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Supreme Court — Part 12
Page 57
57 / 114
*ending those who resort to t’ Ff © Amendment.
These defenders of the decision in the Jencks case deny
that it would affect the F.B.12. in ite investigations. It is
significant that their denials have been disproved so soon after
the court's revolutionary detision, The results of the reversal in
the Jencks case are alarming and these cases which follow tell thei.
own story.
Six government cases have been discontinued and others
dismissed by lower court judges who have interpreted the Jencks cas
in favor of the defendants.
Case #1. - In a bank embezzlement case, a United States
attorney on his own motion asked the judge to dismiss the case
|
eT
rather than to turn over his investigation to the defense.
Case ¥2. - A government attorney appealed the order of a
District Court judge, to turn over, four days in advance of trial,
“any and all oral and written statementa of witnesses, physical
objects or exhibits" in & prosecution involving a foreign agent's
registration case.
Case #3. ~ A Now Orleans case involving interstate trans-
portation of stolen goods in which the judge ordered all F.B.I. re-
porta turned over to the defense.
Case #4. - A Kentucky case in which the judge ordered an
F.B.1. agent to turn over in advance of trial of a fraud indictment
under the Feceraol Housing Administration Act, all information on
prospective government witnesses. When the government witness
refused to somply with the court‘s order on instructions from the
Attorney General of the United States, he was fined $1,000 for con-
tempt of court. This same judge, who ruled similarly in another
ease, also ruled the same way in a case involving interstate
transportation of a stolen car.
Case #5. - In a New Orleans case involving kidnapping in
stolen car
8 list of its witnesses unknown to the defense, and 311 F.B.1. and
all other reports within thirty days.
Case #6. - In a Seattle case involving four defendants
indicted for conspiracy, bribery and fraud against the government
in an alleged payoff to Navy Procurement officers, the judge ruled.
Defore the trial Started, that the defenses was entitied to «
“relevant" F.B.1. reports and other government material. The
U. 85. Attorney refused. The judge dismissed the case.
Case #7. - In ancther Seattle case, the defendant who
~-10.
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