US v Sanchez
MARTIN, District Judge:
I can think of few things more threatening to the liberty of our citizens than to have a court system which tolerates perjury by Government agents in a criminal trial. This is the second case in a brief judicial career in which I have found, on the basis of my assessment of the credibility of the witnesses who appeared before me, that police officers have lied in an attempt to secure the conviction of individuals whom they no doubt believe guilty of some criminal act.
The issue is particularly frustrating in the matter currently before the Court since it appears that my earlier failure to articulate clearly the bases of my decision in this case has led the Court of Appeals to express a view on the facts, without having seen the witnesses, that is directly contrary to the conclusion I reached having observed the witnesses. In addition, the Court of Appeals has directed that I enter judgment on the jury verdict, even though it expressly noted that I had not decided whether the conduct at issue amounted to knowing use of perjured testimony by the prosecution and the record indicated that alternative grounds urged for setting aside the jury verdict had not been decided because a new trial had been ordered pursuant to Rule 33.
I have access to westlaw so I can cite more and more cases of police perjury but Im waiting. I want the totalitarians to keep up theyre absurd insinuations that recording interactions with them for my own protection is stupid or crazy.
MARTIN, District Judge:
I can think of few things more threatening to the liberty of our citizens than to have a court system which tolerates perjury by Government agents in a criminal trial. This is the second case in a brief judicial career in which I have found, on the basis of my assessment of the credibility of the witnesses who appeared before me, that police officers have lied in an attempt to secure the conviction of individuals whom they no doubt believe guilty of some criminal act.
The issue is particularly frustrating in the matter currently before the Court since it appears that my earlier failure to articulate clearly the bases of my decision in this case has led the Court of Appeals to express a view on the facts, without having seen the witnesses, that is directly contrary to the conclusion I reached having observed the witnesses. In addition, the Court of Appeals has directed that I enter judgment on the jury verdict, even though it expressly noted that I had not decided whether the conduct at issue amounted to knowing use of perjured testimony by the prosecution and the record indicated that alternative grounds urged for setting aside the jury verdict had not been decided because a new trial had been ordered pursuant to Rule 33.
I have access to westlaw so I can cite more and more cases of police perjury but Im waiting. I want the totalitarians to keep up theyre absurd insinuations that recording interactions with them for my own protection is stupid or crazy.
Comment