United States of America v. Joseph Wenzel

IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 02-3264
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UNITED STATES OF AMERICA,
v.
JOSEPH WENZEL,
Appellant
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Appeal from the United States District Court
For the Western District of Pennsylvania
D.C. No.: 99-cr-33E
District Judge: Honorable Sean J. McLaughlin
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Submitted Under Third Circuit LAR 34.1(a) July 15, 2003
Before: McKEE, BARRY, and ROSENN, Circuit Judges.
(Opinion Filed July 31, 2003)
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ORDER AMENDING OPINION
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The opinion in the above case is hereby amended as follows:
1. On page 9, delete the first full paragraph beginning “Wenzel’s argument
that Maden’s testimony” and ending “corroboratory support to Maden’s
testimony.” Retain the footnote (8), which is placed at the end of the
inserted text below. Substitute the following language:
Wenzel’s argument that Maden’s testimony – that
Wenzel solicited Maden to kill both Wenzel’s brother and the
federal prosecutor in Wenzel’s case – was uncorroborated
also fails. The District Court pointed out that Greg Muldrew,

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Scott Murosky, and Larry Elder testified to Wenzel’s
expressed intent to harm or kill the prosecutor. Also, in a
tape-recorded conversation, Wenzel described to Muldrew the
location of the prosecutor’s residence. Finally, evidence was
presented regarding Wenzel’s intent to harm or kill other
individuals involved in his case. Defendant’s interpretation of
corroborating evidence is too narrow. Corroborating evidence
means “[e]vidence supplementary to that already given and
tending to strengthen or confirm it. Additional evidence of a
different character to the same point.” Black’s Law
Dictionary 344-45 (6th ed. 1990). Wenzel argues that
Maden’s testimony was uncorroborated because no other
witness testified (1) that Wenzel tried to hire Maden to kill
Wenzel’s brother and the prosecutor or (2) that Wenzel tried
to hire him or her to kill Wenzel’s brother or the prosecutor.
We agree with the District Court that Muldrew, Murosky and
Elder’s testimony with regard to the prosecutor, the tape-
recorded conversation regarding the prosecutor and the
evidence that Wenzel intended to harm or kill other
individuals involved in his case provided corroboratory
support to Maden’s testimony.8
BY THE COURT:
/s/Max Rosen
Circuit Judge
Dated: August 11, 2003

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