Marusich

United States v. Marusich

Good Law
637 F. Supp. 521·1986 U.S. Dist. LEXIS 25483
United States District Court, Southern District of CaliforniaMay 14, 1986Crim. 85-0327-BCalifornia3,263 words

Opinion

Opinion

Brewster, J.

MEMORANDUM DECISION AND ORDER

BACKGROUND

The original one-count indictment in this case charged the defendant with a violation of 18 U.S.C. § 1716 (h) (mailing an explosive device with intent to kill). The indictment alleged that on or about June 24, 1984, the defendant constructed a pipe bomb and caused it to be mailed to Susan Schwartz. Susan Schwartz was the defendant’s supervisor when he was employed at National University in San Diego. The package that contained the bomb was addressed to Susan Schwartz’s husband’s office. When the parcel arrived, the recipient suspected that it contained explosives. The parcel was taken to the rear entrance of the building and was discarded in an alley. The parcel exploded upon impact and caused substantial property damage; however, no one was injured.

Postal inspectors conducted an investigation of this incident. This investigation led to the return of the original indictment by the grand jury.

The defendant was tried by a jury. Following extended deliberations, the jury was unable to return a unanimous verdict, and the court declared a mistrial.

The court scheduled a date for the retrial of this matter and a date for the hearing on any…

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