United States v. Martin

OPINION

RICHARD MILLS, District Judge:

“Every criminal defendant is privileged to testify in his own defense, or to refuse to do so. But that privilege cannot be construed to include the right to commit perjury.” Harris v. New York, 401 U.S. 222, 225, 91 S.Ct. 643, 645, 28 L.Ed.2d 1 (1971).

I. BACKGROUND

In a previous Order, the Court stated that it would reserve ruling on the issue of whether the Government could use the tape recorded conversations between Defendant Michael R. Martin and Curtis Fleming for impeachment purposes until it had been determined that Defendant would testify on his own…