United States v. Lamantia

CUMMINGS, Circuit Judge.

In July 1993, a grand jury indicted these defendants on a number of gambling and racketeering charges. Some time later the defendants learned that a grand juror named Robert Girardi had been caught purveying details of the grand jury’s investigation to some of its subjects. In December 1994, while their trial was still pending, defendants challenged their indictment on the basis that Girardi’s misconduct violated their due process rights. The district judge agreed: he dismissed the indictment, concluding that Girardi’s corrupt actions “infected and tainted the grand…