U.S. v. Freeman

In prosecution on drug charges, Dist. Ct. did not abuse its discretion in granting defendant's request for new trial on claim that govt.'s key witness provided false testimony at trial, and that govt. was aware that said testimony was false but submitted it anyway. Witness provided key testimony linking defendant to drug conspiracy by describing alleged incidents that occurred in presence of third-party, when govt. eventually conceded that said third-party was in prison at time of alleged incidents. Moreover, said testimony had likelihood of affecting jury's guilty verdict. Ct. rejected govt. argument that no misconduct occurred because witness was merely mistaken as to timing of said events, and Ct. futher noted that prosecutor was aware that third-party was in prison prior to witness presenting said testimony.