29. When Wilson began working on the Smith investigation he was aware that Smith had previously testified before the SCI but did not know the substance of Smith's testimony (8/31, p. 114). He knew that a Kastigar hearing would be necessary if an indictment was ultimately returned by a grand jury in Camden (8/31, p. 115).
30. Wilson explained to the other Camden investigators the implications of Kastigar and ordered them not to make any use or derivative use of any information about Smith from the SCI (8/22, pp. 127, 135; 8/31, pp. 115-16). He instructed them not to read or listen to any media reports on Smith's immunized testimony (8/30, pp. 41, 138).
31. At various times during the Smith investigation Wilson reiterated his instructions to the other Camden investigators not to have any contact with Smith's immunized testimony at the SCI (8/31, p. 116).
32. The Camden investigators followed Smith's instructions and did not discuss Smith with SCI investigators, never received any information about Smith's immunized testimony, and did not see or hear any media reports about Smith at the SCI (8/30, pp. 44-45, 140; 8/31, pp. 31, 91).
33. Knapp began the Camden investigation of Smith by reviewing the transcript of grand jury proceedings that had been transferred to Camden from the Eastern District of Pennsylvania (8/22, p. 135).
34. Knapp then began issuing a series of subpoenas in connection with the Camden grand jury investigation. At the hearing Knapp detailed the subject of each of these subpoenas and explained how he came to the decision to issue the subpoena (8/22, p. 136 -- 8/25, p. 35).
35. Knapp took no steps in his investigation of Smith and in the issuance of the subpoenas based on Smith's immunized testimony (Id. ; 8/25, p. 42).
36. Based on the information presented by Knapp on direct and cross-examination, the court finds that Knapp's decision to issue the subpoenas in connection with the Camden grand jury investigation of Smith was based either (1) on information obtained through the earlier work of the Philadelphia investigators; or (2) through independent research and investigation by the Camden investigators. The court finds that the information obtained in the Camden grand jury investigation of the defendant is in no respect derived from Smith's immunized testimony before the SCI (Id.).
37. Wilson will be acting as the trial attorney in this case. He testified extensively about the Camden-based investigation of the defendant, his instructions to the other Camden investigators about possible Kastigar problems and how to avoid such problems, about his supervision of the Camden investigators, his analysis and choice of evidence to be presented at trial, and his selection of witnesses to testify at trial (8/31, p. 112 -- 9/6, p. 157).
38. Wilson presented for the court's inspection the evidence that he planned to introduce at trial. For each item to be introduced into evidence, Wilson (a) identified and explained the evidence; (b) identified the source of that evidence; (c) named the witness who would identify and explain the evidence at trial; (d) explained the time at which he made the determination that the evidence would be useful at trial; and (e) explained the basis of his decision that the particular evidence should be introduced at trial (8/31, p. 121 -- 9/1, p. 18).
39. After carefully examining the evidence proffered by Wilson as evidence to be used at trial, and considering Wilson's testimony on direct and cross examination, the court finds that the evidence the government will introduce at trial ultimately derives from one of three sources: (1) the United States Department of Labor; (2) the investigation and research of the Philadelphia investigators, and the subpoenas which had been issued on behalf of the federal grand jury sitting in the Eastern District of Pennsylvania until February 1982; and (3) the independent investigation and research of the Camden investigators and the subpoenas that had been issued on behalf of the grand jury sitting in Camden after the transfer of this case from the Eastern District of Pennsylvania (Id.). The court therefore concludes that the evidence to be used at trial does not derive in any respect from Smith's immunized testimony.
40. None of Wilson's decisions in preparing this case for trial could have been based on the substance of Smith's immunized testimony, as he has never learned the substance of that testimony (8/31, p. 114). His knowledge of the fact that Smith had testified did not in any respect influence his preparation of this case for trial or increase his confidence in obtaining a conviction (8/31, pp. 115-17).
41. Wilson also outlined in detail the witnesses to be called at trial. He (a) named and identified each prospective witness; (b) explained the substance of their testimony; (c) named the exhibits (if any) that the witnesses would identify and on which their testimony would be based; (d) explained the point at which he determined that their testimony would be useful; (e) explained how he arrived at the decision that their testimony would be useful; and (f) explained what knowledge (if any) the witnesses had of Smith's immunized testimony (9/1, p. 29 -- 9/2, p. 74).
42. In summary
the witnesses proposed to be presented at trial by the government are:
a. Virginia Bartlett and John Leroy Keane, United States Department of Labor employees, who will provide background information about E.R.I.S.A. and employee benefit plans (9/1, pp. 40-47);
b. Edward Baron, the President of Capital Life Insurance, who will provide information about Capital Life's first contacts with Steven Montrose, Stanley Soboloski and the defendant, beginning in 1973 (9/1, pp. 48-51);