United States v. Burke, 700 F.2d 70 (2d Cir. 1983)

United States Court of Appeals, Second Circuit, decided January 28, 1983, on appeal from convictions in the Eastern District of New York in a scheme to fix Boston College basketball games in 1978 and 1979. The appellants included James Burke.

The court describes Henry Hill as “a reputed underworld figure from New York.” It says the conspiracy “unraveled when Henry Hill was indicted by state authorities on drug conspiracy charges and subsequently was implicated in the Lufthansa robbery at Kennedy Airport in New York.” That sentence is the court’s account of how the scheme came to light, not a finding against Hill. “At trial, the government’s case consisted principally of the testimony of Henry Hill and three other witnesses.”

Much of the opinion concerns Burke’s subpoena for a reporter’s notes for a February 1981 Sports Illustrated article by Hill. The court held the notes would have been cumulative: “Hill had been thoroughly impeached at trial,” and “Hill conceded that he was a career criminal who had committed many heinous crimes.” It noted that “a redacted version of Hill’s immunity agreement” was read to the jury. “The judgment of the district court is affirmed.” The opinion names college players involved in the scheme; they are private persons and are not named here.