Editing Murder, Inc. (section)

=== Irving Nitzberg ===

Irving Nitzberg, who was "imported" by the Brooklyn "Combination" from the Bronx, was put on trial for the January 9, 1939, murder of Albert Shuman in Brooklyn based on the testimony of three accomplices, [[Abe Reles]], [[Albert Tannenbaum]] and [[Seymour Magoon]]. Reles testified that Shuman was killed since he cooperated with the authorities who were conducting an inquiry of Lepke's involvement in labor racketeering.<ref>[https://www.nytimes.com/1941/05/17/archives/gang-killer-tells-why-he-reformed-became-disgusted-with-way-of-life.html Gang Killer Tells Why He 'Reformed'; Became Disgusted With Way of Life That Required 11 Murders, Reles Says; Believes in God, He Adds; Waxes Philosophical After He Details One Slaying to Jury in Brooklyn], ''The New York Times'', May 17, 1941, p. 32.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F20A15FE3D5C1B7B93C5A8178ED85F458485F9 |title=Gang Killer Tells Why He 'Reformed'; Became Disgusted with Way of Life That Required 11 Murders, Reles Says Believes In God, He Adds Waxes Philosophical After He Details One Slaying to Jury in Brooklyn |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175710/http://select.nytimes.com/gst/abstract.html?res=F20A15FE3D5C1B7B93C5A8178ED85F458485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1941-05-17 }}</ref> Reles also testified that he helped plan the murder of Shuman with Lepke, who was a fugitive at the time, and [[Emanuel Weiss|Mendy Weiss]] and that Lepke received approval from [[Albert Anastasia]] to use a person who lived outside Brooklyn to help with completing the assignment. Seymour Magoon testified that he stole the car used in the murder on Reles's orders.<ref>[https://www.nytimes.com/1942/03/06/archives/polite-murderer-explains-silence-magoon-didnt-tell-what-he-knew-of.html "Polite Murderer Explains Silence; Magoon Didn't Tell What He Knew of Gangster Leaders Out of Sheer Courtesy; or So He Informs Court; Hired Slayer of the Brooklyn Ring Says He Stole Car at Request of Reles"], ''The New York Times'', March 6, 1942, p. 38.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F70A1FFD3F5D167B93C4A91788D85F468485F9 |title=Polite Murderer Explains Silence; Magoon Didn't Tell What He Knew of Gangster Leaders Out of Sheer Courtesy; Or So He Informs Court; Hired Slayer of the Brooklyn Ring Says He Stole Car at Request of Reles |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175717/http://select.nytimes.com/gst/abstract.html?res=F70A1FFD3F5D167B93C4A91788D85F468485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1942-03-06 }}</ref> Albert Tannenbaum testified that he was the driver that picked up Nitzberg and Shuman under the pretense of performing a robbery. Nitzberg, who was in the back seat, shot Shuman twice in the back of the head when Tannenbaum gave a predetermined signal. Tannenbaum and Nitzberg then exited the murder car to join Reles and another gangster in the getaway car and departed from the crime scene.<ref>[https://www.nytimes.com/1941/05/20/archives/gang-killer-tells-of-rings-system-tannenbaum-holds-nitzberg-on.html "Gang Killer Tells of Ring's System; Tannenbaum Holds Nitzberg, on Trial for Murder, Shot Shuman on His Signal; Testifies for the State; Witness, the Death-Car Driver, Says He Asked Boss 'Why Did We Kill Him?{{'"}}], ''The New York Times'', May 20, 1941, p. 46.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F7061EFB3459167B93C2AB178ED85F458485F9 |title=Gang Killer Tells Of Ring's System; Tannenbaum Holds Nitzberg, on Trial for Murder, Shot Shuman on His Signal; Testifies For The State; Witness, the Death-Car Driver, Says He Asked Boss 'Why Did We Kill Him?' |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175729/http://select.nytimes.com/gst/abstract.html?res=F7061EFB3459167B93C2AB178ED85F458485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1941-05-20 }}</ref><ref>[https://www.nytimes.com/1942/03/10/archives/brooklyn-killing-just-another-job-who-was-the-guy-and-why-did-we.html "Brooklyn Killing Just Another Job; 'Who Was the Guy and Why Did We Kill Him?' Tannenbaum Asked Boss, Lepke Aide; His Interest Ended There; Death-Car Driver Testifies for the State as Nitzberg Is Retried for Shuman Death"], ''The New York Times'', March 10, 1942, p. 21.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F10614FB3F5D167B93C2A81788D85F468485F9 |title=Brooklyn Killing Just Another Job; ' Who Was the Guy and Why Did We Kill Him?' Tannenbaum Asked Boss, Lepke Aide; His Interest Ended There: Death-Car Driver Testifies for the State as Nitzberg is Retried for Shuman Death |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175736/http://select.nytimes.com/gst/abstract.html?res=F10614FB3F5D167B93C2A81788D85F468485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1942-03-10 }}</ref> Nitzberg was convicted of first-degree murder on May 23, 1941, and sentenced to death in the electric chair.