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due process claims, he would conduct a hearing between the government's case and the deféndants' case and then decide the questions raised. Four days before the Myers case was to go to trial, however, Judge Mishler recused ‘himself and these cases were reassigned to the undersigned. Just before the trial began the "due process" arguments-were again advanced by defendants who reasserted their desire for a pretrial hearing. By that time, Judge Fullam in the Jannotti case in Philadelphia had conducted many days of pretrial "due process" hearings but had been ‘unable to resolve the questions presented, which he finally reserved for post-trial determination. Under those circum- stances, this court ruled that the due process hearing _ would be deferred until the jury in the Myers case retired _to deliberate, and then any additional testimony that was required could be heard before the court sitting without. . a jury. As. matters developed, defense counsel in Myers - argued persuasively that this court's modified plan was _ impractical; as a result, the "due process" claims of the convicted defendants in the Myers, Lederer, and Thompson cases were heard simultaneously in January and February of 1981, at a consolidated hearing held shortly after the jury had found Lederer guilty. 23