United States v. Richard Mastrangelo

OAKES, Circuit Judge:

This expedited appeal raises anew the question whether there was “manifest necessity,” United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824), for the declaration of a mistrial. What makes this case unique is that the mistrial was declared following the killing of the Government’s only witness against appellant, Richard Mastrangelo. The killing occurred on the witness’s way to the courtroom to testify in a trial in which the Government’s case against the eodefendant, Joseph Dazzo, was essentially complete. The United States District Court for the Eastern…