◆ SpookStack

The government and the defendant, Frederico. Randacoio stipulate that on Tebruary 5, 1965, a witness, who is not being called to testify, was in a.position to overhear, but not see, certain activities in an apartment in the City of Buffalo. That apartment, occupied by a person who is not a defendant in this case, is located approximately nine-tenths of a milg fron 60 Manchester Place /Natarelli's address/. At 7:50 P.M. on that evening, Frederico Randaccio was heard arriving at the apartment and talking to the occupant of that apartment. The TV, which had been turned on, was. then turned up louder. Continuous loud TV ensued for the balance of the evening, during which no other sound, movement or conversation was heard indicating whether Frederico Randaccio remained or left the premises. commenting on the alibi defense supposedly raised by the February 5, 1965, log stated: . The alibi offered was far from compelling.. Calabrese's testimony indicated that Randaccio arrived at Natarelli's place at about 8:30 or 9:00p.m. There is nothing in Calabrese's story. which is inconsistent with Randaccio's being nine- tenths of a mile away at 7:50. (United States v.. Caci, (2nd Cir. 1968), 40l F. 2d 664, 670). On March 24, 1969, the Supreme Court of the United States in the Giordano case remanded this case for further proceedings. The question RANDAccIo grew out 'of his illegally overheard conversations or conversations occurring on his premisss. Counsel for the Defendant, FREDERIco G. RANDACCIO, in the hearing which was held on August 27 and 28, l969, and in his motion papers sworn to on October 3, l969, indicated that in his opinion the evidence developed at the hearing, both oral and documentary, more appro- priately justifies a new trial on newly discovered evidence, and not as the result of any of the evidence being "tainted" as a result of illegal. electronic. eavesdropping. Therefore, it is the Government's position that the question RANDaccIo grew out of.his illegally overheard conversations or conver sations occurring on his premises.