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UNITED STATES v. AGNELLO

December 3, 1973

The UNITED STATES
v.
Fabrizzio AGNELLO et al.


Costantino, District Judge.


The opinion of the court was delivered by: COSTANTINO

COSTANTINO, District Judge.

Several of the defendants in this proceeding have made omnibus pretrial motions. Following oral argument, the receipt of briefs and pretrial conferences the court makes the following rulings:

 Pasquale Macchirole

 1. Motion for severance

 The bases for defendant's motion are that he is seriously ill and therefore unable to stand trial, and that he anticipates that he will call certain codefendants to testify on his behalf. With regard to the latter reason the court denies the motion for severance, with leave to renew at the time of trial when a proper showing of prejudice can be made. With regard to defendant's claim of illness the court will reserve decision, pending examination of the defendant by a government appointed physician.

 2. Motion to dismiss the indictment on the ground that it violates Rules 7 and 12 of the Federal Rules of Criminal Procedure

 The motion is denied.

 Gerard Ruggiero

 1. Motion for severance

 The motion is denied, with leave to renew at the time of trial when a proper showing of prejudice can be made.

 Donald Fontana, Fabrizzio Agnello, Fred Smith, Charles Greene, Joseph Danduono, Albert Grasso and Joseph Conte

 1. Motions to dismiss the indictment on the ground that it violates Rule 7 of the Federal Rules of Criminal Procedure

 The motions are denied.

 2. Motions for severance

 The motions are denied with leave to renew at the time of trial when a proper showing of prejudice can be made.

 3. Motions to dismiss count 13 of the indictment on the ground that it is impermissibly vague and that it fails to charge an offense

 The motions are denied.

 Nicholas Langella

 1. Motion for severance

 The motion is denied with leave to renew at the time of trial when a proper showing of ...


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