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Keywords

defendanttrialverdicttestimonydue processdeportationliens

Related Cases

Romero-Cruz; U.S. v.

Facts

Luis Romero-Cruz was convicted of transporting illegal aliens after INS agents observed him interacting with a group of suspected illegal aliens outside a motel in Texas. He was seen directing the aliens to hide in his truck, which was later pulled over by border patrol, revealing multiple illegal aliens inside. The government deported most of the aliens before trial, which Romero claimed violated his rights to compulsory process and due process.

On August 1, 1998, INS agent Armando Farias observed a group of six persons milling about outside the Save-Inn motel in Harlingen, Texas, a location known for alien smuggling. The persons appeared lost and were carrying their possessions in plastic bags. While Agent Farias was watching, Romero-Cruz drove up in pick up truck, parked and walked towards the motel. After a member of the group of suspected illegal aliens whistled to get Romero's attention, Romero got back into the truck and parked it near the fence where the suspected aliens were standing.

Issue

Did the government's deportation of potential witnesses violate Romero's constitutional rights, and was the evidence sufficient to support his conviction for transporting illegal aliens?

Rule

To establish a violation of the Sixth Amendment right to compulsory process or the Fifth Amendment right to due process, a defendant must show that the testimony of the deported witnesses would have been material and favorable to his defense, and that there is a reasonable likelihood that the testimony could have affected the judgment of the trier of fact.

To establish a violation of the Sixth Amendment right to compulsory process or the Fifth Amendment right to due process, a criminal defendant must make a 'plausible showing that the testimony of the deported witnesses would have been material and favorable to his defense, in ways not merely cumulative to the testimony of the available witnesses.'

Analysis

The court found that the testimony of the deported witnesses would have only served to impeach other witnesses on a collateral matter and would not have changed the verdict. Additionally, the evidence presented at trial was sufficient to support the conclusion that Romero was aware the aliens were in the country illegally, and the lack of evidence regarding financial gain was irrelevant since it was not an element of the offense.

The testimony of these witnesses would thus have been cumulative of evidence presented at trial. Deportation of these witnesses therefore does not constitute a violation of Romero's compulsory or due process rights.

Conclusion

The court affirmed the conviction, concluding that the deported witnesses' testimony would not have affected the jury's verdict and that sufficient evidence supported the finding of guilt.

Romero failed to make a plausible showing that the deported witnesses would have provided testimony material and favorable to his defense, or that there was a reasonable likelihood the testimony could have affected the jury's verdict.

Who won?

The United States prevailed in the case, as the court found that the evidence was sufficient to support the conviction and that the deportation of witnesses did not violate Romero's rights.

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