United States v. Frederick Ines Gordon, United States of America v. Edward Loeswick

Frederick Gordon and Edward Loeswick appeal from their convictions for conspiracy (Count I), obstruction of justice (Counts II and III), and perjury (Counts IY, Y, VI and VII). The convictions arose out of an alleged agreement between Gordon, Loe-swiek and Vernon Edler to direct Lockheed subcontracts for the Trident Missile to Edler Industries to the exclusion of other potential subcontractors. Appellants claim that their convictions should be reversed because Count I of the indictment was duplicitous, hearsay testimony of a coconspir-ator was impermissibly admitted, the prosecution failed to turn over exculpatory Brady material, an allegedly perjurious statement was immaterial, and the evidence produced at trial was insufficient. We REVERSE on Count I and AFFIRM as to all other counts.

I.

FACTS AND PROCEEDINGS BELOW

Lockheed Missiles and Space Company contracted with the Navy Department to design and manufacture hardware for the Trident II Ballistic Missile Program. Frederick Gordon was a mechanical engineer at Lockheed in Sunnyvale, California. He was responsible for designing a ring- shaped antenna for test missiles and for ordering the necessary parts and materials through…