Riccobene Appeal

268 A.2d 104, 439 Pa. 404, 1970 Pa. LEXIS 711
CourtSupreme Court of Pennsylvania
DecidedJuly 13, 1970
DocketAppeal, 425
StatusPublished
Cited by58 cases

This text of 268 A.2d 104 (Riccobene Appeal) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riccobene Appeal, 268 A.2d 104, 439 Pa. 404, 1970 Pa. LEXIS 711 (Pa. 1970).

Opinions

Opinion bt

Mb. Chief Justice Bell,

Appellant, Mario Riccobene, was sworn as a witness by Judge Sloane to testify before the Investigating Grand Jury in the City of Philadelphia on October 27, 1969. The Grand Jury had begun sitting on April 8,1969, for the purpose of investigating organized crime and alleged corruption in the governmental departments and agencies of the City of Philadelphia.

On November 20, 1969, appellant was questioned before the Grand Jury on matters relating to organized crime and the bribery of a City official. The questions concerned the involvement of certain City officials and persons allegedly connected with organized crime in real estate and urban redevelopment transactions. One of the questions related to an alleged bribery of a member,of Philadelphia’s City Council for a favor in connection with a land transaction in a redevelopment area.

Appellant refused to answer the questions asked by the Grand Jury, asserting his Constitutional privilege against self-incrimination granted by the Fifth Amendment. Later the same day, appellant reiterated his refusal before Judge Sloane in open court. Judge Sloane then affirmed appellant’s right to assert his privilege and to refuse to answer the questions.

On January 30, 1970, the Attorney General of the Commonwealth of Pennsylvania and the District Attorney of Philadelphia filed a Petition for the grant of immunity under the Act of November 22, 1968, P. L. , 19 P.S. §640.1-6, together with a rule returnable on February 5, 1970 to show cause why appellant should not be compelled to testify under a Grant of Immunity.

[409]*409On February 5, a hearing was held, at which time the particular need for appellant’s testimony in the pending Grand Jury Investigation was elucidated. The Commonwealth presented evidence of the matter under immediate inquiry by the Grand Jury to show the need for appellant’s testimony. On February 19 and 20, 1970, the Court below heard extensive argument by counsel for appellant in opposition to the Commonwealth’s Petition for the Grant of Immunity.

On February 26, 1970, the Court below decreed that appellant must testify before the Investigating Grand Jury with the immunity provided under Act No. 333 of 1968. An appeal was taken to the Superior Court from this Order. Supersedeas was denied and the appeal was quashed by that Court on the ground that the Order was interlocutory.

On March 6, 1970, appellant was asked the identical questions before the Grand Jury. Despite the grant of immunity he persisted in his refusal to answer.

The lower Court then held a hearing to determine whether appellant should be held in contempt of Court. The Commonwealth produced evidence of his refusal to answer questions asked by the Grand Jury. The Court then offered the appellant a chance to purge himself of any contempt by answering the questions. He refused to answer, asserting again that he had a Constitutional right to do so. The lower Court then ordered “that the respondent Mario Riccobene a/k/a Sonny Riccobene be forthwith committed to the County Prison and remain so committed for a period of six (6) months unless he shall sooner purge himself by testifying before the said Grand Jury, whereupon he shall be released.” From this Order, Riccobene has taken this appeal. This Order was undoubtedly a penalty or sentence of civil contempt.

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Bluebook (online)
268 A.2d 104, 439 Pa. 404, 1970 Pa. LEXIS 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riccobene-appeal-pa-1970.