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The Spanish alphabet contains twenty nine letters: • All letters Bolivian boliviano adj., 2 bone hueso, 5 book (text) libro (de texto), 1 bookshelf romper, 9 break up (with) romper (con), 10 breakfast desayuno, 6 bride novia, 10 bring traer.
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Vargas also claims that the trial judge erred in refusing to sever his case from Turkette's because Vargas' participation in mail fraud was unrelated to Turkette's participation in drugstore burglaries. Because most of the testimony at trial pertained to Turkette's activities, Vargas argues that the evidence which was introduced to prove the series of narcotics violations was highly prejudicial to him.

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Vargas points to the dismissal, at the close of the government's case, of the RICO conspiracy count against him as signifying improper joinder and erroneous refusal to sever. Guilt is both individual and personal. Kotteakos v. Thus, a defendant charged with committing multiple crimes is entitled to a separate trial for each crime that is not "substantially part of the same transaction," McElroy v.

Nevertheless, joinder of offenses or parties has the salutory effect of promoting judicial economy. Rule 8 "set the limits of tolerance" beyond which the danger of prejudice outweighs the benefit, and any joinder which does not fall within Rule 8 "is per se impermissible. United States, F. The gravamen of joinder under Rule 8 a is similarity or interrelatedness of offenses. Although, on its face, Rule 8 a is not confined to single-defendant indictments, most courts have taken the position that it is so limited and, where more than one defendant is involved, Rule 8 b alone provides the appropriate standards for joinder.

Roselli, F. Because the instant case commenced with a multiparty indictment, joinder, if proper, must be predicated upon Rule 8 b. The provisions of 8 b , which focus on identity of parties and relatedness of offenses, provide:. Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

Viewed in its entirety, the instant indictment shows some identity of defendants because Turkette is named in all nine counts. Two separate genres of criminal activity, drug-related offenses and arson-mail fraud, comprise the eight substantive counts. Count Nine, the RICO conspiracy charge, alleged that the substantive offenses were perpetrated as part of an overall scheme to conduct a criminal enterprise through these and other criminal acts.

Luna, F. Here, however, we have found the conspiracy count to be invalid. Where, however, the defendant can show that the charge of a joinder of defendants in conspiratorial action is based on a legal interpretation that is improper, the court cannot base its 8 b ruling on the written words alone but must determine if, under correct legal theory, joint action was actually involved.

Levine, F. We must, therefore, determine whether, absent the RICO conspiracy count, the joinder was proper under Rule 8 b. This depends upon whether the defendants participated in the same series of acts. Rule 8 b does not explicate the meaning of "series. Cases construing 8 b indicate that some relatedness between offenses is necessary for there to be a series of acts or transactions. See, e. Weisman, F. Baker, F.

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See also United States v. Ritch, F. Relatedness of offenses can be established by demonstrating that essentially the same facts must be shown for each of the consolidated crimes. As Judge Aldrich wrote in King,. However, Rule 8 b is not limited to situations in which proof of the other criminal transaction would be admissible in a separate trial.

It goes beyond, to others, the excuse being the benefit to the court. But to offset the prejudice where multiple defendants are being joined even though they did not engage in a joint act, such as conspiracy, Kitchell v. United States, 1 Cir.


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Classic examples of such a benefit are when there is an overlapping of issues, as, for example, when some defendants are charged with transporting stolen goods in interstate commerce, and others are charged with receiving the goods, so stolen and transported. Kitchell v. United States, supra; Caringella v.

United States, 7 Cir. Perlstein, 3 Cir. Where, however, there are no presumptive benefits from joint proof of facts relevant to all the acts or transactions, there is no "series," Rule 8 b comes to an end, and joinder is impermissible. Spector, 7 Cir. United States, , U. If the factual matrices of the alleged facts are different, there is no series and, hence, no joinder.

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Gentile, F. Marionneaux, F. We, therefore, must examine the evidence to determine whether the facts necessary to show a series of drug related transactions were also required to prove the series of arson-mail frauds.


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From March, , to April, , Novia Turkette, Kenneth Landers, and Edward Young, an original defendant, jointly robbed eighteen pharmacies in Boston or its environs, employing the same modus operandi for each robbery. After arrival at a targeted store in Young's station wagon, Turkette would disengage the burglar alarm system and return to Young's car to listen for word on a police scanner that the alarm had short-circuited.


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Once they felt assured that the alarm had not alerted the police, Young and Landers would force an entry into the drugstore. They would then fill duffel bags with those drugs designated by Young as having a high "street" resale value, and, on occasion, with money and non-pharmaceutical merchandise. Turkette would continue to monitor the scanner and survey the immediate area for police activity, often calling the intruders from a telephone booth to check on their progress or inform them if policemen were in the area.

After sequestering the drugs and burglar tools in a deep well in Young's station wagon, the trio would sort and inventory the drugs, generally at Young's house, and determine each person's share of the heist. The drugs were then distributed to pushers for cash or on consignment.

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According to Landers, defendant Kamens, the owner of the Modern Alarm Company, accompanied Turkette and Young on several occasions to pharmacies whose alarms were maintained by Modern. Kamens disconnected the alarms so that they would not ring into the police stations.

In addition, Kamens agreed to ignore alarms of certain drug stores when they rang in his office so that Turkette, Landers, and Young could break into the stores without fear of discovery. The proof relative to Count Two, the one on which Vargas was found guilty, was as follows. Vargas and George Papamichael owned two adjacent new, but unsold, modular homes in Groveland, Massachusetts. In June, , Landers arrived at Turkette's house where he observed Turkette talking outside with Vargas. Turkette told Landers that Vargas was interested in having some property burned and Landers agreed to drive with Vargas to the property at a later date.

Shortly thereafter, Landers and Vargas drove to the Groveland property. Vargas instructed Landers to burn only the house on the right. The United States Mails were used in processing the insurance claim. Landers testified that, in September, , Vargas asked him to destroy a house in Middleton, Massachusetts. Vargas showed the property to Landers and gave him the house and burglar alarm keys.

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He instructed Landers to burn the house in October when the residents, Mr. Santos, would be on vacation. Landers hired Gordon Wren, not named in the indictment, to incinerate the house. The two drove to the location. Wren set the fire which activated smoke detectors, and Landers fled. Charles Werner, a Peabody policeman posing as a corrupted officer, recorded conversations with Turkette which detailed the Middleton fire.

The jury could infer from these tapes that Turkette was hired by the husband of defendant Santos to destroy the Middleton property. The car was to be registered and insured by Phil Fraher, one of the original defendants. Turkette gave Fraher ten bottles of liquid Dilaudid to sell in order to obtain the money necessary to repay the loan.

The testimony is unclear whether Fraher actually completed this transaction. Turkette kept the vehicle for several months, but had to have it repaired frequently. He decided to destroy it. Fraher was directed to pretend he had driven the car to work and report it stolen at the end of his shift. In the meantime, Turkette, Landers, and one Cliffie Teague pushed the car into a parking lot where Teague burned it.

Fraher filed an insurance claim through the mail. He also owned an uninsured late-model Buick which a friend of his had damaged in an accident. Turkette arranged to have the car disappear after Mildred Parrish, Brown's sister, insured the auto. Parrish, through use of the mails, executed an insurance claim on behalf of Brown. The money was used to repay the debt Brown owed Turkette. Our review of the transcript shows that the narcotics violations evidence was unnecessary to prove the arson-mail fraud and vice versa.