United States v. Venable

OPINION

DITTER, District Judge.

Defendant was convicted of making false statements to a grand jury. He seeks a new trial on the grounds that in closing argument the prosecutor commented upon defendant’s failure to testify, thus violating the Fifth Amendment privilege against self-incrimination. For the reasons which follow, defendant’s motion must be granted.

At trial, the government’s chief witness was Joseph Baldino, who testified that he gave defendant, Edward Venable) the chairman of the Delaware County Housing Authority, $500. on three separate occasions in 1973 as payment for Baldino’s…