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UNITED STATES v. CHIMURENGA

No. S 84 Cr. 818 (RLC).

609 F.Supp. 1066 (1985)

UNITED STATES of America, v. Coltrane CHIMURENGA, a/k/a "Randolph Simms," a/k/a "Rashid Penderglass," a/k/a "Lionel Jean-Baptiste," a/k/a "The Tall One," a/k/a "Carl," Viola Plummer, a/k/a "June," Roger Wareham, a/k/a "Frank Rogers," a/k/a "Kameel Teen," a/k/a "Frankie," a/k/a "Baldy," Robert Taylor, a/k/a "R.T.," a/k/a "Pizon," a/k/a "Chic," a/k/a "Coach T.," a/k/a "The Ballplayer," Omowale Clay, a/k/a "William Clay," a/k/a "T.," a/k/a "Milton Clyde Hilliard," a/k/a "H. Hilliard," Ruth Carter, a/k/a "Latifa Carter," a/k/a "Anna Carter," a/k/a "Janice," Colette Pean, a/k/a "Carmen Oliveras," a/k/a "Paulette Jackson," a/k/a "Nia," Yvette Kelley, a/k/a "Willie Y. Kelley," a/k/a "Joy Bailey," a/k/a "Cheryl," and Jose Rios, a/k/a "Pepe," a/k/a "Brava," Defendants.

United States District Court, S.D. New York.

April 8, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y., New York City for the U.S.; Kenneth Roth, Lorna G. Schofield, Asst. U.S. Attys., New York City, of counsel.

Lennox Hinds, Stevens, Hinds & White, New York City, for Coltrane Chimurenga.

Michelle S. Jacobs, New York City, for Viola Plummer.

William Mogulescu, Levinson Mogulescu & Kaplan, New York City, for Roger Wareham.

Barry C. Scheck, New York City, for Robert Taylor.

Steven Bernstein, New York City, for Omowale Clay.

Lee A. Ginsberg, Freeman, Nooter & Ginsberg, New York City, for Ruth Carter.

James Silver, New York City, for Colette Pean.

Judith Holmes, Flood, Holmes & Tipograph, New York City, for Yvette Kelley.

Michael Hurwitz, Handelman, Hurwitz & Stampur, New York City, for Jose Rios.

OPINION

ROBERT L. CARTER, District Judge.

As a part of the surveillance of the defendants, the government, with the permission of its occupants, used a private residence in the vicinity of 80 Midwood Street, Brooklyn, from which they took a number of photographs and kept a written log of defendants and others entering and leaving the 80 Midwood Street address. The government alleges that two of the defendants, Roger Wareham and Omowale Clay, usually resided...

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