The Craig Carton trial took an unexpected turn as Carton's defense took a page right out of Hollywood yesterday as the words 'confidential informant' made an appearance. Apparently the Government has denied that David Molner is a confidential informant - much to the surprise of Carton's attorneys -- who have filed a new letter with the judge charging that prosecutors are changing stories on the fly now.
The Government's position is that Molner "is not a confidential source or cooperating witness with respect to this matter (to include the prosecution in United States v. Joseph Meli)," and, importantly, that he "has not been interviewed by the Government with respect to this matter." Gov't Opp., 3, ECF No. 101 (emphasis supplied). The Government further seeks to cast Molner's relationship with Meli as, in sum and substance, irrelevant as "it is unremarkable that Meli would work with others [i.e., Molner], witting or unwitting, in various aspects of the scheme for which he was convicted." Id. at 1. This position, which clearly minimizes Molner's role in the alleged Indictment and the relevance of Molner's testimony, is inexplicable inasmuch as it stands directly at odds with and contrary to the Government's prior statements on the record in this case, and raises even more questions than existed before the defense filed the instant Motion. Accordingly, Mr. Carton submits that, if nothing else, the Government's opposition requires heightened scrutiny regarding whether the Government has fulfilled its obligations under Brady and Giglio, and we respectfully request judicial review.
Here is the full letter.
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