<ref>[https://www.nytimes.com/1941/05/24/archives/nitzberg-held-guilty-after-18-minutes-slayer-in-brooklyn-murder.html "Nitzberg Held Guilty after 18 Minutes; Slayer in Brooklyn Murder Syndicate Faces Death"], ''The New York Times'', May 24, 1941 p. 34.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F10B10F63459167B93C6AB178ED85F458485F9 |title=Nitzberg Held Guilty After 18 Minutes; Slayer in Brooklyn Murder Syndicate Faces Death |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175743/http://select.nytimes.com/gst/abstract.html?res=F10B10F63459167B93C6AB178ED85F458485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1941-05-24 }}</ref><ref>[https://www.nytimes.com/1941/06/03/archives/nitzberg-sentenced-to-chair.html "Nitzberg Sentenced to Chair"], ''The New York Times'', June 3, 1941 p. 12.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F00F10F83C5B147B93C1A9178DD85F458485F9 |title=Nitzberg Sentenced to Chair |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175753/http://select.nytimes.com/gst/abstract.html?res=F00F10F83C5B147B93C1A9178DD85F458485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1941-06-03 }}</ref> However, on December 10, 1941, the conviction was overturned on a 4–3 vote by New York's Court of Appeals, which questioned the use of testimony of non-accomplice witnesses who were promised leniency to support the testimony of Reles, Tannenbaum and Magoon.<ref>[https://www.nytimes.com/1941/12/11/archives/murder-ring-verdict-reversed-in-albany-appeals-court-in-43-decision.html "Murder Ring Verdict Reversed in Albany; Appeals Court, in 4–3 Decision, Grants New Trial to Nitzberg"]. {{webarchive|url=https://web.archive.org/web/20121106175759/http://select.nytimes.com/gst/abstract.html?res=F20813F93F5E1A7A93C3A81789D95F458485F9 |date=2012-11-06 }}, ''The New York Times'', December 11, 1941, p. 25.{{subscription required}}</ref><ref>[https://www.nytimes.com/1942/12/08/archives/robber-wins-freedom-aided-in-obtaining-conviction-of-a-brooklyn.html "Robber Wins Freedom; Aided in Obtaining Conviction of a Brooklyn Slayer"]. {{webarchive|url=https://web.archive.org/web/20121106175806/http://select.nytimes.com/gst/abstract.html?res=F50A17F63D581B7B93CAA91789D95F468485F9 |date=2012-11-06 }}, ''The New York Times'', December 8, 1942, p. 29.{{subscription required}}</ref> Nitzberg was tried a second time in 1942 with the now-deceased Reles's testimony read to the jury.<ref>[https://select.nytimes.com/gst/abstract.html?res=FB0B10FC3F5D167B93C7A91788D85F468485F9 "Reles's Story Echoes Hollowly When Read By the Prosecutor at 2d Trial of Nitzberg"], ''The New York Times'', March 5, 1941, p. 16.{{subscription required}} {{webarchive|url=https://web.archive.org/web/20121106175814/http://select.nytimes.com/gst/abstract.html?res=FB0B10FC3F5D167B93C7A91788D85F468485F9 |date=November 6, 2012 }}</ref> Nitzberg was convicted for a second time on March 12, 1942.<ref>[https://www.nytimes.com/1942/03/13/archives/nitzberg-convicted-in-shuman-murder-brooklyn-ring-member-found.html "Nitzberg Convicted in Shuman Murder; Brooklyn Ring Member Found Guilty for Second Time"], ''The New York Times'', March 13, 1942, p. 10.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F10A10FA3F5D167B93C1A81788D85F468485F9 |title=Nitzberg Convicted In Shuman Murder; Brooklyn Ring Member Found Guilty for Second Time |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175820/http://select.nytimes.com/gst/abstract.html?res=F10A10FA3F5D167B93C1A81788D85F468485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1942-03-13 }}</ref> The conviction was overturned again by the Court of Appeals on a 4–3 vote, but, this time, the court also dismissed the indictment as faulty since the only testimony presented to the grand jury was from accomplices without corroboration.<ref>[https://www.nytimes.com/1943/01/22/archives/twice-condemned-reles-aide-freed-appeals-court-4-to-3-saves.html "Twice Condemned, Reles Aide Freed; Appeals Court, 4 to 3, Saves Nitzberg From Chair, Finds Indictment Faulty"], ''The New York Times'', January 22, 1943, p. 8.{{subscription required}} {{Cite news |url=http://select.nytimes.com/gst/abstract.html?res=F20D1EFE3C581B7B93C0AB178AD85F478485F9 |title=Twice Condemned, Reles Aide Freed; Appeals Court, 4 to 3, Saves Nitzberg from Chair, Finds Indictment Faulty |access-date=June 2, 2007 |archive-url=https://web.archive.org/web/20121106175829/http://select.nytimes.com/gst/abstract.html?res=F20D1EFE3C581B7B93C0AB178AD85F478485F9 |archive-date=November 6, 2012 |url-status=bot: unknown |newspaper=The New York Times |date=1943-01-22 }}</ref><ref>[https://select.nytimes.com/gst/abstract.html?res=FB0E13F73D59147B93CAAB178AD85F478485F9 "Freed from Death House; Man, Twice Convicted of Murder, Quits Sing Sing at Last"], ''The New York Times'', January 28, 1943, p. 9.{{subscription required}} {{webarchive|url=https://web.archive.org/web/20121106175842/http://select.nytimes.com/gst/abstract.html?res=FB0E13F73D59147B93CAAB178AD85F478485F9 |date=November 6, 2012 }}</ref>