United States First Circuit

In a RICO case, the exclusion of a charged racketeering act or other criminal episode in order to make the trial comprehensible for a jury may not be beyond the district court's inherent authority where no more conventional method exists to assure a fair trial and where the exclusion rests on detailed and compelling findings. There being no such findings here, the trial management order is vacated and remanded.

Appellate Information

• Decided 04/12/2004
• Published 04/12/2004

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Janice Bassil, by appointment of the court, with whom Andrew D'Angelo and Carney & Bassil, P.C. were on brief for Paul DeCologero, a/k/a Big Paul, Paulie., Timothy Q. Feeley, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Christopher F. Bator and Ernest S. DiNisco, Assistant United States Attorneys, were on brief and petition for a writ of mandamus for the United States., Joan M. Griffin, by appointment of the court, with whom Cooke, Clancy & Gruenthal, LLP and Paul F. Markham were on brief for John P. DeCologero, Jr. and Joseph F. Pavone., Roger Witkin, by appointment of the court, on brief for Paul J. DeCologero, a/k/a Young Paul., Terrance J. McCarthy, by appointment of the court, on brief for Derek Capozzi.