Fernandez v. United States · ¶25

The District Court granted the motion. Nearly a decade after presiding over the trial and sentencing, the judge felt “a certain disquiet” about whether Darge's testimony had been truthful and whether the cross-examination had been effective. 2022 WL 17039059, *4 (SDNY, Nov. 17, 2022). He had “strong concerns” about the Government's decision to charge the getaway driver with a lesser offense and “doubt[ed] that the jury's verdict was correct.” Ibid. Darge might have “sacrifice[d]” Fernandez “to save his brother,” and Fernandez might not have been the shooter or even “a member of the conspiracy.” Ibid. That “disquiet” formed the “basis of [the District Court's] finding that Petitioner Joe Fernandez has shown extraordinary and compelling circumstances for his release.” Ibid.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.