United States v. Anthony F. Altavilla

This is an appeal by Anthony F. Al-tavilla from his conviction for concealing and facilitating the transportation and concealment of heroin imported contrary to law in violation of 21 U.S.C. § 174 .

On September 10, 1968, federal narcotics agents and officers of the Seattle, Washington, Police Department raided a Seattle motel room believing it to contain heroin. They found and arrested appellant, one David Waligorsky, and an eighteen year-old girl. At appellant’s trial, one of the officers testified that, when they entered the room, appellant immediately threw a package out of the window. Another officer retrieved the package and found it to contain fifty-four grams of heroin. Waligorsky, who pled guilty to an offense under § 174, testified that he, rather than appellant, threw the heroin out of the window. The girl testified that she saw neither man throw anything out of the window. The officer's testimony is the only direct evidence of the offense charged. Appellant defended the charge at trial on the ground that he was “in the wrong place at the wrong time.”

Appellant elected not to take the stand. The prosecution commented on this failure to testify in the following…