Jerry P. Shinley Archive:From: email@example.com
Dean Andrews Breaks up Judge for Marcello
Subject: Dean Andrews Breaks up Judge for Marcello
Date: 13 Dec 1999 00:00:00 GMT
New Orleans Times-Picayune September 4, 1970 S1-P1
Judge Delays Start of Marcello's Term
Regular Panel Must Act on Stay Request
[Material on Carlos Marcello's assault conviction omitted]
[A]ttorneys representing Marcello reached an agreement in Federal District Judge Lansing L. Mitchell's court through which Marcello is to appear Tuesday [8th] at 9:30 a.m. before the special [Louisiana state] legislative committee investigating allegations of organized crime in Louisiana [which was created in reaction to an April 10, 1970 _Life_ magazine article written by David Chandler.]
The agreement through which Marcello is to comply with the subpoena was reached after Judge Mitchell heard arguments for over an hour Thursday [3rd] morning.
After a lunch break, Dean Andrews and Michael Barry, representing Marcello, and Gordon Kean and John V. Parker, representing the committee, met in Judge Mitchell's office.
Judge Mitchell announced after the meeting that he was dissolving the temporary restraining order and amending Marcello's subpoena so that it calls for his appearance Tuesday.
At hearing before Judge Mitchell, Andrews told the court that Marcello was willing to appear before the committee in executive session.
He explained that by executive session, he did not mean that the news media should be excluded, but only television cameras and live radio equipment.
In the typical Andrews manner, he told the court that the committee "has filed a bunch of funkey-knuckle." He said that it was not necessary to get Marcello to appear.
"We have no objection to Marcello's standing, sitting or doing anything else before the committee. All we want is to get those TV cameras and live radio equipment out of there and allow only the regular press to sit in on the meeting," Andrews said.
Andrews claimed that his client is not trying to dodge the subpoena but called the committee's objection to a private session "a lack of discretion."
He added, "This man is still a human being. He's not completely devoid of feelings."
The attorney said, "We've spelled it out like alphabet soup," but called the efforts of the committee "an exercise in futility," because Marcello will only give them his name and address.
He claimed that the committee wants Marcello only for publicity purposes.
Addressing himself to the subpoena calling for tax records, Andrews said, "What do you expect his tax records to show? That he bribed Joe Blow for $10,000? I can tell you that kind of stuff is not there."
Andrews said that an appearance by Marcello before the committee would produce "nothing but more mileage for the news media" and in the interest of justice the hearing should be in executive session.
Asked by Judge Mitchell about freedom of the press, Andrews replied: "Freedom of the press, ho, ho, ho! The news is rigged. News editors are going to get whatever they can out of this. The press uses all kinds of dipsy-doodle devices to cover Marcello."
At one point during his presentation, the hip-talking attorney caused Judge Mitchell to lose his composure and the judge said, "This is the first time any lawyer has broken me up."
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