Dean Shendal v. United States

As a witness before a federal grand jury in Los Angeles, Shendal has refused to answer these two questions:

1. “How much money was involved; how much money?”

2. “Who was the individual up there in Chicago?”

In context it would appear, as Shendal had testified, he was the manager of the slot machines at the Sands hotel at Las Vegas, Nevada. But he had done some special assignments for the gambling management. Particularly, probably in the month of February, 1962, he had gone to Chicago to make a “collection.” Without objection, Shendal told of making the trip to Chicago, who sent him, that he did receive money there in a sealed envelope from an individual.

As to the two specific questions, Shen-dal invoked the Fifth Amendment: that the answers would incriminate him or tend to incriminate him. There is no question but that there was adequate direction and refusal to answer.

The trial judge was of the opinion that the matter of incrimination was nonsense and that it was transparent from Shen-dal’s answers that he was trying to protect someone else. It would also appear the trial court thought the witness had answered so much that there was a waiver of any claim of privilege…