and had told Baldwin that O'Hara had been in Baton Rouge and
talked with a government witness in the Chattanooga trial,
which O'Hara admitted; whereupon the Judge told Baldwin he
would like to meet Sheridan but that if there was such a
meeting he would bring someone with him.
At this meeting, Strate stated that while he and Sheridan
were alone a discussion ensued about Sheridan's offer to give
him wiretapping and room bugging evidence which would help him
in the Chicago hearing if Strate would help discredit District
Attorney Garrison; that he assumed Sheridan was working for
Robert Kennedy; that he demurred, having no intention of
discrediting Garrison, but only wanted information about
wiretapping in Chattanooga; that nothing was agreed to between
them; that when Judge O'Hara and Baldwin rejoined them, in
their presence Sheridan said to Strate, "Why don't you let me
help you in Chicago?" This was corroborated by Judge O'Hara on
his direct. Strate also knew that Sheridan was subpoenaed to
appear before the September Grand Jury for New Orleans Parish
empanelled by Judge Malcolm O'Hara, who was Strate's intimate
The government also elicited from Mr. Strate that Judge
O'Hara at Strate's request had met with Edward Brady Partin in
Baton Rouge, a government witness in the Chattanooga trial,
which had been arranged by Mr. Gill and took place in Mr.
Gill's office; that the Judge had a predrafted affidavit for
Partin to sign in which he confessed wiretapping; that the
document had been prepared without ever interviewing Mr.
Partin and the Judge asked Partin to sign the affidavit
without asking him whether it was true or not; that the Judge
did this because Strate had asked him to do so; Judge O'Hara
told Strate that Partin had refused to sign such affidavit.
Judge O'Hara on cross-examination confirmed that in the
latter part of February 1967, he, his court reporter, Mr.
Levy, and Mr. Strate drove to Baton Rouge to meet Mr. Partin
as arranged through Mr. Gill; that he had an affidavit which
had been dictated by Harold Brown, an attorney in Chattanooga,
Tennessee to his court reporter in Mr. Strate's apartment in
New Orleans; that Brown told Judge O'Hara he was one of the
attorneys in the Hoffa Chattanooga case; that the Judge had
glanced at the contents and saw it contained some allegations
with reference to wiretapping in Chattanooga; that he gave the
affidavit to Mr. Partin, asked him to read it and that if it
was correct, would he sign it; that his role with the
affidavit was that of messenger boy and he did it because
Strate asked him to.
Mr. Walter J. Sheridan had been subpoenaed by defendants and
was waiting in the witness room to be called. The defense,
however, did not call for his testimony.
Because of the many conflicts and contradictions in the
testimony given by these two close friends, the unquestioned
obedience imposed by this friendship, the contradictions in
Strate's testimony alone, his declared personal concern for
Mr. Hoffa's predicament, all indicate an interest and
motivation which casts such doubt upon the credibility of
their testimony and this Court refuses to place any credence
on it. In any event, even if accepted as true, it fails to
show that there were any overhearings of conversations by any
of these defendants by the government.
The Court concludes from all the evidence adduced on this
hearing, that the government obtained no new information from
the electronically eavesdropped overhearings in the record and
that none of the overhearings had any relevance to the
convictions of any of the defendants. The Court further finds
that the convictions of none of the defendants were tainted by
the use of evidence improperly obtained.
The motion for a new trial, if such it is, is overruled and
a new final judgment on the verdict is hereby entered against
all of the defendants with the exception
of Hyman, whose death was suggested during the course of the
hearing. The same sentences heretofore imposed on each of the
defendants are hereby reimposed.
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