Al Capone concurrently. New lawyers hired to represent Capone were Washington-based tax experts. They filed a writ of habeas corpus based on a Supreme Court ruling that tax evasion was not fraud, which apparently meant that Capone had been convicted on charges relating to years that were actually outside the time limit for prosecution. However, a judge interpreted the law so that the time that Capone had spent in Miami was subtracted from the age of the offences, thereby denying the appeal of both Capone's conviction and sentence. Capone was sent to Atlanta U.S. Penitentiary in May 1932, aged 33. Upon his
Al Capone along and refused to allow Capone to plead guilty for a reduced sentence. On the second day of the trial, Judge Wilkerson overruled objections that a lawyer could not confess for his client, saying that anyone making a statement to the government did so at his own risk. Wilkerson deemed that the 1930 letter to federal authorities could be admitted into evidence from a lawyer acting for Capone. Much was later made of other evidence, such as witnesses and ledgers, but these strongly implied Capone's control rather than stating it. The ledgers were inadmissible on grounds of statute of limitations,