# United States ex rel. De Lucia v. O'Donovan, 107 F. Supp. 347 (N.D. Ill. 1952)

Canonical: https://mobfiles.org/items/courtlistener-de-lucia-v-odonovan-107-f-supp-347/

Judge Igoe's ruling of 21 August 1952 on Paul De Lucia's second habeas petition, after a new parole-violator warrant of 22 November 1950. The court found "no substantial or legal evidence to justify the charge of parole violation" and discharged him "as a reinstated parolee."

District Court for the Northern District of Illinois, decided 21 August 1952, Judge Igoe, No. 50 C 1643.

After De Lucia's first discharge, Parole Board chairman Killinger "issued a new parole violation warrant on November 22, 1950." The opinion sets out the charges in the Board's 1948 and 1950 referrals. Among them were failure to reveal the source of the money used to settle his income tax, and "Failure to reveal the identity of two traveling companions on the TWA flight from Kansas City, Missouri, to Chicago, Illinois, August 13th, 1947 when questioned before a Federal Grand Jury." The record before the court included "Testimony of Colosimo before the Hoffman Committee," which ties the House inquiry to Representative Hoffman's committee. Charges touching family members are not repeated here.

The court noted that the Atlanta court had discharged Campagna and Gioe in [100 F. Supp. 74](/items/courtlistener-compagna-v-hiatt-100-f-supp-74/), "with subsequent appeal dismissed by the Government." It found the new warrant "based upon the same charges as contained in the 1948 warrant," and that the charges rested on "inferences and conclusions assumed or felt by the Board to exist." Its conclusion: "there is no substantial or legal evidence to justify the charge of parole violation," and "Relator is discharged, not to complete liberty, but to conditional liberty, in the custody of the Attorney General under supervision of the Board of Paroles, as a reinstated parolee."

The opinion gives the chairman's surname only.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/8733405/united-states-ex-rel-de-lucia-v-odonovan/