Request for nationwide BOP data granted in BOP homicide case
Posted on: 8/13/2016 09:32:21 AM by Lominack
In U.S. v. Con-Ui, a BOP homicide case (corrections officer killed) pending trial in the MDPA, the government withdrew the non-statutory aggravating factor of future dangerousness but advised the court it still planned to introduce evidence of the defendant's evidence of alleged acts of violence committed by the defendant both in and out of prison.  The defendant asserted that he will attempt to prove a lack of future danger and intends to introduce expert testimony to bolster his lack of future danger argument to the jury.  The defendant argued for nationwide BOP data "critical to providing an individualized evaluation of Mr. Con-Ui's behavior in comparison" to various categories of inmates in the federal BOP.  Without ruling on the admissibility of any potential testimony or evidence, the trial court determined that certain of the requested discovery - including substantial nationwide BOP data - may be material to the defense, and ordered it produced.  The district court opinion can be found at 2016 WL 4140520 (M.D. Pa. Aug. 4, 2016), or here.