A pattern of “troubling and overly aggressive conduct” pretrial by prosecutors was not enough to persuade a federal judge to dismiss a seven-count indictment in a Racketeer Influenced and Corrupt Organizations Act case.
Second Circuit Judge Denny Chin, sitting in the Southern District, acknowledged in U.S. v. Espinal, 10-cr-00905, that the Southern District U.S. Attorney’s Office had withheld exculpatory evidence from defense counsel and attempted to present evidence that would unfairly prejudice the defendant, Jose Espinal.
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