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U.S. v. PITERA

No. CR 90-0424 (RR).

795 F.Supp. 546 (1992)

UNITED STATES of America, v. Thomas PITERA, Defendant.

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

May 26, 1992.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. New York, Brooklyn, N.Y. by David W. Shapiro, Linda B. Lakhdir, Asst. U.S. Attys., for U.S.

Mathew J. Mari, New York City, Ruhnke & Barrett, West Orange, N.J. by David A. Ruhnke, Cheryl Hamer Mackell, New York City, for Thomas Pitera.

Ass'n of the Bar of City of New York, New York State Defenders Ass'n, Nat. Ass'n of Criminal Defense Lawyers, New York State Ass'n of Criminal Defense Lawyers, Nat. Legal Aid and Defender Ass'n, and New York Criminal Bar Ass'n, Cravath, Swaine & Moore, New York City by Paul M. Dodyk, Patricia Perlmutter, for amici curiae.

MEMORANDUM AND ORDER

RAGGI, District Judge:

Thomas Pitera stands before the court charged in a twenty count indictment with racketeering, drug trafficking, and various firearms violations. Count Three of the indictment accuses Mr. Pitera of killing two persons, Richard Leone and Solomon Stern, while engaging in or working in furtherance of a continuing criminal enterprise. Such conduct carries a possible sentence of death. 21 U.S.C. § 848(e)(1)(A)....

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