U.S. Maggard

In prosecution on drug conspiracy charge, Dist. Ct. did not err in denying defendants’ motion to suppress evidence obtain via wiretap, where said defendants argued that govt. failed to show that they could not have obtained same evidence through traditional means of discovery. Govt. satisfied necessity element of wiretap application, where govt.’s affidavits revealed that it was not attempting to use wiretap as initial investigative tactic and set forth many other investigation techniques that had been unsuccessfully used or ruled out in investigation of charged offense. Also, two defendants waived their appeal of denial of their severance motion since said defendants failed to renew their motion at close of evidence. Moreover, Dist. Ct. did not err in admitting evidence of drug-related death of wife of one defendant against said defendant, even though evidence demonstrated defendant’s appalling conduct towards his wife, since said evidence was necessary to connect defendant to his wife’s death by ingesting drugs that he and third-party had supplied to her.