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ree eal e RE; JOHN ROSELLI Aggravating or Mitigating Circumstances: Convict, born in Italy, was brought to the United States by his mother when he was six years old. He never acquired United States citizenship either by derivation or naturalization. In 1922, convict, under name PHILIP SACCO, was arrested in Boston, Massachusetts on a charge of selling heroin and in 1923, also in Boston, on a charge of larceny. He was released on bond in both cases. In 1923, prior to trial of either case, he fled from Boston and came to Los Angeles, California, where he assumed the name JOHN ROSSELLI. In 1936, he had forged documents entered and faise entries made in the birth records of the City of Chicago, Illinois to reflect that he, as JOHN ROSSELLI, was born in that city. Through the period from 1924 to 1967, convict madeevery effort to hide his true identity, his family and background and his alien status. Convict did not admit until after the return of the jury's verdict that he was, in fact, FILIPPO SACCO, Several witnesses who could have furnished information that JOHN ROSSELLI was FILIPPO SACCO refused to testify at his trial because of fear of severe reprisal by the convict. Consequently, the Government was forced to rely on circumstantial evidence to prove convict's identity and had to cail many witnesses from various cities throughout the United States. Subsequent to convict's conviction, information was received that convict, with others, had conspired and had obtained, through the payment of money, transcripts of the secret testimony of witnesses who had appeared before the Federal Grand Jury which returned the indictment and had these transcripts at the time of the trial. During the trial, convict's attorney requested that the transcripts of the testimony of witnesses before the Grand Jury be furnished to the defense but the triai judge denied the request. On December 2, 1968, convict was convicted in U. S. District Court, Central District of California, Los Angeles, California, on six counts of Conspiracy, Interstate Transportation -2-