UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
March 14, 1979
UNITED STATES OF AMERICA, Plaintiff, against GREGORY L. DePALMA, et al., Defendants.
The opinion of the court was delivered by: SWEET
Defendant Lawrence I. Goodman ("Goodman") has moved for a severance on several grounds. The court finds insufficient a number of these grounds, most of which were urged in the first trial of this Indictment. However, Goodman urges here for the first time that his release on retrial will rest largely on the exculpatory evidence of co-defendant Eliot H. Weisman ("Weisman"), who by affidavit has stated he would testify at a separate trial of Goodman, but not at a joint trial. The Government has resisted this motion, asserting that a hearing is required before a determination of the motion, on the ground of a challenge to the credibility of Weisman's affidavit.
An evidentiary hearing will be held for this purpose on March 14 at 4:00 p.m.
IT IS SO ORDERED:
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