Category: Newly Discovered Evidence
Recently, the Second Circuit remanded a consolidated appeal of three cases to the district court to consider whether the government violated Brady such that new trials should be granted. In United States v. Stillwell, Nos. 18-3074, 18-3489, and 19-790, the Second Circuit (Cabranes, Raggi, Korman by designation) declined to reach defendants’ Brady claims based on evidence discovered while the cases were on appeal. Nevertheless, the Court all but urged the defendants to file post-trial motions for a new trial on Brady grounds, and directed the district court to “expeditiously” resolve the forthcoming motions.
Robert du Purton was convicted of mail fraud and conspiracy to commit mail and wire fraud in 2001 for participating in an “elaborate scheme of fraudulent representations” in his rare coin business. According to trial evidence, du Purton lied to customers about the sources of coins, concocted phony auctions to drive up prices, and had his employees impersonate competitors or independent sources, among other things. His conviction was affirmed on direct appeal. Nearly fifteen years later, he brought a petition for writ of error coram nobis, claiming that the government presented false expert testimony at trial. In a per curiam decision, the Second Circuit (Katzman, Leval, Andrew Carter, District Judge) affirmed the denial of the petition.
In United States v. Viktor Bout, 15-3592, the Second Circuit (Walker, Hall, Chin) issued a summary order affirming the decision of the District Court for the Southern District of New York (Scheindlin, J.) denying the defendant’s motion for a new trial. Bout was convicted following trial on four counts arising from a sting operation that involved Bout’s participation in a conspiracy to sell 100 surface-to-air missiles to the Colombian terrorist group Fuerzas Armadas Revoluncionarias de Colombia (“FARC”), and sentenced to 300 months in prison.