been furnished defendant's counsel. Copies of those "airtels" which are found in Government's exhibits 46a through 46p, for identification, are not included in the documents above referred to since they would only be duplications of the material in Government's exhibit 34a for identification (defendant's exhibit 12 in evidence). And for the same reason the "airtels" which are found in defendant's exhibit 6 in evidence are not duplicated in any of the above enumerated documents.
The Court has been informed that counsel for defendant here has received the logs of the electronic surveillance of the rooms or office of Edward Levinson in the Freemont Hotel, Las Vegas, Nevada. Those logs were made available as the result of certain of defendant's counsel representing another party in another action. Counsel for the Government and counsel for defendant here have stated in open court that I need not review those logs so far as the motion for discovery is concerned.
There was also electronic surveillance of conversations in the office of Benjamin Sigelbaum in Miami, Florida. Government counsel has advised the Court that certain portions of the logs of that surveillance together with some material from related "airtels" and reports have been furnished defendant's counsel. (Government's exhibits 36 and 39 for identification.) In addition the Government has lodged with the Court what is represented to be all the logs of the Sigelbaum surveillance together with supporting documents. (Government exhibits 37, 37a, 37b, 37c, 37d, 37e for identification.) Defense counsel has requested the Court not to read those logs and supporting documents. I will not do so not only because of that request but also because of the ruling I am about to make.
In United States v. Robert G. Baker, 262 F. Supp. 657 (1966).
Judge Gasch of this Court ruled that Baker had not established any special standing with respect to Levinson's offices in the Freemont Hotel, Las Vegas, Nevada, or the offices of Sigelbaum in Miami, Florida. Here defendant Black has established no better standing as to those offices than did Baker.
Judge Gasch held that Baker was only entitled to the recorded conversations in which he was a participant in those offices. Black is equally entitled to the recorded conversations in those offices in which he was a participant and the Government shall furnish his counsel with logs and any other documents setting forth such conversations. Moreover, if the Government is in possession of any other conversations, recorded as the result of any electronic surveillance of any other place, in which Black was a participant, his counsel shall be furnished logs and any other documents setting forth such conversations.
As a result of my in camera inspection of the documents above referred to, I have ascertained that, as a result of electronic surveillance, there are some recorded telephone conversations in which Black participated. In those cases the voice monitored was not that of Black but the spoken words recorded evidenced the fact that it was Black who was engaged in the conversation from some distant point. The Government shall make available to defendant's counsel all such spoken words recorded.
Moreover, in the interest of affording Black all reasonable discovery, the Government shall make available to defendant's counsel all recorded conversations monitored when Black was known to the Government to be present at the place of the conversations even though he was not a participant in the conversations.
Government counsel has lodged with the Court and has had marked for identification a large number of documents and materials which have not been referred to above. Of these defense counsel have seen Government's exhibits marked for identification as Nos. 26, 27, 28, 29, 30, 31, 32, 33, 39 and 45. Of the remaining Government exhibits for identification those numbered 1 through 24 were also found in the F.B.I. Headquarters' file and have been examined by me in camera. Government's exhibit 40 for identification is but a list of what Government's 1 through 24 purport to be. Government's exhibit 41 for identification is also a part of the Headquarters' file and has been examined by me in camera. The documents listed in Government's 42 and 43 for identification have been examined by me in camera since they were a part of the Headquarters' file. Government exhibits 38 and 44 marked for identification have been examined by me in camera. After certain portions were excised at my direction, Government's exhibits 25 and 34 for identification were furnished defendant's counsel.
1. Government's counsel furnish to defendant's counsel in open court the indicated portions of Government's exhibits 46b, 46c, 46d, 46e, 46f, 46n, 46o, as marked for identification;
2. Government's counsel furnish to defendant's counsel in open court:
(a) logs and any other documents setting forth all conversations in which defendant was a participant and which were recorded either verbatim or in substance as the result of electronic surveillance of any place, including the offices of Edward Levinson, Freemont Hotel, Las Vegas, Nevada, and the offices of Benjamin Sigelbaum, Miami, Florida;
(b) logs and any other documents setting forth all telephone conversations, recorded verbatim or in substance as the result of electronic surveillance, in which Black participated even though the words spoken by him were not intercepted;
(c) logs and any other documents setting forth all conversations, recorded verbatim or in substance as the result of electronic surveillance, during which defendant is known to the Government to have been present although he did not participate in the conversations.