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
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
Letter from Fisher to Dr. Killinger dated April 8, 1949, Page
Deposition of Mrs. Cook, Airline Hostess, at Page 132.
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 ...