United States v. Andrew J. Lococo

Loeoco appeals from his conviction upon one count of perjury based upon his false testimony before a federal grand jury that he had not talked to Ray Mirr during the previous year. Lococo con tends that (1) his testimony was not material to the grand jury’s investigation, (2) the district court prejudicially erred in admitting, over his objections, the records of about 83 telephone calls to Mirr’s home and business telephone charged to Lococo’s business telephone, and (3) the evidence was insufficient to sustain the conviction.

Lococo and his wife are the sole stockholders of a corporation that owns and operates the Cockatoo restaurant. They directly own and operate a hotel, the Cockatoo Inn. The Locoeos’ home is located on property adjoining the hotel and restaurant complex.

In December 1968, a federal grand jury was convened in Los Angeles to investigate interstate wagering, bookmaking, loan sharking, bribery, and sporting contests. On April 11 and June 19, 1969, two grand jury witnesses implicated Lococo in bookmaking. Prior to Lo-coco’s appearance, the grand jury was informed that Mirr had been involved in interstate gambling.

On June 26, 1969, Lococo appeared before the…