United States v. Salerno, 505 U.S. 317, 16 (1992)

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332

UNITED STATES v. SALERNO

Stevens, J., dissenting

F. 2d, at 808.9 Moreover, the transcripts reveal that the prosecutors did challenge some of the witnesses' denials of knowledge of criminal activity by questioning which included probing the basis of their statements and confronting them with contrary statements from other people.

I am therefore satisfied that the Government had an "opportunity and similar motive" to develop the grand jury testimony of witnesses Bruno and DeMatteis; consequently, the transcript of that testimony was admissible against the Government at respondents' trial under Rule 804(b)(1). For that reason, I would affirm the judgment of the Court of Appeals.

9 "Indeed," the Court of Appeals explained, "the central importance of the 'club's' existence is probably why the government felt obligated to identify Bruno and DeMatteis as sources of exculpatory testimony under Brady v. Maryland[, 373 U. S. 83 (1963)]." 937 F. 2d, at 808.

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