United States v. Orsini, 75 CR 492.
Decision Date | 24 October 1975 |
Docket Number | No. 75 CR 492.,75 CR 492. |
Citation | 402 F. Supp. 1218 |
Parties | UNITED STATES of America v. Dominique ORSINI et al., Defendants. |
Court | U.S. District Court — Eastern District of New York |
David G. Trager, U. S. Atty., by David A. DePetris, Asst. U. S. Atty., Brooklyn, N. Y., for plaintiff.
Murray Cutler, Brooklyn, N. Y., for defendant Orsini.
DECISION AND ORDER
This matter comes before the Court on the motion of the defendant Dominique Orsini, by his attorney Murray Cutler, Esq., to dismiss the indictment filed against the defendant "in the interest of justice." The Defendant alleges , and continuously tortured, kicked and beat him. That he suffered a severe wound of the hand and was denied proper medical attention by the American Agents. That the American Agents used "drugs to reduce his resistance and in an act of illegality kidnapped the defendant and transported him to the United States."
The defendant has requested a hearing to determine the validity of these allegations.
In U. S. v. Rafael Lira, 515 F.2d 68, decided by the United States Court of Appeals for the Second Circuit on April 14, 1975, the Court enunciated the controlling principles of law to be applied in a case such as we now have before us.
There the Court stated at p. 70 of 515 F.2d:
To continue reading
Request your trial-
U.S. v. Awadallah
...was required to hold an evidentiary hearing when defendant's allegations, if proven, would result in dismissal); United States v. Orsini, 402 F.Supp. 1218, 1219 (E.D.N.Y.1975) (holding that an evidentiary hearing was required because allegations of due process violations, if substantiated, ......
-
Abu Ali v. Ashcroft
...Toscanino with regard to the alleged United States involvement in abduction of defendant by foreign officials); United States v. Orsini, 402 F.Supp. 1218 (E.D.N.Y.1975) (holding hearing under Toscanino to consider defendant's sworn affidavit "setting forth ... allegations of acts of torture......
-
United States v. Orsini
...of "torture, brutality, and inhumanity committed against him by or at the direction of American agents". United States v. Orsini, et al., 402 F.Supp. 1218 at 1219 (E.D.N.Y. 1975). As indicated in this Court's order of October 24, 1975, such allegations, if substantiated, would require the d......
-
US v. Yousef, S12 93 Cr. 180 (KTD).
...allegations of torture in a foreign country with regard to a motion to dismiss an indictment, the district court in United States v. Orsini, 402 F.Supp. 1218 (E.D.N.Y.1975), stated that a hearing was appropriate in that case since the defendant's sworn affidavit specifically alleged that Un......