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U.S. v. LAMANTIA

No. 93-CR-523.

856 F.Supp. 424 (1994)

UNITED STATES of America, v. Joseph Frank LAMANTIA, et al.

United States District Court, N.D. Illinois, Eastern Division.

June 3, 1994.

Attorney(s) appearing for the Case

Louis Carbonaro, Carbonaro & Carbonaro, Chicago, IL, for Joseph Frank Lamantia.

Charles J. Aron; Louis Carbonaro, Carbonaro & Carbonaro; and Martin Steven Agran, Agran & Agran, Ltd., Chicago, IL, for Aldo John Piscitelli.

Sheldon Bart Nagelberg, Chicago, IL, for Joe Wing.

Louis Carbonaro, Carbonaro & Carbonaro and Michael James Falconer, Chicago, IL, for Kenneth C. Hom.

Daniel S. Alexander and Patrick Eamon Boyle, Arnold & Alexander, Ltd., Chicago, IL, for Dominic Scalfaro.

Gary Jay Ravitz, Chicago, IL, for Philip F. Bertucci.

James Philip Hilliard; and Timothy Patrick Donohue, Law Offices of Timothy P. Donohue, Chicago, IL, for Gino Levato.

Joseph A. Pavone, Oakbrook, IL, for Joseph W. Coco.

Robert A. Novelle, Serpico, Novelle, Dvorak & Navigato, Ltd., Chicago, IL, for Joseph Tony Gallo.

John Joseph Scully, U.S. Attorney's Office, Chicago, IL, for the U.S.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

The issues raised in defendants' Joint Motion to Dismiss the Indictment Based on Grand Jury Impropriety present a question of first impression, to wit, can an indictment stand when a grand juror has been convicted of felonies committed as a member of the indicting grand jury? We find that juror Girardi's illegal actions have nullified the indictment, and therefore grant the defendants' Motion...

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