United States v. Ava Pittman and Paula Wynn, Also Known as Paula M. Lynn

Convicted of violating 26 U.S.C. § 4705(a) (sale of narcotics without an order form) and 18 U.S.C. § 371 (conspiracy), Pittman and Wynn appeal. We reverse and remand for a new trial because the privacy of the jury room was improperly invaded by an agent of the prosecution.

After the jury in this case had retired to deliberate, it notified the trial judge that it wished to listen again to a tape recording that had been played during the course of the trial. Since the tape could be erased by inept use of the recorder, the court, seeking to prevent a loss of evidence, directed the Government…