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UNITED STATES v. DePALMA

No. 78 CR 401.

466 F.Supp. 917 (1979)

UNITED STATES of America v. Gregory J. DePALMA, Eliot H. Weisman, Richard Fusco, a/k/a "Nerves", Murad Nersesian, a/k/a "Mike Fusco" and "Mickey Coco", Leonard Horwitz, a/k/a "The Fox", Laurence I. Goodman, Salvatore J. Cannatella, Louis Pacella, a/k/a "Louie Dome", and Thomas Marson, Defendants.

United States District Court, S. D. New York.

March 13, 1979.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., New York City by Nathaniel H. Akerman, Scott G. Campbell, Asst. U.S. Attys., New York City, for plaintiff.

Litman, Friedman, Kaufman & Asche, New York City, for defendant Goodman by Richard Asche, New York City, of counsel.

Robert L. Ellis, New York City, for defendant DePalma.

Norman Ostrow, New York City, for defendant Weisman.

Martin B. Adelman, New York City, for defendant Fusco.

Cohn, Glickstein, Lurie, Ostrin & Lubell, New York City, for defendant Horwitz by Jonathan W. Lubell, Mary K. O'Melveny, New York City, of counsel.

Segal & Hundley, New York City, for defendant Cannatella by Marvin B. Segal, New York City, of counsel.

Barry I. Slotnick, New York City, for defendant Pacella.

OPINION

SWEET, District Judge.

The defendants here were charged in an Indictment, now consisting of 22 counts, with having committed racketeering, securities and bankruptcy fraud and obstruction of justice. Not all defendants were named in all counts. In the closing days of the initial twelve week trial, the defendants moved for a mistrial, alleging prosecutorial misconduct which resulted in the publication of a photograph on pages 94-95 of the January issue...

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