On October 10, 1966 a federal grand jury in Connecticut returned an indictment charging the defendant under the Act.

Under the law the trial judge is obliged to sentence the defendant to death if the jury recommends it.

However, if the defendant attempted an acquittal by going to trial, he would be risking his life if the jury found him guilty.

However, the majority disagreed with the District Court’s assertion that the Federal Kidnapping Act fails entirely because its penalty clause is deficient.

He argued that pleas of guilt should be carefully examined before being accepted to make sure that they have been not coerced by the threat of capital punishment.