United States v. William Depalma

William DePalma was convicted by a jury of violating 18 U.S.C. § 2113 (a) and (d) for the robbery of a Savings & Loan Association in Buena Park, California. The conviction was affirmed by this court on appeal, United States v. DePalma, 414 F.2d 394 (9th Cir. 1969), and the Supreme Court denied certiora-ri, DePalma v. United States, 396 U.S. 1046 , 90 S.Ct. 697 , 24 L.Ed.2d 690 (1970). Thereafter he sought a new trial upon the grounds of newly discovered evidence known to the prosecutor but not disclosed by him at the trial. After an evidentiary hearing, the motion was denied because the evidence offered in support of the motion was “insufficient to warrant the granting of a motion for new trial.” This appeal followed. We affirm the order of the district judge.

The first item of newly discovered evidence was the testimony of appellant’s employer who had been out of the country at the time of trial. This witness would have testified that he had been with the appellant overseeing appellant’s food catering route some 18 miles away from the scene of the crime about a half hour before the robbery. Appellant had produced other witnesses at his trial who testified to the same effect. The…