UNITED STATES v. DIOGUARDI


147 F.Supp. 421 (1956)

UNITED STATES of America v. John DIOGUARDI, also known as "Johnny Dio," Charles Tuso, Theodore Rij, also known as "Teddy Ray," also known as "Skinny," and Charles Salvatore Carlino, also known as "Charley Woppie."

United States District Court S. D. New York.

December 10, 1956.


Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., Robert Kirtland and Arthur Christy, Asst. U. S. Attys., New York City, for the Government.

Irving Mendelson and Charlotte C. D'Antonio, New York City, for defendant Charles Salvatore Carlino.

Goldstein & Goldstein, New York City, for defendant Charles Tuso, Gilbert Goldstein and Lawrence Kovalsky, New York City, of counsel.

William W. Kleinman, Brooklyn, N. Y., and Noah L. Braunstein, New York City, for defendant John Dioguardi.

Harold O. N. Frankel and Irving Spieler, New York City, for defendant Theodore Rij.


HERLANDS, District Judge.

This motion for a change of venue is based upon the defense claim that it is highly improbable that the defendants can obtain a fair and impartial trial at this time in this district because the mind of the public has been inflamed by the current publicity concerning the defendants. This motion must be viewed and decided in its factual setting and against the background of recently concluded court proceedings.

This indictment was...

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