7th Circuit upholds conviction over DEA agent withholding evidence

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A man convicted of federal charges of distributing cocaine was not deprived a fair trial after a government agent failed to record or relay exculpatory evidence from a co-defendant, the 7th Circuit Court of Appeals ruled Friday.

A jury in the U.S. District Court, Northern District of Indiana, Hammond Division convicted Mota of attempting to distribute 500 grams or more of cocaine and of possessing with the intent to distribute 500 grams or more of cocaine. Mota was convicted with a co-defendant, Jorge Ponce, after an undercover government agent bought drugs from them during a sting operation.

Mota argued on appeal in U.S. v. Armando Mota, 10-1486, that Drug Enforcement Administration agent Robert Aponte interviewed Ponce after his arrest and that Ponce “assumed complete responsibility for the crime and proclaimed Mota’s innocence.” Mota said Ponce told Aponte that a man named “Teflon” had delivered the drugs that had been purchased by the undercover agent, but that Aponte neither recorded nor told supervisors about his conversation with Ponce.

“While the failure to transmit exculpatory evidence was inexcusable, Mota learned of this evidence at the start of his trial and thoroughly presented it to the jury,” Judge Daniel Manion wrote in a unanimous opinion. “Also, because Mota had the opportunity to cross-examine the negligent agent and because Ponce testified on Mota’s behalf, we cannot conclude that Mota was denied a fair trial.”

“There is more than sufficient evidence from which a rational juror could have found beyond a reasonable doubt that Mota intended to distribute one kilogram of cocaine at Ponce’s house, and that he attempted to do so,” the ruling says.



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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

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