Some Plans to Spring Lucky
No sooner had Luciano landed in jail than efforts were started to provide an appeal for a new trial. There was no question on the side of the defense that Dewey's staff influenced the women who gave testimony against Luciano. If they could be found and would sign documents stating that this was true there was a good possibility of a new trail. After searching throughout the entire country, word came back that the women were in Paris. The lawyers traveled to Paris and returned with signed affidavits that the information given in the testimony was fed to the women by Dewey's staff. The women also stated that they had been threatened with harsh prosecution and long prison terms if they failed to cooperate. If they did cooperate, they would be provided with immunity and protection and slipped out of the country at the conclusion of the trial.
Dewey responded to the charges of influencing witnesses by stating that the reputation of Luciano should be of primary concern. He felt that it was apparent that threats and intimidation brought about the change in testimony. Under these circumstances these affidavits should be ignored. The court of appeals heard the case and with one dissenting opinion ruled against rehearing the case. The dissenting opinion was based on the excessive amount of the original sentence. The Supreme Court refused to hear any arguments and the case ended. It looked as if the luck for Charlie had finally ran out. Luciano's first reaction was despair and a belief that he had better plan to settle in for a long stay.
Then, the situation became worse. With Luciano not present to run the day by day operations and with Lansky and Costello constantly out of town on business, the organization began to fragment. Lepke felt that he could strike out on his own and began to gain press coverage that made him the new victim for Dewey. Word hit the street that Dewey's staff was collecting information about Lepke's involvement in a large-scale drug sale. Lepke felt it was in his best interest to disappear. He sent an appeal to Luciano for protection. Charlie, by this time had recovered from his despair and his mind was formulating a plan that could make the possibility of freedom possible again. With this plan in mind he agreed to provide Lepke with protection and to aid in keeping his whereabouts quiet. Costello, Lansky, and finally Luciano were approached to aid in finding the whereabouts of Lepke. This effort to contact and ask for Luciano's aid was not unexpected. Charlie's rely was he would be willing to help only if his sentence was commuted.
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