Gaffney v. United States

GLICKMAN, Associate Judge:

Appellant Dewayne Gaffney challenges the sufficiency of the evidence to support his conviction for perjury before the grand jury. We agree that, under the special “two-witness” rule applicable to perjury prosecutions, the evidence was insufficient. On that ground, we reverse appellant’s conviction. 1

Appellant was indicted on two counts of perjury for statements he made under oath before a Superior Court grand jury investigating the murder of Michael Taylor. The target of the investigation, Harry Wheeler, was suspected of having ordered Taylor’s murder in retaliation…