Evening star., 1949-06-07
Fay Studies Next Step
In Gaming Cases After
Judqe Voids Warrants

Ine UnlCeQ STATES AItOTney
Office today deliberated whether to
go ahead with the prosecution OF
one of a large group indicted on
gambling charges in the face OF
a District Court decision throwing
out the search and arrest warrants
in the case.
District Court Judge Henry E.
Schweinhaut late yesterday held
the search and arrest warrants in
the case of Frederick Whiteoak
were issued "too long" after the
incident mentioned in the affidavit
on which the warrants were based.
At the same time, Judge
Schweinhaut ruled invalid the
warrant to search the Fourteenth
street apartment of @Attilio Aca-
lotti. anotherSof the 80 men in
dicted, by the special gambling
grand Jury. He agreed. however.
that the Government had the right
to- arrest Acalotti at the Twelfth
street apartment of Nola Andrews.
Trial Scheduled for June 20.
Meanwhile, a June 20 trial date
was set today for both Acalotti
and Whiteoak, since the judges
disposition of pending motions has
cleared the way for their trial,
if both go to trial.
At the same time, District Court
Assignment Commissioner Richard
L. Collins set tomorrow for the
trial of Henry e. Fish: June 20 for
trial of Umberto A. D'Ambrosio
and June a for the trial of Harry
Kopel, proprietor of Hammels
restaurant, and Walter Danny"
Plummer. All these men were
indicted by the special grand jury.
The effect Of the judges ruling
in the Acalotti and Whiteoak
cases, according to both defense
and Government counsel. is this:
ANY evidence or knowledge
gained as result Of searching
the Whiteoak home in the 1900
block of Oates street NE. cannot
be brought into court.
Fay to Deliberate Action.
Any evidence or knowledge
gained by searching Acalotti's
own apartment is likewise barred.
but the Government can use what
evidence it accumulated against
Acalotti at Mrs. Andrews apart
ment-if it can tie the evidence
positively to Acalotti.
United States Attorney George
Morris Fay planned to go over
the evidence In the Whiteoak
case with his assistant. William
Hitz to determine which Of these
three courses should be followed
on the basis of the judges ruling:
l. If the Government can prove
the judges ruling actually ended
its case the Government might
appeal.
2. If there is other evidence In
the case outside of that cleaned
in the course Of the search and
arrest. the Government could de-
eide to go ahead and try the case.
3. If the Government finds 1t
has no other evidence, but the
judges ruling does not technically
end the case. 1t can move to dis
miss the case. II that Is the
choice. it is likely to be announced
the day the case comes UP for
trial.
Based on Girls AfIidavit.
The warrants in the Whiteoak
case were based on an afadavit
from Bernice Franklin. ex-giri
friend of Acalotti. that Whiteoak
committed a gambling offense last
September.
Tbs Judge ruled:
'The motion to suppress evil
dence In the Whiteoak case is
sustained. The search warrant
was issued too long after the In
cident mentioned in the afiidavit
upon which 1t was based. In my
opinion, the only basis for the
arrest warrant was the same am
davit, and for the same reason It.
too. Is quashed.
An affidavit from Mrs. Franklin
also was the basis Of the Acalotti
warrants. Mrs. Franklin stated
Acalotti moved his base OF gam
bling operations from his apart
ment to Mrs. Andrews apartment.
He was arrested at Mrs. Andrews
apartment and then taken to his
own apartment on Fourteenth
street for a search there.
In the Acalotti case, the Judge
held:
81 think the warrant for the
search ct the Fourteenth street