United States v. Brito

907 F.2d 392 (2nd Cir. 1990)

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Nature of the Case

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Facts

Ds were convicted of participation in narcotics trafficking. They sought a reversal of their indictments and convictions based on prosecutorial misconduct before the grand jury. D claims that the prosecutor misused the grand jury process by obtaining indictments based solely on hearsay. D claims that the prosecutor got his indictments based on single witness testimony given by an agent having no personal knowledge of the alleged acts and that the grand jury was never clearly informed that the agent's testimony was hearsay and that the prosecutor herself was the true witness because the testimony was presented through leading questions. The government admits that is used single witness hearsay to get the indictments when a defendant was already under arrest. This was due to the fact that they were required to get the indictments within 10 days of arrest and the narcotics grand jury only met every two weeks.