United States Court of Appeals for the Second Circuit
909 F.2d 662 (2d Cir. 1990), cert. denied sub nom. Simon v. United States, 499 U.S. 904 (1991)
Six defendants, including Congressman Mario Biaggi and the former CEO of Wedtech Corporation, John Marriotta (defendant), were charged with wrongdoing with regard to Wedtech’s receipt of contracts from the Defense Department. At his trial, Marriotta was prevented from introducing evidence that he had declined a deal with the government that would have given him immunity if he provided information regarding wrongdoing by the other defendants. Marriotta claimed that such evidence showed consciousness of innocence because anyone would have taken an offer of immunity if they had any knowledge of wrongdoing to offer. At trial, the prosecution also presented evidence of Marriotta’s consciousness of guilt because his wife withdrew a large amount of money from their joint account and put it in her own name. Marriotta was convicted and appealed.
Rule of Law
Holding and Reasoning (Newman, J.)
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