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frank-randaccio — Part 07
Page 18
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A motion for a new trial on grounds of newly discovered
evidence must meet the following requirements:.
(1) it must appear from motion that evidence relied.
on is, in fact, "newly discovered evidence", that
is, discovered after trial;
(2) motion must allege facts from which the Court may
infer diligence on part of movant;
(3) evidence relied on must not be merely cumlative
or impeaching;
(4) must be material to issue involved; and.
(5) must be such as, on new trial, will probably.
produce acquittal.
Pitt v. United States (C.A. Alaska l959), 263 F. 2d 808, cert.
denied, 79 S. Ct. l438, 360 U.S. 919, 3 L. Ed. 2d 1535, reh. denied,
8O S. Ct. 48, 36l U.S. 857, 4 L. Ed. 2d 97; United States v. On Lee (C.A. N.Y..
1953), 201 F. 2d 722, cert. denied, 73 S. Ct. 798, 345 U.S. 936, 97 L. Ed.
1364.
It is clear that the information relied upon by counsel.for
FREDERIco G. RANDAccIO does not meet the requirements of "newly discovered.
for February 5 and 6, l965, as well as the rest of February l965, were.
Counsel
had the opportunity to examine Mr. Wambold and Mr. Walsh under oath on
November 9, 1967. At that time, counsel for FREDERIco G. RANDAccIO developed
the same information fnom Mr. Wambold and Mr. Walsh as was developed in the
hearing of August 27 and 28, 1969. Also, counsel for FREDERIc0 G. RANDACCIO
in his papers emphasizes that the electronic surveillance logs from Darlene.
Grann's apartment from 196l to 1965 established a pattern of conduct on the.
part of FREDERICo G. RANDACCIO as to the time of his usual arrival and.
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