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Sufficiency/Knowledge of Conspiracy's Object and Brady/Evidence Possessed by Foreign Sovereign

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

[This case summarized by Felicia Sarner.]US v. Reyeros, 537 F.3d 270 (3d Cir. July 31, 2008). Reyeros, a former customs inspector, was convicted of conspiring to transport cocaine into the United States. The government's case relied in part on a cooperating witness who was initially detained in Columbia and opposed extradition. Reyeros requested documents the witness filed with Columbian authorities opposing extradition, arguing that he was entitled to them under Brady and Jencks. The Circuit found the evidence was sufficient to prove that Reyeros was aware that the purpose of the conspiracy was to import cocaine. It also found that the requested documents were not and had never been in the possession of the United States government, and that Columbia was not acting on behalf of or under the control of the United States, nor was it part of a joint investigation...continue to full post

Full post as published by Third Circuit Blog on October 14, 2008 (boomark / email).