We further find that the questions of the U.S. Attorney were material to a matter properly under investigation by the grand jury, the disposition of moneys received by defendant under "color of office" as disclosed in his prior Hobbs Act conviction.
And now this 13th day of August, 1975, in accordance with the foregoing opinion, Defendant's Motion to Dismiss the Indictment is denied.
ORDER OF TRANSFER UNDER F.R.Crim.Proc. 21(a)
Defendant has moved for a change of venue on his present indictment for perjury because pre-trial publicity creates so great a prejudice against him that he cannot obtain a fair and impartial trial in this District. Defendant is a former member of the Senate of Pennsylvania from Pittsburgh whose prior trial under the Hobbs Act for extortion under color of office received state-wide publicity. The statewide publicity continued after his conviction over attempts to remove him from his seat in the state senate, and his final expulsion from the senate. This publicity has not subsided, being repeatedly fueled by accounts of related trials of other legislators or former legislators recently held.
That the publicity extends through all Pennsylvania is evident from the large file of newspaper accounts presented by Defendant's counsel. Defendant still remains a target of adverse editorial comment to the present.
We conclude that the only effective transfer must be to a District Court in a state outside Pennsylvania, and, in this Judicial Circuit, the District of Delaware appears in the view of the Court and by the acquiescence of counsel to be the District least affected by internal affairs in Pennsylvania.
And now this 13th day of August, 1975, upon motion of Defendant and in accordance with Federal Rule of Criminal Procedure 21(a), the within proceeding is hereby ordered transferred to the United States District Court for the District of Delaware.
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