United States v. Gray

ORDER GRANTING PETITIONER’S MOTION FOR A NEW TRIAL

DONALD, District Judge.

Petitioner, Chauncy Gray, filed a motion for a new trial under Federal Rule of Criminal Procedure 33. Petitioner contends that the government, through the actions of Officer Richard Borgers (“Bor-gers”) and his alleged agent, Delbert Delano Brooks (“Brooks”), knowingly, intentionally, and willfully induced Shelly McCaster (“McCaster”) to testify falsely against Petitioner during Petitioner’s December 1994 trial. Even if the government did not actually know McCaster’s testimony was false, Petitioner argues that it should…