129 West Second Street - Room 302
Los Angeles 12 MU 4964


Los Angeles, May 9 — Katz, Gallagher and Margolis, attorneys for the defense of the Sleepy Lagoon boys are completing preparation of the oral arguments to be heard by the Second District Court of Appeal, May 15 in the Court Room of the State Building in Los Angeles.

Ben Margolis will argue the case for the defense, basing his arguments on points which were brought out in the brief, some of which are:

That the entire case was tried in an atmosphere of anti-Mexican prejudice which could not have helped but influence the jury; That the boys on trial were denied their constitutional rights when they were denied the right to confer with their lawyers during the trial; That the presiding judge was guilty of numerous acts of misconduct and showed marked prejudice against the defendants and defense counsel; That the prosecution made appeals to race hatred to help effect the convictions; and that the evidence brought out in 13 weeks of trial does not support the verdicts.

The Sleepy Lagoon Defense Committee, Carey McWilliams chairman, is responsible for the campaign to free the boys who were convicted in January 1942, for the alleged murder of Jose Diaz. Three are serving life sentences at San Quentin, and nine are serving sentences of from 5 years to life.

The appellate hearing is open to the public and begins at 10:00 a.m.