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Remand to District Court to Explore Government's Use of Possibly Perjured Testimony in Suppression Case

By Shari Allison

U.S. v. De La Campa Rangel, 2008 WL 787114 (3/26/08) (Published) - DEA agent Jay Perry's DEA-6 report and trial testimony contradicted his criminal complaint and preliminary hearing testimony as to how he got information that the defendant took a small black bag (subsequently found to contain cocaine) from a larger bag while sitting on the bus. The trial testimony of the bus driver and another bus passenger contradicted both of the agent's versions, indicating the defendant's taking out the black bag occurred close to the time of the bus's arrival in Albuquerque, not four hours earlier, based on the bus driver's observations or the El Paso station manager's relayed report, as the agent alternatively claimed. In the original order, the 10th (Judges Hartz, McWilliams and Holmes) expressed dismay that there were some serious ethical violations, i...continue to full post

Full post as published by Tenth Circuit Blog on April 01, 2008 (boomark / email).