United States First Circuit

Defendant's conviction and sentence for drug related crimes is affirmed over claims that the destruction of the surveillance videotape of defendant and failure by the prosecutor to disclose before trial the prior existence of the tape and the destruction violated his constitutional rights, as the tape was not exculpatory, but rather, it is more likely than not that the tape would have inculpated defendant.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

• BOUDIN, Circuit Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Richard L. Goldman, by appointment of the court, with whom Orlen and Goldman was on brief, for appellant.


• For Appellees:
  
• Seth R. Aframe, Assistant United States Attorney, with whom John P. Kacavas, United States Attorney, was on brief, for appellee.