United States v. Kremen, Clv. No. 7691-7695.

• Decision Date: 14 September 1953
• Docket Number: Clv. No. 7691-7695.
• Parties: UNITED STATES v. KREMEN. UNITED STATES v. STEINBERG. UNITED STATES v. CONROY. UNITED STATES v. RASI. UNITED STATES v. COLEMAN.
• Court: U.S. District Court — Northern District of California

114 F. Supp. 899

UNITED STATES v. KREMEN.

UNITED STATES v. STEINBERG.

UNITED STATES v. CONROY.

UNITED STATES v. RASI.

UNITED STATES v. COLEMAN.

Clv. Nos. 7691-7695.

United States District Court N. D. California, S. D.

September 14, 1953.

Lloyd H. Burke, U. S. Atty. Northern District of California, San Francisco, Cal., for plaintiff.

Richard Gladstein, San Francisco, Cal., Gladstein, Andersen & Leonard, San Francisco, Cal., for defendants.

OLIVER J. CARTER, District Judge.

Motions for reduction of bail fixed by United States Commissioners¹ have been made by each of the five defendants charged with a violation of the same statute in complaints filed with the respective Commissioners. The bail fixed in each case by the Commissioners is $35,000. In addition the defendant Steinberg moves to reduce bail fixed in the sum of $100,000 by the Commissioner on removal proceedings based on a pending indictment returned in the Southern District of New York charging him with conspiring to violate the Smith Act.² All of the defendants except Steinberg are charged with a violation of 18 U.S.C. § 3³ in that each one of them, "knowing that an offense, to wit, a violation of Title 18 U.S.Code, Section 10, 1946 Edition, and Title 18 U.S.Code, Section 2385, 1948 Edition, had been committed by George Robert Thompson and Sidney Steinberg on or before June 20, 1951, did receive, relieve, comfort, and assist the said offender in order to hinder and prevent his apprehension, trial and punishment." Steinberg was charged with committing the same offense with respect to Thompson.

It is conceded that the George Robert Thompson mentioned in the complaints here is the Robert G. Thompson who was a defendant in the widely publicized case of United States v. Dennis, wherein eleven persons alleged to be communists were charged, tried and convicted of a conspiracy in violation of the Smith Act in the Southern District of New York. After sentence and pending appeal the defendant Thompson was at large on bail of $20,000. The judgment of conviction was affirmed. 2 Cir., 183 F.2d 201, Id., 341 U.S. 494, 71 S.Ct. 857, 95 L.Ed. 1137. It is further conceded that before June 20, 1951, after affirmance and while on bail Thompson took flight and was not apprehended until August 27, 1953, the time of arrest of these defendants, at which time all of these defendants, except Conroy, were in the presence of and with Thompson.

In support of their respective motions each of the defendants has filed an affidavit⁴ setting forth the facts upon which reduction of bail is sought. They all have facts in common in that they were arrested and taken into custody on August 27, 1953, by agents of the Federal Bureau of Investigation in the County of Tuolumne, State of California, with the exception of Conroy, who was arrested and taken into custody in the County of San Joaquin, State of California; bail was fixed in the sum of $35,000 for all defendants; all are now in the custody of the United States Marshal at San Francisco and are unable to furnish bail in the sum fixed; all contend that the bail fixed is excessive, in violation of the Eighth Amendment to the Constitution of the United States, and amounts to a denial of bail in violation of the Eighth and Fifth Amendments to the Constitution of the United States; all state that he or she intends in good faith to remain within the jurisdiction of this Court at all times required by this Court and will at all times make himself or herself amenable to the orders of this Court; none has any intention of fleeing from the jurisdiction of this Court; and all believe themselves to be not guilty of the offense charged.

Each defendant has also stated further facts concerning his or her personal background, financial condition and family status. Shirley Keith Kremen, charged as Mrs. Shirley Keith Kremen, also known as Mrs. Lee Kaplan, states:

"A. I am a native born citizen of the United States, born December 29, 1931, in Chicago, Illinois. I have lived all my life in the United States.

"B. I am married to Erwin Kremen. We have no children. I was married April 20, 1951.

"C. My husband has been a factory worker and has earned in the neighborhood of $50 a week. I have worked as a factory worker in paper box factories particularly for about two years in 1951-1952, at which time I earned about $35 a week.

"D. I went to public school in Chicago and finished high school in Los Angeles County, and had one year at Los Angeles City College.

