Yesterday Judge Scheindlin ruled on Bourke’s Rule 33 motion for a new trial: denied. Even though Bourke’s direct appeal was pending, he filed a second motion for a new trial. The motion was based on an allegation that the government violated his due process rights by putting on perjured testimony of a cooperator.
The cooperator testified to a conversation that took place on a particular day with Bourke. As it turns out, neither the cooperator nor Bourke were in that city that day: flight records showed that both of them arrived the next day. The defense claimed—at trial and in the motion—that the testimony was therefore worthless, and perjurious. The government—rightly so—argued that the import of the flight records was that the cooperator was human, and got the day wrong.
The judge sided with the government.
Plus, after denying the motion, the Judge ordered Bourke to report to jail on January 3, 2012. Have a happy new year, Frederic.
Bourke Rule 33 Denial: Bourke Rule 33 motion