was induced by coercion - threat and promise. This contention is made notwithstanding the fact that prior to the taking of the plea of the defendant-movant he denied any promise or threat and affirmatively asserted that his plea was freely and voluntarily made and for the sole reason that he was guilty of the charge to which he was entering the plea. Likewise, at the time of sentence, although opportunity was given to both defendant-movant and his counsel, no claim was made that the guilty plea of the movant had been coerced or resulted from any threat or promise. Indeed the record reflects that defendant's then counsel knew nothing of the latter's contention until a proceeding was brought under Section 2255.
As to the above-enumerated statements alleged by the defendant-movant, the court finds:
As to No. 1:
That no such statement was made by the trial judge, and further, that no such statement was conveyed to the defendant-movant.
As to No. 2:
That no such statement was made by the trial judge, nor conveyed to defendant-movant by his counsel; that it was generally agreed that the witness "The Turk" had given damaging testimony as to which said movant and all were cognizant; and furthermore, that the question of guilt or innocence of said movant was a question for the jury's determination, not for the court's determination.
As to No. 3:
That no such statement was made by the trial judge, nor conveyed to the defendant-movant; that the trial judge indicated to counsel that the court would likely impose consecutive sentences on two counts as to defendant-movant and his codefendant Murgie, if they were convicted. Defense counsel Allder advised defendant-movant that certain defendants, including defendant-movant, might receive consecutive sentences.
As to No. 4:
That there was no discussion of this subject and that no such statement was made nor conveyed to defendant-movant. The court further finds that if the subject matter had been discussed the trial court would have stated that he would permit defendants to continue on bond pending appeal.
As to No. 5:
That no promise was made by the trial judge to place defendant's son, Louis S. Tedesco, on probation, nor was any such statement conveyed to defendant-movant. The court further finds that there was a general discussion as to usual practice, namely, that the probability was that a young man without criminal record in a non-violence case would be placed on probation.
The court finds: that the record discloses no statement attributable to the trial judge, nor to other source, that was conveyed to defendant-movant that could be found to have coerced defendant-movant or constituted a threat or promise - in short, that there was no coercion, threat or promise made or conveyed to said movant; that movant's plea was freely and voluntarily entered, after full discussion with retained counsel; that movant was fully aware of what he was doing and did so for his own interest; that he was knowledgeable in the field of criminal law by virtue of many contacts therewith for a period of approximately one-third of a century; and that he was not misled, nor did he plead guilty under any misapprehension. Having so found, the court concludes as a matter of law that defendant-movant's motion under Section 2255 should be, and it is hereby, denied.