United States Second Circuit

Defendant's murder and racketeering convictions are affirmed where: 1) the evidence was sufficient to support a jury finding that he had acted with any of the motives required for conviction under the VICAR statute; and 2) there was no abuse of discretion in the district court's control of a witness's recross examination. However, defendant's death sentence is vacated where two arguments made to the jury by the prosecution -- both bearing on the critical issues of remorse, acceptance of responsibility, and future dangerousness -- impaired defendant's constitutional rights.

Appellate Information

• Argued 11/05/2009
• Decided 06/30/2010
• Published 06/30/2010

Judges

• Dennis M. Jacobs

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Beverly Van Ness, Benton J. Campbell