except the electronic surveillance of June 5 to June 20, 1972, on the telephone of Annie Mitchell and by reason of this Court's finding that a review of the transcript of that surveillance does not disclose any unlawful intrusion upon Mr. Cahalane's rights to be represented by counsel within the full meaning of the constitutional guarantee of the Sixth Amendment, it is the Court's holding that such contention cannot be deemed to be a defense to the present order of contempt that was heretofore entered by this Court on July 26, 1973, and affirmed by the Circuit Court of Appeals for the Third Circuit on September 5, 1973.
FINDINGS OF FACT and CONCLUSIONS OF LAW
Findings of Fact
1. Charles A. Glackin and Louis M. Natali have been legal counsel to Daniel Cahalane since April 15, 1972 and May 1, 1973, respectively, to date.
2. The Government has not engaged in any legal or illegal electronic surveillance of Charles A. Glackin or Louis M. Natali, or on premises owned, leased or licensed by Charles A. Glackin or Louis M. Natali.
3. There have been no overhearings of any conversations at any location to which either Charles A. Glackin or Louis M. Natali was a party.
4. The Government has engaged in legal electronic surveillance pursuant to Title 3 of the Omnibus Crime Control and Safe Streets Act of 1968 on the telephone of Annie J. Mitchell, 2544 Valentine Avenue, Bronx, New York between June 5, 1972 and June 20, 1972, inclusive.
5. There have been no overhearings during the legal electronic surveillance of the phone of Annie J. Mitchell, 2544 Valentine Avenue, Bronx, New York during the period June 5, 1972 to June 20, 1972, inclusive, of any conversations to which Charles A. Glackin, Louis M. Natali or Daniel Cahalane, or either of them was a party; or in respect to which any matter touching upon Daniel Cahalane's right to legal counsel was the subject.
6. If the Court should find that Daniel Cahalane was without just cause to refuse to answer questions before the Federal Grand Jury and the Court on July 26, 1973, he would, if requested again, continue in such refusal.
Conclusions of Law
1. Daniel Cahalane was without just cause to refuse to answer questions before the Federal Grand Jury and the Court on July 26, 1973.
2. An Appeal from the Order entered herewith would be frivolous and taken for delay.
And now, to wit, this 9th day of October, 1973, on the basis of the Court's Findings of Fact and Conclusions of Law filed simultaneously herewith, the Court reaffirms its Order of contempt entered July 26, 1973 on the ground that the contemnor, Daniel Cahalane, was without just cause to refuse to answer questions before the Federal Grand Jury and the Court on July 26, 1973 and he continues to remain in such contempt.