Motion: FBI agent testimony restrictions

📄 Motion: FBI agent testimony restrictions — Tuesday, September 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\19\MOTION-FBI-AGENT-TESTIMONY-RES.DOC

TRIAL

▲ Day 157 of 167

◀ Further redirect examination of Philip Vannatter Jury called ▶

Date: Tuesday, September 19, 1995 • Utterances: 23

Judge Ito excused the jury to hear a federal government application regarding FBI Special Agent Michael Wacks and mob informants Larry and Craig Fiato, who were about to be called as defense witnesses. The U.S. Attorney sought two protections: cameras off for the Fiatos (organized crime informants who testified against Italian Mafia members) and restrictions on questioning about FBI undercover techniques and organized crime methodology. Cochran agreed to the camera restrictions on the Fiatos and requested a brief recess to speak with Agent Wacks before his testimony.

# 1 THE COURT:

Your next witness.

# 2 MR. COCHRAN:

We will next call FBI agent Michael Wacks, if the court pleases.

# 3 THE COURT:

Ladies and gentlemen, there is a matter I must take up before we call the next witness. Let me ask you to step into the jury room, please.

# 4 (The following proceedings were held in open court, out of the presence of the jury:)

# 5 THE COURT:

All right. Let the record reflect the jury has withdrawn from the courtroom. Counsel, previously this morning it was indicated to the court that the United States Attorney, as counsel for the FBI and other interested parties, was going to make an application to the court to modify the terms and conditions of news media coverage of this case, if in fact one party or another was going to call either Special Agent Wacks and/or Mr. Fiato, Mr. Fiato, Larry Fiato or Craig Fiato.

# 6 MR. COCHRAN:

I wasn't sure that it included the Special Agent. I thought it included the Fiatos. Perhaps counsel--

# 7 THE COURT:

Good morning, counsel.

# 8 MS. O'CONNELL:

Beverly Reid O'Connell, assistant United States Attorney on behalf of the FBI and the U.S. Attorney's office. The federal government made an application requesting two different safeguards for the testimony of Special Agent Wacks and the Fiato brothers. First, the government asked this court to consider turning off the cameras to protect the likenesses of the Fiato brothers who have assisted the federal government in investigations, testified against Italian Mafia members.

# 9 THE COURT:

Counsel, I have read your application.

# 10 MS. O'CONNELL:

Okay. The second inquiry was to limit the substantive questioning of Special Agent Wacks and the Fiatos to exclude certain areas, including identifying characteristics of the Fiatos, investigation techniques of Italian Mafia, organized crime, done by the FBI, and methodology of the FBI with respect to infiltrating organized crime. So there are two limitations; one with the cameras, one with respect to questioning of Special Agent Wacks.

# 11 THE COURT:

All right. Are you objecting to the televised coverage of the testimony of Agent Wacks?

# 12 MS. O'CONNELL:

No.

# 13 THE COURT:

All right.

# 14 MR. COCHRAN:

I have no problem with that. I don't think the FBI agent--the FBI hasn't anything to hide and I didn't think it included him.

KEY QUOTE

# 15 THE COURT:

Some law enforcement officers have undercover capacities.

# 16 MR. COCHRAN:

Right. I didn't think it included FBI Agent Wacks and we have their objections. We indicated that if they want to turn the cameras off on the Fiato brothers, fine. We would like, your Honor, if I might, an opportunity to talk to the FBI Wacks for a minute before he takes the stand however. We have his reports but we have not been able to talk to him. Is that possible?

# 17 MS. O'CONNELL:

No objection from the federal government, your Honor.

# 18 THE COURT:

All right. Okay. We will take ten.

# 19 MR. COCHRAN:

Okay. Where is he?

# 20 MS. O'CONNELL:

He should be just outside.

# 21 MR. COCHRAN:

We will see if we can talk to him, your Honor, and we will let you know shortly.

# 22 THE COURT:

All right. We will take a ten-minute recess.

# 23 (Recess.)

Temperature

procedural

Key Quotes (3)

Ms. O'Connell

the government asked this court to consider turning off the cameras to protect the likenesses of the Fiato brothers who have assisted the federal government in investigations, testified against Italian Mafia members.

Establishes why the Fiatos required special protection — they are federal organized crime informants whose identities needed shielding from broadcast.

Johnnie Cochran

I have no problem with that. I don't think the FBI agent--the FBI hasn't anything to hide and I didn't think it included him.

Cochran draws a quick distinction between Wacks (who can be filmed) and the Fiatos (who cannot), signaling the defense's cooperative posture on media restrictions while protecting their access to the witness.

Johnnie Cochran

We would like, your Honor, if I might, an opportunity to talk to the FBI Wacks for a minute before he takes the stand however. We have his reports but we have not been able to talk to him.

Reveals the defense had not yet spoken directly with Wacks despite having his reports — a procedural gap that required a recess to address before testimony.

Notable Exchanges (1)

Lance A. Ito•Ms. O'Connell•Johnnie Cochran

The federal government presented a two-part application to protect the Fiato brothers' identities (cameras off) and restrict questioning of Wacks on FBI organized crime methodology. Cochran quickly agreed to the camera restrictions and clarified he never understood them to apply to Wacks.

cooperative

Objections

None recorded

Proceeding 7766 • 23 utterances

Criminal Trial

Department 103