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(1961) and Walter Glockner (1963) and (2) the 20-year pattern
of appointing convicted felons and reputed henchmen thereof to
positions of trust within the Local.
It was this theory which became the third cornerstone of
the RICO Complaint. Preliminarily, Judge Ackerman held that
there could be such a cause of action -- that is, the Hobbs
Act does protect such intangible rights and the wrongful
deprivation of such rights by violence or fear of violence,
however subtle and intangible, would constitute extortion. With
the issue thus joined, the defense position -- bolstered by
several experts in labor law -- was that Local 560 was no
different than any other local from the standpoint of union
democracy. In'support of this position, the defense presented
a videotape of a membership meeting and evidence that the
attendance record was no different than that of any other local.
Moreover, the mere fact that the Provenzano Regime had been able
to maintain power for almost twenty-five years was neither
atypical nor indicative of any erosion of union democracy.
The Government countered with the expert testimony of
Professor Clyde Summers of the University of Pennsylvania Law
School, an expert in union democracy. He agreed that the
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