United States v. Sasso

59 F.3d 341 (2nd Cir. 1995)

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Nature of the Case

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Facts

Sasso, Jr. (D), and Armienti (D) were indicted for conspiring to deal in firearms and to possess and receive firearms with obliterated serial numbers. The evidence at trial included testimony from coconspirator Van Allen, who began cooperating with the government following his arrest in December 1992 and recorded certain conversations thereafter; testimony from Armienti's(D) former girlfriend; and telephone records. Kristine Kramer, Armienti's (D) girlfriend for most of the period from August 1991 to June 1992, testified to her observations and her conversations with Armienti (D) during that time. Kramer, a truck driver in her mid-40's, was a member of the Teamsters Union and was thereby acquainted with Sasso (D) and with Sasso's (D) father, who was president of Teamsters Local 282, and she knew Van Allen by sight. Armienti (D) told Kramer that he was 'running . . . guns' for Sasso (D). Armienti (D) told Kramer that he obtained the guns from an individual he referred to as 'Rambo,' whom Kramer eventually saw and identified as Van Allen. Kramer recognized Van Allen as someone she had seen with Sasso (D) at Teamster Union meetings. In February 1992 Armienti (D) began living with Kramer. Thereafter, Kramer observed that Armienti (D) was often paged on his beeper. He left her home to return the page on public telephones, informing her that the calls were from 'Rambo.' While living with Kramer, Armienti (D) had frequent meetings with Van Allen, and Kramer accompanied him when he set out for six such meetings. Armienti (D) told Kramer that he and his cohorts ground the serial numbers from the guns. They kept a grinder at Sasso's (D) girlfriend's house and were acquiring a second grinder because Armienti (D) had additional customers of his own. Ds tried to keep this testimony out of court because while Kramer was driving she accidentally struck and killed a fellow worker. Kramer testified that she became depressed and twice visited a psychiatrist for counseling. Shortly after these two visits, Kramer's family physician prescribed the antidepressant drug Prozac. Ds sought permission to bring these facts out in the presence of the jury. They also contended that Kramer committed perjury in the in limine hearing as to the extent of her ingestion of antidepressant drugs. They presented pharmacy records showing that Kramer had a Prozac prescription filled in December 1990 and a prescription for Elovil filled in October 1992. Ds urged that they also be permitted to bring these facts out before the jury. Kramer was recalled before the judge and testified and the judge denied the motions. Ds were convicted and appealed in part on this issue.