Evening star., 1952-03-12
Prosecution 10 Push
New Contempt Cases;
Fisehetti Acquitted
By Howard [. Dutkin

Assistant United States Attor-
ney Charles B. Murray today was
going ahead with plans for the
prosecution Of two more con-
tempt Of Congress cases, despite
yesterdays acquittal of Rocco
Fischetti, Chicago underworld A.
gure. on identical charges.
Fischetti was the third to be ac-
Quilted, among three persons
charged so far with contempt for
refusing to answer questions put
by the Kefauver Crime Investi-
eating Committee.
The others found by District
Court to have been within their
Constitutional rights in maintain
ing silence were Harry Russell,
Miami gambling figure, and ia
cob Guzik. Chicago racket king
pin
Similar Pattern of Defense.
The pattern of their successful
defense was similar in all three
cases. In each, the court agreed
that. considering the background
Of the men and the circumstances
under which the questions were
posed, each could justly assert
that the questions, no matter how
seemingly harmless. might tend
to be incriminatory if answered.
Facing trial currently are George
L. Bowers. Florida gambling fig
ure, scheduled to be tried in Dis
trict Court next Monday, and Will
liam G. O'Brien, Chicago and
Miami horse race figure, who is
slated to be tried the following
Monday.
These cases differ somewhat
from the others, according to
Prosecutor Murray. Bowers, he
said, had specified he was fearful
OF State, rather than Federal
prosecution, in giving his reasons
for refusal to answer. The Con-
stitutional safeguard against self
1ncrimination applies only to pos
sible Federal prosecution.
O'Brien, Mr.. Murray declared,
simply refused to answer certain
questions without, in all instances,
reciting the Constitutional ground
for his refusal. This, Mr.. Murray
believes has the effect of removing
the protection offered by the Con-
stitution.
Acquitted on Motion.
District Judge Edward A.
Tamm's acquittal of Fischetti yes
terday was upon a motion made
by Defense Attorney Charles E.
Ford.
In granting the motion, Judge
Tamm's reasons were virtually
Identical with those he gave in
acquitting Guzik several weeks
ago.
He recited the possibility of an
answer to a seemingly innocent
question might prove to be "a
link in a chain of evidence" to be
woven around the witness for pur-
poses of prosecution. 1hs1
In discussing whether Fischetti
had just grounds to fear self In
elimination, Judge Tamm pointed
out that the committee had linked
the defendant to criminal activi-
ties and concluded that, under
the circumstances. the defendant
had every reason to be apprehen-
sive as to what his answers might
entail. ="
Fischetti had been indicted
specifically for refusal to an
swer questions as to whether he
was married, whether he had a
brother. Charlie. whether he
was in business, whether he had
any children and whether he
intended to refuse to answer all
questions)
Judge Tamm wound up by re-
marking that, while the privilege
(self determination safeguard) is
subject to misuse, it is firmly
imbedded in our Constitution as
protection to individuals from
iniquitous prosecution"
Fischetti's income tax returns,
offered in evidence. showed an al
legged income Of $31 200 in 1916
and $4,000 in 1947. both from
the vernon Country Club" of
naarAald III