United States v. Bowdach

ORDER OF DISMISSAL

ATKINS, District Judge.

THIS CAUSE is before the Court on the Motion to Dismiss filed by defendant Gary Bowdach alleging a violation of Rule 6(d) Federal Rules of Criminal Procedure, alleging that there was an unauthorized person in the Grand Jury room when the Grand Jury was in session. The Court took testimony and heard argument on February 23, 1971 and has reviewed in camera the transcribed testimony of the sixteen witnesses who appeared before the Grand Jury.

The facts elicited at the evidentiary hearing are as follows:

1) That FBI Agent Joseph A. Gersky, by virtue of,…