"E. My parents are living and have been residing in Los Angeles since April, 1944.

"F. My husband and I have no real estate, and the joint assets of both of us, together with such money as we could raise from sale or other disposition of personal belongings, would come to not more than $100 or $200.

"G. I have never before been arrested or charged with any crime or convicted thereof.

"H. I suffer from a physical condition for which in June or July, 1953, I consulted Dr. Garetz in San Jose, California. He advised me that I have an ovarian cyst and that it is in need of operative surgery."

Sidney Steinberg, charged as Sidney Steinberg, states:

"A. I was born on September 16, 1914, in Lithuania, and came to the United States on April 1, 1930. I became a citizen of the United States by naturalization in New York City in the year 1937.

"B. After arriving in the United States, I lived two years at Wooster, Massachusetts. Then for about ten years I lived in New York, for seven years in New Jersey, and thereafter in New York City. New York City has been my legal residence for the past five years or more.

"C. I am married and have two children, aged 7 and 13 years respectively, and they constitute my family, living at my legal residence in New York City.

"D. Both of my parents are living, and have for many years resided in Wooster, Massachusetts.

"E. I am possessed of no real estate, and the joint assets of my wife and myself, together with such money as we could raise from sale or other disposition of personal belongings, would come to not more than $1,000.

"F. Since 1913 I have worked at odd jobs. From 1931 to 1941 I worked as a meat cutter in New York, earning varying amounts not exceeding $60 per week. In 1941 I began to engage in political work, exercising administrative and executive duties.

"G. I was once arrested in 1931 in Lawrence, Massachusetts, during the course of a strike. I do not recall the details. My recollection is that I was convicted of a misdemeanor, the exact nature of which I do not recall, except that it had to do with union activities. I served several days in jail. When the strike was over, I was released. There have been a few occasions when I have paid minor traffic fines. Outside of the foregoing, I have no police record and have never been otherwise arrested, charged, or convicted of crime.

"H. Since childhood I have had and still have a heart condition, which from time to time has required, and has received, medical attention.

"I. My earnings have always been of an average character comparable to the averge earnings of a working-man, and have never exceeded $55 to $60 per week for the past five years."

Steinberg's statement in paragraph G to the effect that he has never been otherwise arrested, charged or convicted of crime is erroneous and inaccurate to the extent that he has been charged with a crime, to wit, a violation of the Smith Act, by an indictment returned against him in the Southern District of New York on June 20, 1951, and a warrant for his arrest, issued on the indictment, has been outstanding since June 20, 1951.

Janet Conroy, charged as Janet Conroy, states:

"A. I was born in Fort Smith, Northwest Territory, Canada, on September 12, 1911, and came to the United States as a child, and in 1940 or 1941 I became a citizen of the United States.

"B. I am married and have two children, one child who is grown and married and another who lives at home.

"C. For more than five years last past, and until a few months ago, I lived in Denver, Colorado, where I was gainfully employed from time to time. I depended upon my husband for support. He is a construction and factory worker and earns an average income of about $45 to $50 per week.

"D. Neither my husband nor I is possessed of any real estate, and the joint assets of both of us, together with such money as we could raise from sale or other disposition of personal belongings, would come to not more than $200 or $300.

"E. I have never been convicted of any crime, but I was arrested and charged with contempt of court, and this matter was taken to the United States Supreme Court, and it was there held that I was not guilty of contempt of court.

"F. For some years I have had an ovarian cyst condition; one ovary was removed sometime ago. Over the past few years I have had occasion to consult doctors and receive treatment, hormones and surgery. I was advised a few months ago that there is a possibility of needing further surgery and that there is the possibility of a cancerous condition. I was told that medical attention and treatment would be advisable.

"G. At the time I was arrested, and for about two months before that, I had been working at San Jose as a typist and dictaphone operator, and was earning approximately $50 per week."

The statement made in paragraph E requires amplification since her counsel has stated in open court, and the government has not denied, that the defendant here charged under the name, Janet Conroy, is the same person who was the subject of contempt proceedings before the United States District Court for the District of Colorado under the name of Patricia Blau. See Blau v. United States, 10 Cir., 180 F.2d 103, Id., 340 U.S. 159, 71 S.Ct. 223, 95 L.Ed. 110. Her counsel further states, and it is undenied, that bail was there fixed in the sum of $2,500, and she at all times responded to the orders of the court.

Carl Edwin Ross, charged as Carl Rasi, also known as ...