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United States v. Gonzalez-Gonzalez

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. P�rez-Gim�nez, U.S. District Judge]

This case presents a question this court previously reserved: what is the standard to be applied to a criminal defendant’s motion for a new trial where the claim is that the prosecution knowingly used perjured testimony.

Manuel Gonz�lez-Gonz�lez, convicted of drug conspiracy and money laundering offenses in Puerto Rico, sought a new trial based on what he asserts is newly discovered evidence that two government witnesses recanted their testimony against him after his trial. Gonz�lez says those two witnesses perjured themselves, and that the prosecution knew of at least one witness’ perjury at the time. On this point the trial judge made no finding as to whether there was perjury or, if so, whether the government knew about it. Instead, the trial judge held that defendant did not, in any event, meet a “reasonable probability of a different result” standard, thus applying the standard used for claims of failure to disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963). Gonz�lez also sought a new trial based on the government’s failure to disclose exculpatory evidence, and he claims that the prosecution engaged in misconduct during his trial by misstating the extent of a government witness’ cooperation. The district court denied the motion. We affirm.

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