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UNITED STATES v. DREVETZKI

January 28, 1972

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PHILIP ADRIAN DREVETZKI.



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

MEMORANDUM OPINION

Pre-Trial Motions

PHILIP ADRIAN DREVETZKI, is charged in the indictment in this case of violating 18 U.S.C. § 1621, the crime of perjury.

The present case arises out of Defendant's testimony at a previous trial, United States of America v. Philip Adrian Drevetzki, 70 CR 377 where Defendant was charged with unlawfully stealing from an interstate shipment in freight five cartons of work clothing valued in excess of $100.00, in violation of 18 U.S.C. § 659. During the trial the question arose whether the Defendant had made a statement to Special Agent John Chadwick admitting participation in the offense. On January 6, 1971, Defendant testifying under oath admitted that he had had a conversation with Agent Chadwick but denied that he had made any statement admitting involvement in or knowledge of the crime of stealing clothing from the interstate shipment. The agent was called to testify as to the conversation and contradicted Drevetzki's testimony. Drevetzki was subsequently acquitted by the jury of the interstate theft charges.

The Government now comes and claims that Drevetzki's testimony as to the statement to Agent Chadwick was false and now charges him in the present case with perjury.

The Defendant presents a multitude of pre-trial motions.

  1) General Motion of Defendant to Dismiss the
     Indictment;
  2) Motion of Defendant to Dismiss the Indictment on
     Grounds of Double Jeopardy and For Hearing in
     Connection with said Motion;

3) Motion for Additional Discovery and Inspection;

  4) Motion for a List of Persons Who Have Knowledge of
     the Facts Alleged in the Indictment; Motion for
     the Names and Addresses of Potential Witnesses;

5) Motion for Production of Grand Jury Testimony;

  6) Motion to Produce Evidence Favorable to the
     Defendant;

7) Motion to Preserve Evidence; and

  8) Motion Requesting the Court to Order a Pre-Trial
   ...

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