United States v. Padrone
| Decision Date | 16 January 1969 |
| Docket Number | Docket 32899.,No. 326,326 |
| Citation | 406 F.2d 560 |
| Parties | UNITED STATES of America, Appellee, v. Pedro PADRONE, Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
David A. Luttinger, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York and Elkan Abramowitz, Asst. U. S. Atty., on the brief), for appellee.
Jerald Rosenthal, New York City (N. Henry Lindenauer, New York City, on the brief), for appellant.
Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.
We reverse in open court the conviction of Pedro Padrone for narcotics violation and his sentence as a second felony offender because of the government's conceded and inadvertent failure to make available to defense counsel, as had been ordered by Judge Pollack on April 2, 1968, its record of a statement taken from the defendant by an Assistant United States Attorney after his arrest.
The three-page statement form was handed to Judge Pollack at the hearing of the motion for inspection on April 2, and after examining it he signed a memorandum order which directed the government to "furnish to defendant for inspection the document submitted to the Court for examination, and * * * to furnish defendant Padrone with copies of any statements recorded by any Government agency in the possession or knowledge of the U. S. Attorney, including transcripts or any recordings of statements of said defendant." At the hearing defense counsel did not see the statement and was not advised of its contents. The government concedes, as it must, that a copy of the statement should have been furnished the defendant. Through inadvertence, apparently because one Assistant took the statement, another Assistant represented the government at the April 2 hearing and a third Assistant was trial counsel, no copy was ever furnished nor was counsel in any way apprised of its contents before trial.
At trial, before the district court, without a jury, Padrone took the stand and denied any connection with the narcotics sale. On cross-examination, the government counsel asked several questions which were apparently based upon what Padrone had said to the Assistant who recorded it in the three-page statement. When the statement was produced and marked for identification, defense counsel promptly objected. The trial judge thereupon forbad further use of the statement but refused to strike all prior questions based upon it.
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Joe Z. v. Superior Court
...might lead to the discovery of other evidence important to the defense. (See, Note, Supra, 74 Harv.L.Rev. 940, 1055; United States v. Padrone (2d Cir. 1969) 406 F.2d 560; United States v. Bailey (D. Kan.1967) 262 F.Supp. 331, 332.) Moreover, pretrial inspection of taped or transcribed conve......
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...See U. S. v. Lewis, 167 U.S.App.D.C. 232, 511 F.2d 798, 803 (1975); U. S. v. Kelly, 420 F.2d 26, 29 (2nd Cir. 1969); U. S. v. Padrone, 406 F.2d 560 (2nd Cir. 1969). In Kelly the prosecution did not disclose certain test results to the defendants until trial, despite the fact that defendants......
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Government of Virgin Islands v. Martinez
...concerning a witness's admission violated Brady, and warranted the granting of a writ of habeas corpus. 10 See also United States v. Padrone, 406 F.2d 560 (2d Cir.1969) (new trial ordered where prosecution failed to disclose defendant's confession admitting guilt to defense counsel; court f......
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U.S. v. Heath
...United States v. Lewis, 167 U.S.App.D.C. 232, 511 F.2d 798 (1975), even if the statements are excluded from trial, United States v. Padrone, 406 F.2d 560 (2d Cir. 1969). As in Lewis, "(a)lthough the government presented a strong case even without the use of the statement, (I) cannot say tha......