United States of America Ex Rel. Benedetto Romeo v. Daniel McMann as Warden of Clinton State Prison, Dannemora, New York

*866FRIENDLY, Circuit Judge

(concurring) :

This is an exceedingly close case. I agree that Gramando’s denials of having been made any promises for testifying, as distinguished from revealing information about the Rubin murder, were not shown to have been literally false, and that responsibility for failing to develop what now turns out to have been the full story with respect to the dismissal of the gun charge against Mrs. Gramando lay primarily with defense counsel who was mainly interested in attempting to show promises as yet unperformed, particularly in relation to the two murder charges…