United States v. Geaney

United States v. Geaney

Opinion

 [*1117]  FRIENDLY, Circuit Judge:

Geaney's appeal from his conviction after a jury trial before Judge Tyler in the District Court for the Southern District of New York, neatly raises the vexed question of the sufficiency of evidence of conspiracy to warrant the admission  [*1118]  of declarations of alleged co-conspirators in furtherance of the conspiracy.

The Government's case was presented primarily through the testimony of Carol McKeever, at whose apartment in the Bronx defendant Lynch, the prime mover in the conspiracy, lived. In June 1968, Lynch told his mistress that he intended to rob a bank; he later identified the branch of Manufacturers Hanover Trust Co. on City Island as the place and the day after Labor Day, September 3, 1968, as the time. Originally McKeever was to act as a decoy to divert the attention of the police to the southern end of the island while the robbers crossed the bridge at the northern end. Later the plan was changed so that the robbers would leave the island by boat and McKeever's role was somewhat reduced.

Early in August Lynch told McKeever that Geaney's job would [**2]  be to steal a car, another defendant, Donnellan, ¹ was to get the boat, and Lynch would get the guns. In fact, Geaney had been riding with Lynch and McKeever prior to this conversation but had left them on spotting a double-parked car. Shortly after the conversation he returned without the car, saying that the keys had not been left in it. A few weeks later, on joining Lynch and Geaney near a bar, McKeever was asked by Lynch whether she had seen their truck. Pointing to a yellow-panelled truck bearing the words "Madam Pauline's Laundry and Dry Cleaner," he explained they had stolen it in Queens where they found it double-parked with the motor running.

Another witness, Robert Scott, testified that in mid-August, he had told Donnellan he wished to sell a motor boat; that the two picked up Geaney and drove to Scott's home to inspect the boat; that Donnellan agreed to pay $400 for it; that the three men then brought the boat to the Bronx, picked up Lynch, took [**3]  the boat to Edgewater Park on the mainland and put it into Eastchester Bay. Having been joined by Lynch's younger brother, they crossed to City Island, paying close attention to the time required.

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