IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
May 11, 2010
UNITED STATES OF AMERICA
ALBERT LEO BERRETTINI, JR., AND MARY ANN BERRETTINI, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 11th day of May, 2010, upon consideration of defendants' motion for declaration of mistrial*fn1 (Doc. 366), and it appearing that defendants request "an Order or Judgment granting the Defendant(s) Petition moving for Mistrial, or otherwise Dismiss With Prejudice[,]" (see Doc. 366 at 1), and that defendants aver that they "file these pleadings... based on newly discovered evidence and or newly or recently realized evidence, as presented with exhibits which shall be attached hereto"*fn2 (id. at 2), and it further appearing that defendants contend that the indictment contained error, mistake, or fraud (id. at 4-5), and that the government presented false testimony before the jury (id. at 5-6), and that defendants present a variety of other allegations and arguments which are not material to the pending motion, and the court noting that it has already rejected defendants' arguments that the court should declare a mistrial and that the court should dismiss the indictment or otherwise dismiss the case,*fn3 and the court concluding that defendants have failed to present any basis for declaring a mistrial,*fn4 it is hereby
ORDERED that the motion (Doc. 366) is DENIED.
CHRISTOPHER C. CONNER United States District Judge