United States v. Albert Louis Keen

On December 6, 1972, a commercial fishing boat, the Hombre, was tied to a dock in Hoquiam, Washington. Its owner Donald Johnson, accompanied by a friend, stepped aboard and fired the ignition. The boat exploded and sank. Johnson lost both legs. The government produced evidence that Albert Keen some weeks earlier had attempted to hire some men to bomb the Hombre, and, failing in that attempt, had himself wired a bomb to the ignition. Keen was convicted by a jury of two violations of 18 U.S.C. § 844 (i): first for attempting to destroy, by means of an explosive planted by hired third parties, property used in interstate commerce; and second for accomplishing this goal himself. He appeals. We affirm the conviction.

Keen’s principal contention is that the trial judge erred in admitting into evidence a damaging telephone conversation that had been recorded in violation of state law. A government agent recorded a conversation between Keen and an informer named Roy Doi-ron with Doiron’s prior consent. Under the laws of the State of Washington, a wire tap is illegal unless both parties to the conversation consent. R.C.W. § 9.73.030. The Government relies on Title III of the…