Appellate Law

CA1: government gets another chance to put someone in jail

By S. COTUS

US v. Alviles-Sierra, No. 07-2066. During a trial for cocaine, ?Angelico Santiago-Rivera testified that the defendant had been asked by agents ?if he was going to take the blame for it [the cocaine], and he said yes.?? The defendant requested a mistrial.  The Court said it had ?a couple of cases?... ?that would have supported a decision to deny the defendant's motions.?  The government then said it wouldn?t be opposed to a mistrial because a mistrial would protect the integrity of the agent.  So, a motion for a mistrial was granted.  Then the defendant was re-indicted.  On an interlocutory appeal, the defendant argues that this statement was a deliberate attempt to derail the defense strategy.  He points to the fact that this AUSA seems to have a pattern of doing this in other cases.  The First and the District Court give the AUSA a pass, and say that the conduct wasn?t deliberate and therefore the government can have another bite at the apple. 

Full post as published by Appellate Law and Practice on July 11, 2008 (boomark / email).