Al Capone would have been "hard pressed to beat three men to death with a baseball bat" and that he would have instead let an enforcer perform the murders. Hazelgrove further notes that Capone's location at the time was unknown and that while he was known to have attended a meeting during this time, he did not bring a baseball bat with him. On March 27, 1929, Capone was arrested by FBI agents as he left a Chicago courtroom after testifying to a grand jury that was investigating violations of federal prohibition laws. He was charged with contempt of court for feigning
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,