Number: infdco20191226676 Visitors: 2
Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 18TH DAY OF DECEMBER, 2019, for the reasons set forth in the Court's accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT Defendant Michael Rinaldi's Supplemental Pre-Trial Motions (3:18-cr-279, Doc. 161; 3:18-cr-280, Doc. 165) are GRANTED IN PART AND DENIED IN PART as set forth in the Memorandum Opinion. Specifically, 1. Defendant's request that the Powell wiretaps and Rinaldi wiretaps be suppressed is GRANTED. The wir
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ORDER

AND NOW, THIS 18TH DAY OF DECEMBER, 2019, for the reasons set forth in the Court's accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT Defendant Michael Rinaldi's Supplemental Pre-Trial Motions (3:18-cr-279, Doc. 161; 3:18-cr-280, Doc. 165) are GRANTED IN PART AND DENIED IN PART as set forth in the Memorandum Opinion. Specifically,

1. Defendant's request that the Powell wiretaps and Rinaldi wiretaps be suppressed is GRANTED. The wiretaps themselves, as well as transcripts, duplicate tapes, work copies, and testimonial summaries of the intercepted conversations are SUPPRESSED due to the Government's untimely sealing of those wiretaps. 2. Defendant's request that all evidence seized as a result of the recordings be suppressed is DENIED. Evidence connected through a chain of causation to one or both wiretaps tainted by improper sealing will not be suppressed on the basis of the Court's finding that the wiretaps at issue were untimely sealed. 3. The suppressed wiretaps may be admissible at trial for the limited purpose of impeaching the defendant should he choose to testify. The Government is expected to raise the issue at trial if Defendant testifies and the Government believes that one or more portions of the wiretap(s) constitute appropriate material for impeachment.
Source:  Leagle

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