DOJ-OGR-00009601.jpg
709 KB
Extraction Summary
9
People
3
Organizations
1
Locations
3
Events
4
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
709 KB
Summary
This legal document is a portion of a court filing arguing against a defendant's claim of prejudice due to the unavailability of certain witnesses (Pinto, Salhi, Markham, and Fontanilla). The author cites multiple legal precedents, including States v. Long and United States v. Scala, to assert that the defendant's claims are speculative and lack the definite proof of actual prejudice required by law to dismiss an indictment or vacate a conviction. The document concludes that the defense's unsworn assertions about what these witnesses might have testified to are insufficient legal grounds for their motion.
People (9)
| Name | Role | Context |
|---|---|---|
| Long | Defendant |
Mentioned as the defendant in the cited case States v. Long.
|
| Birney |
Mentioned in the citation to the case Birney, 686 F.2d at 105-06.
|
|
| Valona | Defendant |
Mentioned as the defendant in the cited case United States v. Valona.
|
| Spears |
Mentioned in the citation to the case Spears, 159 F.3d at 1085.
|
|
| Scala | Defendant |
Mentioned as the defendant in the cited case United States v. Scala.
|
| Pinto | Potential witness |
Mentioned as one of the individuals the defendant claims would have testified favorably.
|
| Salhi | Potential witness |
Mentioned as one of the individuals the defendant claims would have testified favorably.
|
| Markham | Potential witness |
Mentioned as one of the individuals the defendant claims would have testified favorably.
|
| Fontanilla | Potential witness |
Mentioned as one of the individuals the defendant claims would have testified favorably.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States | Government |
Party in the legal cases United States v. Valona and United States v. Scala.
|
| S.D.N.Y. | Judiciary |
The United States District Court for the Southern District of New York, which decided the Long and Scala cases.
|
| 7th Cir. | Judiciary |
The United States Court of Appeals for the Seventh Circuit, which decided the Valona case.
|
Timeline (3 events)
1987
The case of United States v. Valona, 834 F.2d 1334, was decided by the 7th Circuit Court of Appeals.
7th Cir.
2005
The case of United States v. Scala, 388 F. Supp. 2d 396, was decided in the Southern District of New York.
S.D.N.Y.
Locations (1)
| Location | Context |
|---|---|
|
The Southern District of New York, where the cases of Long (1988) and Scala (2005) were heard.
|
Relationships (4)
The defendant contends that Pinto would have provided favorable testimony.
The defendant contends that Salhi would have provided favorable testimony.
The defendant contends that Markham would have provided favorable testimony.
The defendant contends that Fontanilla would have provided favorable testimony.
Key Quotes (5)
"proof of prejudice must be definite and not speculative."Source
— Birney, 686 F.2d at 105-06
(Cited to establish the legal standard for showing prejudice.)
DOJ-OGR-00009601.jpg
Quote #1
"perceived prejudice is speculative"Source
— Long, 697 F. Supp. at 657
(Quoted from a finding where there was “no way of knowing what [the unavailable witness’s] testimony would have been”.)
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Quote #2
"Courts have generally found that vague assertions that a deceased witness might have provided favorable testimony do not justify dismissing an indictment for delay."Source
— Unnamed court (cited from Dkt. No. 207 at 17)
(Used to argue against the defendant's claims regarding deceased witnesses.)
DOJ-OGR-00009601.jpg
Quote #3
"Counsel’s unsworn assertions as to vague generalities” that witnesses, “if alive, would give testimony helpful to [the defendant] do not show that [the defendant’s] ability to present a defense has been substantially and actually prejudiced."Source
— United States v. Scala, 388 F. Supp. 2d 396, 399-400
(Cited to show that unsworn and vague assertions about potential testimony are insufficient to prove prejudice.)
DOJ-OGR-00009601.jpg
Quote #4
"there is no evidence before the Court as to what [the deceased witnesses] would have testified, much less specific evidence of how losing that testimony has caused [the defendant] actual prejudice."Source
— United States v. Scala, Id. at 400
(Quoted to emphasize the lack of specific evidence regarding the testimony of deceased witnesses in the defendant's case.)
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Quote #5
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