A district court judge has rejected a Cambridge police detective's appeal to the bank robbery charge against Harvard janitor. But James F. , the defendant, may not be able to at his May 18 hearing.
The 62-year-old janitor, who is charged with the holdup of the Reliance Cooperative Bank on April 20, suffered a heart yesterday morning. He is listed "satisfactory" condition in a Brighton , but doctors are uncertain he will have recovered to testify at the hearing.
Detective Leo F. Davenport said, his request for dismisal, that there so many "discrepancies" in the case "that there might as well not any case at all." Ten, witnesses have that they saw or were talking Farrell at the exact time of the Davenport claimed.
The court will decide if there are in the evidence," Judge M. Viola '50 of the East Cambridge Court, ruled Friday. The May trial will be a "probable cause hear to determine if the evidence is cient to hold Farrell for a Grand Jury .
The bank robber dropped about $800 street and in the Square as he ran from the bank. Farrell's attorney, G. Holian of Cambridge, said yesterday that Farrell's heart condition would him from fleeing in such a man
also said that Farrell "doesn't be in banks" and often carries large of cash. "When he was last year after a heart attack," said, "doctors found $3200 in his ." He had $1145 in his pockets he was arrested three days after .