Evening star., 1951-03-03
Court Orders | ono to Answer
Jury's Questions on Gambling
State Statute Cited
As Requiring
Such Compliance

Sam Lano, who used to dis
tribute pinball machines in Arling-
ton and Prince Georges Counties,
must answer any questions that
may be asked about gambling ac-
tivities when he resumes testi-
mony before an Arlington grand
jury on Monday.
This ruling yesterday by Arling-
ton Circuit Judge William D. Med
ley on Lano's obligation to testify
gave the first substantial evidence
that the current Arlington grand
jury session has turned into full
scale investigation of gaming ac-
tivities in the county.
I. Lano appeared voluntarily be-
fore the grand jurors and was
quizzed for two hours before the
jurymen reported that he refused
to answer question.
This touched off an unexpected
courtroom scene, in which Lano's
attorneys said their telephone
wires had been tapped, Common
wealth's Attorney Denman T.
Rucker asked to have Lano placed
under $1,000 bond to guarantee
his temperance before the grand
jury and the jurors disclosed Lano
had been asked about an alleged
threat to Mr.. Rucker.
Judge Medley asked the jury
foreman. Charles Sher, on what
grounds Lano refused to answer a
question.
mo grounds" replied Mr.. Sher.
Rucker Cites Code.
The judge said he believed the
witness was entitled to refuse an
answer, if it might incriminate
him.
Mr. Rucker leaped to his feet
and cited a section of the Virginia
Code requiring witnesses to an
swer questions connected with
gaming activities. The same Sec
ton also guarantees witnesses
immunity from any prosecution in
connection with their answers.
"And that section also applies
to conspiracy to violate the gam
ing laws" added Mr.. Rucker.
The commemorative attorney
told the court he believed the
grand jury should tell what the
question was so the judge could
decide if it pertained to gambling.
Until that time, Lano's attor-
neys, Alfred w. Trueax and Will
liam D. Nemeth had not been in
the courtroom.
"It comes to my attention that
the telephone wires in my law
office have been tapped" an
nounced Mr.. Trueax as he walked
into the court.
Asked About Message.
The court took no official notice
of his statement at that time and
again turned to the grand jury
concerning the question that Lano
refused to answer.
"We asked him was not mes
sage sent to Mr.. Rucker to lay off
or several people were going to
get hurt" said the jury foreman.
Does that have to do with gam
bling?" asked Judge Medley.
''It does somewhat, but not di-
rectly," replied Mr.. Sher.
Judge Medley then announced
that Lano was required by the
statute to answer the question, if
it pertained to gambling, and said
the statute also guaranteed him
immunity.
Judge Medley agreed to release
Lano in Mr.. Trueax's custody
without bond.
"I'll be here" Lano assured the
judge.
Mr.. Trueax then brought up
overlapping again.
After talking privately with Mr..
Rucker, however, Mr.. Trueax said
he was convinced the common
wealth's attorney knows nothing
of the wires being tapped. He
said he still believed they had
been tapped, however.
AS result of the pinball raid
on November 20 Lano was con-
victed of permitting operation of
illegal free-play machines and
was fined $100 in Arlington Coun-
ty Court. The court ordered
$1,000 worth of the machines
seized in the raid >confiscated.
Lano's attorneys have appealed
the case.