 During his trial, Pioggi claimed Zwerbach and Lewis had confronted him with members of their gang at his hotel with the intention of murdering him.Forced out into the street, he went on to say he then shot both before they were able to get out their pistols.His lawyer, John S. Bennett, issued a statement to the court that for the safety of his client, Pioggi would choose not to stand trial and plead guilty to manslaughter as his testimony might incriminate certain figures of the city's underworld.