the Tuesday or Wednesday during the last week of the Gross trial, he and Deputy Marshal Cicchino assured the two jurors that Nelson Gross would not receive a jail sentence if found guilty as charged. (T. pp. 182-85).
Once again, this Court is faced with the task of determining whether this grave misconduct actually occurred; and once again Mr. Stacey is impeached through his own words and actions. This Court is of the opinion that no intimacies could have occurred in the courthouse corridor without the Court's attention being directed to this misconduct. The hallway in question is effectively a public corridor, in continual use by judges, jurors, clerks, attorneys and maintenance personnel.
It is therefore inconceivable that any private meetings took place in this hallway, much less have occurred in the manner depicted by Mr. Stacey.
This Court is further of the opinion that no courthouse meetings ever occurred. Mr. Stacey's daily logs reveal that he was assigned to various duties which kept him in and out of the courthouse during the final week of trial. As such, it would have been impossible for him to arrange luncheon meetings with the juror while he was elsewhere occupied. (T. pp. 593-99, 680-86; Gov't Ex. 30-34). Additionally, Mr. Stacey alleged that Deputy Marshal Cicchino was present during all courthouse rendezvous. However, an examination of Deputy Marshal Cicchino's logs reveal that he was not assigned to guard the jury from Monday, March 25, 1974 through Wednesday, March 27, 1974, but was likewise assigned to other duties which prevented him from contacting the jurors in question. Obviously, the four luncheon meetings never occurred. More importantly, the conversation about Mr. Gross' possible sentence did not take place. This Court is of the opinion that Mr. Stacey fabricated this entire story, and is not entitled to any credence.
ANY ALLEDGED IMPROPRIETIES AFTER THE GROSS TRIAL ARE NOT THE CONCERN OF THIS COURT IN ITS DETERMINATION OF THE MATTER BEFORE THIS COURT
Although Mr. Stacey's allegations of improprieties after the Gross trial may have had circumstantial relevance to substantiate claims of prior misconduct, such matters have no relevance in view of this Court's determination that all allegations of misconduct during the pendency of the trial are false.
However, this Court cannot close its eyes to any indication of alleged improprieties in the Marshal's Office, and therefore will forward this information to the appropriate authorities for review.
THE DEFENDANT'S REQUEST FOR A CONTINUED HEARING MUST BE DENIED
It is well established that courts have a solemn duty to fully investigate allegations of constitutional infirmities. Lujan v. United States, 424 F.2d 1053, 1055 (5th Cir. 1970). For this reason, the Court shall not deny a petitioner's request for a hearing unless the files and record before the Court clearly show that the petitioner is not entitled to any relief. Lujan v. United States, supra. This Court conducted an extensive hearing into the veracity of Mr. Stacey's affidavit and the charges lain therein, and has concluded that Mr. Stacey's allegations cannot be accepted as true. Therefore, having carefully considered the evidence at the hearing, this Court finds that it must reject Mr. Stacey's allegations in their entirety, and consequently, finds that there is no factual basis to support petitioner's claim for relief.
Upon careful consideration of the testimony adduced at the hearing, as well as the legal memoranda and documents submitted for the Court's review, this Court is of the opinion that there is no factual basis for issuance of the writ of coram nobis, nor any factual issue justifying a more extensive hearing.
Accordingly, defendant's petition for writ of error coram nobis and his motion for an evidentiary hearing are denied.
The government shall submit an appropriate order in conformity with this opinion within seven (7) days from the date hereof.