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UNITED STATES v. O'DONOVAN

August 21, 1952

UNITED STATES EX REL. DE LUCIA
v.
O'DONOVAN.



The opinion of the court was delivered by: Igoe, District Judge.

This is the second Habeas Corpus proceeding by Paul De Lucia. It appears subsequent to the case of U.S. ex rel. De Lucia v. O'Donovan, D.C., 82 F. Supp. 435, affirmed 7 Cir., 178 F.2d 876, Dr. Killinger, Chairman of the Parole Board, issued a new parole violation warrant on November 22, 1950. Petitioner, on November 24, 1950, filed his Petition for Writ of Habeas Corpus and thereafter first and second amended petitions, which amended petitions added Dr. Killinger and the Parole Board as Respondents. On December 4, 1950, Motion of the Government to Dismiss Dr. Killinger and the Parole Board on jurisdictional grounds was allowed and the present Respondent is the U.S. Marshal. Upon rule to show cause why the writ should not issue, the Marshal filed his answer and amended answer, rule to show cause was allowed, and thereafter, on February 16, 1951, Respondent filed return to the writ which petitioner traversed and respondent filed replication.

Under agreement of the parties and consent of the Court, this matter has been continued from time to time pending the outcome of Compagna v. Hiatt, in the District Court in Atlanta, Georgia, decided September 18, 1951, reported in 100 F. Supp. 74, with subsequent appeal dismissed by the Government.

The parties on May 27, 1952, nunc pro tunc, as of May 16, 1952, stipulated, subject to respondent's objection as to materiality, competency and relevancy, that the Court consider as evidence on behalf of Relator's position the following:

Atlanta Proceeding, June 11-14, 1951.

  Testimony of Dr. Killinger, Chairman of the Board, beginning at.

[ Page 4]

Testimony of Mr. Lasho, Page 201, of transcript.

Testimony of Louis Campagna, Page 201, and Charles Gioe, Page 303.

Testimony of Eugene Bernstein, Page 370.

Letter from Chief Probation Officer Fisher to Parole Executive Urich dated March 8, 1948, at Page 64 of First Supplement to Motion of Campagna and Gioe in the case of Compagna v. Hiatt.

Letter from Dr. Killinger to Fisher dated March 25, 1949, Page 130.

Letter from Fisher to Dr. Killinger dated April 8, 1949, Page 131.

Deposition of Mrs. Cook, Airline Hostess, at Page 132.

Other Evidence

Testimony of Colosimo before the Hoffman Committee, found in Relator's traverse of July 7, 1948 in the first De Lucia proceedings and in this cause, and Thereafter, the ...


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