United States v. Joseph Anthony Di Rodio, Frank Gugliemini, Robert Herko and Sidney Fried

Di Rodio and a codefendant, Sidney Fried, were tried jointly before a jury for transporting stolen property interstate in violation of 18 U.S.C. § 2314 . On appeal Di Rodio challenges his conviction on several grounds, one of which is that the court ■erred in allowing an FBI agent to testify about post-arrest statements made by Fried. We reverse on that ground.

The prosecution’s case consisted primarily of the testimony of George Dorward, an FBI informant then under sentence on a separate charge and who admittedly hoped for leniency in return for his cooperation in the prosecution of appellant.

Dorward said appellant offered to make available to him certain corporate securities shown to have been stolen from a New York securities dealer. The witness then explained events leading to a transfer of the securities in San Francisco in January, 1977. Dorward’s testimony included his assertion that he and Di Rodio met with others in Room 332 of a San Francisco motel and picked up a stolen corporate debenture on January 10, 1977. Di Rodio denied attending such a meeting.

FBI Agent Donald McPherson subsequently testified over objection to post-arrest statements made by Fried outside the…