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ncocn in my opsnton more appropriately Justizec new trial'in tho furtheranco os justice and on newly discovored ovdence. Thla is what I had in mind when I said to tne Court 1 "could I make.a stetomont so'that I don't sasl under false. colors and mlslead snybody togethor and we make out e caee, to which this hoarng is primarly azected,in the couse oe so doing, is evidence is dovoiopod, Legal and competent ovidence. which faiis within tho zeaim O newly dscovered evcence and certanly.most Of ths is newlydiscovered and tnat avdence buttresses the aiibi claimed snd alludod to on tne trial, wo aro not Eorecloscd srom makng a motion for.a new trial on such gzounds,.using this evidenc The. Court xoplied to me as soliowss nghat. was obvlous whan you were talking about Don't these constituta businese rocords kopt in tho ueuel course.os businass?'. It was guito apparent to no what your posnt wae. ou ca mpke any point you wish, os, couxse. the defendent Randaccio with the.conspiracses charged in tho Andictment was tho testimory bz cho dasendant Calabreso who. said that he met with tho dosendants Randoccio, cano and.. Natarelli at tno'none oz tho iaat namsd onthe ovenang os Rebruary 5.. l96s. :As tne Court of Appeolo put it, "calabsose'0 testimony indicated.that Randaccio asrved at Natarellls priox to about830 or900 P M.3c develcped upon tne trsal that the home os a Exiend oe the dssendant Randaccio wag undes elcctronic survestlancb and chat he.wae noand to antor upon such Erlond's .premsses ot 7:5o.tn ths ovoning. It wae arguod oy thg Covernnont that the desendast nignt have left theee pzonisos asto his errival without those nonltoriny tho eavesdropping devtco hearing hin do co. It is submitted chat the ovidanca dovolcpo Lunbexs in perenthesin chroughout the aseldavit rceer to stenogrephic mlnutes os hosring neld on August 27 cxd August 28 1969