however, the demands seek, directly or indirectly, a full and complete disclosure of every detail of the United States' case. Disclosure of the names of prosecution witnesses is sought, as is the United States' trial theory and all of the evidence it proposes to introduce. Defendants insist that they are entitled to the entirety of the information demanded by virtue of the recent liberalization of Rule 7(f) and that withholding it from them denies them an adequate basis for the preparation of their respective defenses. The United States responded to these motions by declining to answer substantially all of the questions directed to it.
The purpose and function of a bill of particulars is to provide the defendant with details of the charges against him in addition to those details previously set forth in the several counts of the indictment. (The legal sufficiency of the indictment has been sustained by this court in deciding defendants' motions to dismiss in Section VII, supra.) The liberalizing trend in the area of pre-trial criminal discovery suggests that details of charges made in an indictment should be disclosed where necessary to aid in preparing a trial defense, minimizing surprise at trial, and enabling the defendant to plead a previous acquittal or conviction as a bar to subsequent prosecution. See United States v. Tanner, 279 F. Supp. 457 (N.D. Ill., 1967); Zirpolo, supra, 288 F. Supp. 993, pp. 1021-1022. See also United States v. Smith, 16 F.R.D. 372, 374 (W.D. Mo., 1954). Although the 1966 amendment of Rule 7(f) supports the trend toward liberalization, nonetheless, the propriety of requiring the United States to answer the demands for particulars made of it still resides within the sound discretion of the trial judge. See Wyatt v. United States, 388 F.2d 395, 397 (10th Cir., 1968); Zirpolo, ibid.
As a result of the demands made by the defendants, this court, in the exercise of its discretion under Rule 7(f), directed the United States to file and serve a bill of particulars in this case, setting forth: (1) the names of defendants or other persons through whom the United States alleges the defendants obtained the sums of money from Constrad, Inc., its officers and agents, as charged in Counts II through X of the indictment, and (2) a more specific factual statement with regard to the allegations in the indictment that the consent of the victims of the charged conspiracy and extortions was "induced both by fear of financial injury" or "by the wrongful use of fear of financial injury" and "under color of official right". Adequate answers to these particulars have since been provided by the United States and made available to defendants.
This court is satisfied that the indictment itself, the pre-trial discovery ordered by this court in Section X of this opinion, and the bill of particulars ordered and answered provide the defendants with all of the information and assistance to which they are entitled by law, and more. Accordingly, each and every demand for particulars made by defendants and not determined heretofore is denied.
Motions for additional time
Defendants H. Addonizio, Krusch, LaMorte, Callaghan and Schiff move for additional time to file pre-trial motions to supplement those heretofore made.
All of these defendants were arraigned before Judge Coolahan on December 19th, 1969. At that time, a motion was made to allow the defendants a period of sixty days within which to file appropriate pre-trial motions. The United States objected to this motion and sought a limitation to the usual thirty-day period provided for in General Rule 12(E) of the United States District Court for this district. In the exercise of his discretion under that rule, Judge Coolahan determined that a period of forty-five days was "a reasonable time to address all motions to the indictment * * *". See Transcript, arraignment of Hugh J. Addonizio, Cr. Nos. 547, 548-69, December 19th, 1969, p. 6. Thereafter, this court, to whom this indictment was assigned for trial, granted an additional two-week extension of the final filing date.
It is evident, from the proceedings at the arraignment, that the enlarged period of time allowed for the filing of pre-trial motions was intended to allow sufficient time for the defendants to file all motions addressed to the indictment. This court gave the defendants the further benefit of an extension of time to facilitate the thorough preparation of their motions. Neither Judge Coolahan nor this court evinced any intent to permit the filing of a pre-trial motion designed to extend further the time to make such motions. The endorsement of such a procedure would encourage endless pre-trial motions, limited only by the ingenuity of counsel. Furthermore, defendants have shown no compelling reason to order a special extension of time in this case, and their motion for additional time is denied.
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