Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

IN RE HEISIG

November 9, 1959

IN THE MATTER OF CRIMINAL PROCEEDINGS AGAINST THEODORE J. HEISIG AND EDWARD A. CASS (CRIMINAL ACTION NO. 59-2322). IN THE MATTER OF CRIMINAL PROCEEDINGS AGAINST JOHN JOSEPH GENARELLA (CRIMINAL ACTION NO. 59-2322).


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

Before the court are two petitions for removal. Both petitions relate to contempt proceedings against each of the petitioners, therein named, based on certain testimony given by each of them in the Criminal Court of Cook County, Illinois, in a certain case entitled, "People of the State of Illinois v. William A. Taylor and Otis Peek, Jr.," numbered therein Criminal Action No. 59-2322. (That case will hereinafter be referred to as the "Taylor case".) Both petitions for removal to this court are founded on Section 1442(a), Title 28 of the United States Code.

Case No. 59 C 1515

In Case No. 59 C 1515 in this court, the petitioners are Theodore J. Heisig and Edward A. Cass and their petition for removal reads as follows:

    "1. That on September 16, 1959, the trial of a
  criminal matter entitled People of the State of
  Illinois vs. William A. Taylor and Otis Peek, Jr.,
  was commenced in the Criminal Court of Cook County
  and State of Illinois wherein the aforementioned
  defendants were charged with the sale and possession
  of a certain narcotic drug, to wit, heroin.
    "2. That on September 16 and 17, 1959, your
  petitioners, Theodore J. Heisig and Edward A. Cass,
  were subpoenaed as witnesses and did testify on
  behalf of the People of the State of Illinois in the
  aforesaid criminal matter.
    "3. That at all times mentioned in the aforesaid
  court action your petitioners were officers of the
  United States Government, to wit, United States
  Treasury Enforcement Agents assigned to the Bureau of
  Narcotics, and at the time and place of their
  testimony in the aforesaid action were acting solely
  under the right and color of their office and in
  pursuance of their official duties as such agents.
    "4. That as a result of the testimony given by your
  petitioners in the aforesaid case your petitioners
  were summarily cited for contempt of court on
  September 17, 1959.
    "5. No service of process was at any time made upon
  your petitioners nor have any pleadings been served
  upon your petitioners.
    "6. That the time for your petitioners to remove
  this cause to the United States District Court has
  not yet expired.
    "7. This petition for removal of this cause from
  the Criminal Court of Cook County, Illinois, to the
  United States District Court for the Northern
  District of Illinois, Eastern Division, is founded
  upon Section 1442(a), Title 28, United States Code.
    "8. This petition is accompanied by bond with good
  and sufficient surety that your petitioners, and each
  of them, will pay all costs and disbursements by
  reason of these removal proceedings in the event that
  determination is made that this action is not
  removable or is improperly removed.
    "Wherefore, your peitioners, Theodore J. Heisig and
  Edward A. Cass pray that this action be removed from
  the Criminal Court of Cook County, Illinois, to this
  Court for hearing, trial and determination, as
  provided under Section 1442(a), Title 28, United
  States Code."
  Case No. 59 C 1519

In case No. 59 C 1519 in this court, the petitioner is John Joseph Genarella. His petition, with the exception of paragraph 3 thereof, and some minor changes, is the same as that filed in case No. 59 C 1515. Paragraph 3 of his petition reads as follows:

    "3. That at all times mentioned in the aforesaid
  court action your petitioner was a person acting
  under officers of the United States Government, to
  wit: United States Treasury Enforcement Agents
  assigned to the Bureau of Narcotics, and at the time
  and place of your petitioner's testimony in the
  aforesaid action, your petitioner was a person acting
  under an office (sic) of the United States, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.