Evening star., 1950-01-07
Bi||eci Seeking
Separate Trial
In Gaming Case
Cites 'Notoriety' Of
Earlier Court Bottles
By Lewis, AcoIotti

Frank Billeci. co-defendant fac
ing trial on lottery operation
charges with William "Snags"
Lewis and Attilio Acalotti next
Monday. has moved for a separate
trial.
In a motion filed through At
torney Myron Ehrlich, he sought
severance on claims that "notori-
ETY." given, earlier trials of his
present co-defendants would pref
udice his case, if he were tried
jointly with Lewis and Acalotti.
All three men were arrested last
spring in the course of United
States Attorney George Morris
Fay's burst of effort to wipe out
what he called Washington's
$100,000.000 gambling racket.
Lewis, with 13 other co-defend-
ants, was tried on gambling con-
spiracy charges last November. A
District Court jury failed to agree
on a verdict, however, Acalotti
was convicted last month of in
timidating the prosecutions chief
witness. Bernice Franklin, and
sentenced to serve from eight
months to two years.
Fights Call to Testify.
Earlier yesterday, Miss Franklin
sought to sever her entire relation
with Mr.. Fay's gambling cases.
She moved to quash the latest of
= long series of subpoenas ordering
her to participate in the Lewis
Acalotti-Billeci trial on Monday.
The red-haired witness asked the
court to act on her plea before
the trial gets under way. She con-
tended her repeated appearances
before Mr.. Fay and associates
have made her destitute. since
she can't find regular job.
Mr.. Fay promptly answered this
maneuver with a motion of his
own in which he asked the court
to strike Miss Franklin's motion
on the ground it had mo basis
either in fact or law"
Billeci based his request for
trial severance on sveral points.
He pointed out that the first trial
of his co-defendant, Lewis. "re-
ceived wide notoriety in newspa-
pers and radio" and that evidence
in the trial tended to show" that
Lewis and 13 others were arrested
in a gaming establishment in
Maryland.
There was produced in court
about one-quarter ton of alleged
evidence, composed mainly of al
legged numbers slips, money and
adding machines" the motion as
serted.
ut is expected that the prose-
cution will produce the same evil
dence against Lewis to prove the
case at bar (the Monday trial).
all of which would be highly
prejudicial to the defendant (Bil-
leci),' the motion continued.
Cites Holtzoff's Comments.
Switching to the Acaletti1 in
timidation trial, Attorney Ehrlich
pointed out that Bernice Franklin
is expected to testify against
Lewis, Acalotti and Billeci and to
repeat much of her testimony"
given in the earlier trial. Such
repetition would be prejudicial to
his client, Mr.. Ehrlich contended.
A further "prejudicial" factor
against Billeci was the remark
Judge Alexander Holtzoff directed
at Acalotti in imposing sentence,
according to Mr.. Ehrlich. The
judge described the prisoner as
an "evil influence" and recon-
mended that he be imprisoned in
a place remote from the District
in order that his associates would
be farther from reach.
Another motion filed for Billeci
yesterday asked the court to per-
NIT the defense to examine the
United States attorney on the
mature and extent" of any in
formation secured by the prosecu-
ton in violation of Federal anti
wireta ming replllatiOnS