John L. Pollok, with whom Hoffman & Pollok, Charles L. Weintrab, Susan C. Wolfe, and Michael H. Gold, New York City, were on brief, for defendant, appellant.
James H. Leavey, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief, for plaintiff, appellee.
Before BOWNES, BREYER, Circuit Judges and BROWN, Senior Circuit Judge.*
BOWNES, Circuit Judge.
Stuart H. Newton (Newton) and Thomas W. Gilbert (Gilbert) were convicted by a jury in the District Court of Rhode Island of conspiring to import marijuana into the United States in violation of 21 U.S.C. § 963; conspiring to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846; importation of marijuana in violation of 21 U.S.C. § 952(a); and possession of more than 1000 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Newton was also convicted of supervising a continuing criminal narcotics enterprise (CCE) in violation of 21 U.S.C. § 848. All of the charges stem from the importation of 20,000 pounds of hashish1from Pakistan into the United States near Jamestown, Rhode Island, on or about July 4, 1983. Appellants raise numerous errors with the trial including evidentiary rulings, governmental misconduct, and other issues. After reviewing the entire record, we find that none of the alleged errors fatally flawed the trial and therefore affirm.
I. THE EVIDENCE
Briefly, the evidence at trial was as follows.2 The government relied primarily upon the testimony of Nicholas Kukielski (Kukielski), a participant in the importation who testified pursuant to a cooperation agreement with the government. Kukielski testified that he went to Pakistan with Newton. In Pakistan, Newton was able to obtain 20,000 pounds of hashish, and have it loaded on a freighter. After the ship left Pakistan, Kukielski and Newton flew back to the United States to prepare for the arrival of the drugs.
After returning, Kukielski was introduced to Gilbert by a mutual friend. Gilbert said he could arrange for a fishing boat to meet the freighter, unload the drugs and bring them ashore in Rhode Island. Gilbert secured the use of the boat Sandra & Cindy, which brought the drugs ashore. Kukielski observed bait barrels that he had been told contained hashish being unloaded from the Sandra & Cindy in the Port of Galilee, Rhode Island. The drugs were taken to a house in Rhode Island, cleaned, repackaged, and distributed. Later Newton gave Kukielski $350,000 to give to Gilbert as payment for the ship, crew and as Gilbert's share of the proceeds. Kukielski gave the money to Gilbert as Newton directed. Based on Kukielski's testimony, the government estimated that the total proceeds from the importation were between $20-24 million.
The government corroborated Kukielski's testimony through other evidence. Kukielski's brother Peter testified that he was paid by Newton to clean and package the hashish. After agreeing to cooperate with the government, the Kukielski brothers placed telephone calls to both of the defendants, which were tape recorded. The taped conversations were admitted into evidence.
A psychologist testified that he had sold Newton the names and the social security numbers of hospitalized patients. The names appeared on passport applications submitted with Newton's and other conspirators' pictures. The applications were admitted into evidence.
The government also presented evidence of large amounts of unexplained cash in the possession of the defendants and of large financial transactions by the defendants (and their relatives and close friends) since the date of the importation.
Finally, the government presented a three-page list of instructions for financial transactions and Swiss bank account numbers seized when Kenneth Bloomfield, an alleged co-conspirator, was arrested in Switzerland (the Bloomfield list). This list tied together various pieces of the government's case and the prosecutor relied heavily on it in his closing argument.