Baker

United States v. Baker

Bad Law
10 F.3d 1374
United States Court of Appeals for the Ninth CircuitOctober 19, 1993Nos. 89-10302, 89-10303, 89-10380, 89-10456 to 89-10459, 89-10464 to 89-10469 and 89-10567California23,137 words

Opinion

Lead Opinion

Boochever, J.

This is an appeal from criminal convictions following one of the lengthiest and costliest trials in this nation’s history. The trial lasted over 16 months, produced over 30,000 pages of transcripts, and involved over 250 witnesses and thousands of exhibits presenting evidence involving over 2,000 narcotics transactions spanning an 11-year period. Of the 24 defendants charged in the 44-count superseding indictment, 15 initially went to trial. Three defendants reached plea agreements during the trial. Eleven of the remaining 12 defendants join in this appeal. We are called upon to consider not only the approximately 50 individual issues raised on appeal, but the practical and human limitations of our jury system itself.

Richard Rupley, Sr., John Bonnenfant, Dwain Baker, Edward Baker, Daniel Rupley, Dominic Cavallaro, Katherine Rupley, Richard Rupley, Jr., Byron Wimberly, Robert Rowen, and Robert Cole (collectively, “Appellants”) were members of a large criminal organization known as “the Company.” 1 The Company was headed by Rupley, Sr., who expanded his operations by recruiting many teenagers and young adults (including his 15-year-old son) into the organization. The central count…

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