What is the burden of proving by independent evidence that each defendant was a part of a conspiracy?

MultiRegion, United States of America

The following excerpt is from U.S. v. Scully, 546 F.2d 255 (9th Cir. 1976):

Appellants contend that the government failed to meet its burden of proving by independent evidence that a conspiracy existed and that each defendant was a part of the conspiracy. Mayola v. United States, 71 F.2d 65 (9th Cir. 1934). The hearsay statement of a coconspirator that defendant X is a member of the conspiracy is not sufficient to prove X is a member. But the words of each defendant, admitted into evidence in the wiretap tapes and properly authenticated, constitute admissions by the defendants that satisfy the independent evidence requirement. Klein v. United States, 472 F.2d 847, 850 (9th Cir. 1973). Here, each defendant was recorded in conversations involving arrangements for the sale or transportation of heroin. The statements of the other parties to the conversations are being used to give meaning to the admissions of the defendants and not, as to this requirement, to provide substantive evidence of the defendants' participation in the conspiracy. There was adequate independent evidence to link each defendant to the conspiracy.

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