of the Vastola bail hearing, which was submitted as an exhibit by defendants, bears noting at this time. That is, following his meeting with Vastola, LaMonte called Agent Cupples, who picked up LaMonte and took him to the hospital for treatment of head injuries that LaMonte had sustained. Furthermore, Cupples took photographs of LaMonte, both before LaMonte was admitted and after he was released from the hospital. These photographs were introduced by the government at the Vastola bail hearing.
(B) The Evidence Presented At The Brady Hearing
The court makes the following findings of fact, predicated on the substantially uncontradicted testimony of Agent Mahoney and John LaMonte adduced at the Brady hearing on March 17, 1988.
1. Based on surveillance information obtained by the F.B.I. during their investigation of Gaetano Vastola and others named in the indictment herein, Agents Mahoney and Cupples met with LaMonte two to four weeks prior to May 18, 1985, and informed him that they believed he was in danger of getting a beating from Vastola. (T. 3/17/88 -- Mahoney at 53-54; LaMonte at 102).
Despite this warning, LaMonte, who did not feel that he was in danger, told Agents Cupples and Mahoney that he could "handle himself." (T. 3/17/88 -- Mahoney at 53-54; LaMonte at 107-108).
2. On May 18, 1985, at approximately 11:00 a.m., LaMonte left his home by car and drove to a meeting with Vastola that was to take place in the parking lot of a hotel located in Hightstown, New Jersey. (T. 3/17/88 -- LaMonte at 95). On his way to the hotel, LaMonte missed the Hightstown exit off the New Jersey Turnpike, and had to make a U-turn at the toll booth at the next exit, in order to backtrack. In doing this, LaMonte noticed another car making a similar U-turn at the toll booth. LaMonte then got back on the turnpike, exited at Hightstown, and proceeded to the hotel parking lot. (T. 3/17/88 -- LaMonte at 98).
3. Before reaching the hotel parking lot, as he drove down the Hightstown exit ramp, LaMonte saw a uniformed policeman standing beside a car that was parked under the overpass. This overpass was approximately 100 yards from the hotel parking lot. The policeman was standing near the front of the car, looking across the road, not in the direction of the motel. (T. 3/17/88 -- LaMonte at 101).
4. Upon pulling into the hotel parking lot, LaMonte saw the car that had made the U-turn at the toll booth right after he had driven past. LaMonte was not able to identify the car or its occupants, nor did he ever see that car again. (T. 3/17/88 -- LaMonte at 98).
5. During his meeting with Vastola, LaMonte glanced up at a utility pole and saw a man perched atop it. LaMonte did not notice what the man was wearing or whether he had tools or equipment with him. (T. 3/17/88 -- LaMonte at 102).
6. The meeting between LaMonte and Vastola lasted approximately 15 minutes to a half hour. LaMonte did not take further notice of either the policeman under the overpass or the man on the utility pole. (T. 3/17/88 -- LaMonte at 116, 117).
7. LaMonte's sighting of the car making the U-turn, the policeman under the overpass, and the man on the utility pole gave rise to the suggestion in his mind that the meeting between him and Vastola might be under surveillance. (T. 3/17/88 -- LaMonte at 104-105). Some time after May 18, 1985, LaMonte asked Agent Cupples whether the meeting had been surveilled. Cupples told him that it had not. (T. 3/17/88 -- LaMonte at 104).
8. On May 16 or 17, 1985, Agent Mahoney, who acted as the case agent in charge of physical surveillance pertaining to the investigation that led to the indictment in this case, requested a surveillance for May 18, 1985. This request was made on the basis of the following:
MAHONEY: That Sonny [Palmer] Brocco and Tommy [Gaetano] Vastola wanted to meet with him [LaMonte] and there had been some discussion that he [LaMonte] was going to have a problem that day and we had no way of knowing, we couldn't find out where it was, where exactly it was set for, so our best way of doing that would be we thought to follow Sonny Brocco to the meeting.
(T. 3/17/88 -- Mahoney at 53). Mahoney did not know when the expected meeting between Vastola and LaMonte was scheduled to take place. (T. 3/17/88 - Mahoney at 54).
9. At approximately 7:30 a.m. on May 18, 1985, Agent Mahoney left his house in Colts Neck, New Jersey by car to drive to the F.B.I. office in Red Bank, New Jersey. At some time that morning, either on his way to work or shortly after arriving at the Red Bank office, Mahoney drove toward the Marlboro Airport coffee shop, in order to get some coffee. While en route to the coffee shop, Mahoney saw Vastola pass by in a car, "heading for the Freehold area." (T. 3/17/88 -- Mahoney at 55).
10. Upon seeing Vastola, Mahoney radioed the surveillance team which he had assigned to "the Freehold/Howell Township area," and "alerted them that Tommy Vastola had passed [him], that he was heading in a westerly direction, just to alert them that he may be coming in their direction, that something might be moving, to be more alert." (T. 3/17/88 -- Mahoney at 56).
11. After contacting the surveillance team and receiving acknowledgement of his message, Mahoney proceeded to the coffee shop. On the way, the surveillance team radioed back to Mahoney, and told him that they could not locate Vastola. Mahoney then went to the coffee shop and had breakfast. (T. 3/17/88 -- Mahoney at 57).
12. After breakfast, Mahoney returned to the Red Bank office and did paperwork for the remainder of the day. In the course of the next day or two, Mahoney spoke with the surveillance team leader, Agent Von Holle. Von Holle told Mahoney that the team had never seen LaMonte, Vastola or Brocco, and that "they never were able to make any type of surveillance that day." (T. 3/17/88 -- Mahoney at 58).
Further testimony presented at the Brady hearing addressed the issue of the basis Dennis Eisman had for alleging in the Scorpio complaint that "LaMonte's beating was photographed by F.B.I. agents . . . ." Eisman took the stand on March 10, 1988 and testified to the following:
(a) that before filing the Scorpio complaint, he made an investigation of the allegations contained therein (T. 3/10/88 -- Eisman at 22);
(b) that he could not remember all the persons with whom he spoke before reaching the conclusion that the LaMonte beating had been photographed (T. 3/10/88 -- Eisman at 25);
(c) that he did recall speaking to William Knoedelseder and Agent Mahoney regarding the May 18, 1985 incident (T. 3/10/88 -- Eisman at 26); and
(d) that, while nobody had told Eisman that the actual alleged beating of John LaMonte had been photographed (T. 3/10/88 -- Eisman at 39), he "assumed that there were surveillance photographs of the beating." (T. 3/10/88 -- Eisman at 28).
Eisman then offered an explanation in the following colloquy, of how he reached that assumption.
CROSS-EXAMINATION OF MR. EISMAN BY MR. BORSTEIN: