United States ex rel. De Lucia v. O'Donovan, 82 F. Supp. 435 (N.D. Ill. 1948)

District Court for the Northern District of Illinois, decided 10 November 1948, Judge Igoe, docket 48C867.

The opinion recites that “On June 16, 1948, Louis Campagna, Paul De Lucia, Phil D’Andrea and Charles Gioe filed their petition in this court for the writ of habeas corpus.” It summarizes their allegation that, after they were convicted under the Anti-Racketeering Act “by extorting money from certain motion picture producers” and paroled after serving one third of their sentences, “a committee of Congress has conducted an investigation in an attempt to show that the paroles were brought about by corruption and undue influence and should not have been granted,” and that the committee sought to compel the Parole Board to revoke the paroles. “A five volume copy of the transcript of the Congressional Committee hearings was filed with the petition.” That transcript has not been found online.

On June 15, 1948, Parole Board member Fred D. Rogers issued a warrant that “recites the judgment of conviction in New York and the release of De Lucia on parole on August 13, 1947,” and “On June 16, 1948, the United States Marshal of this District executed the parole warrant by taking De Lucia into custody.” De Lucia’s traverse alleged that Rogers had testified before the committee on June 7, 1948 “that the parole board had not received any reports of parole violation by De Lucia.”

The court held that a warrant cannot lawfully issue “in the absence of any information,” which would be “arbitrary and capricious and not warranted by law,” and ordered “that respondent’s demurrer be and is hereby overruled.” The government stood on its demurrer and De Lucia was discharged; the Seventh Circuit affirmed in 178 F.2d 876.