United States v. Bernard G. Decoito and Francisco Tagalicod, Jr., United States of America v. Bernard G. Decoito

DeCoito and Tagalicod appeal from their conviction of violating 18 U.S.C. § 241 (Conspiracy against the rights of one Scott Sabey), § 242 (Depriving Sabey of rights under color of law) and § 1623 (Making false declarations before a grand jury). We affirm.

I. Facts.

Appellants DeCoito and Tagalicod are officers of the Honolulu Police Department. At their trial, Sabey and military police officer Brian Overling testified to the following: On the evening of November 21, 1980, Sabey ran his car into an MP, knocked him down and fled the scene. Around midnight he was arrested on a hit and run charge. He resisted arrest. After receiving traffic citations, he was released. Immediately thereafter, DeCoito and Ta-galicod took Sabey into Tagalicod’s car, handcuffed him, and drove him to an isolated area where they were joined by Over-ling. DeCoito and Tagalicod kicked Sabey, beat him, abused him, and threatened to kill him. Overling joined in the fun. De-Coito told Sabey that he would die if he told anyone about the incident, and told Overling “if you don’t say anything to anybody nobody is going to get hurt____”

DeCoito and Tagalicod testified that they had nothing to do with the incident…