United States v. Joseph Falsia

Joseph Falsia appeals his conviction on charges of conspiracy to distribute and to possess with the intent to distribute cocaine. We affirm.

I. BACKGROUND

Appellant Falsia was arrested, along with Carlos Ortiz and Francisco Rodriguez, on July 21, 1982. A federal grand jury had returned a three-count indictment charging Falsia and Ortiz with conspiracy to distribute and to possess with intent to distribute cocaine, possession with intent to distribute, and distribution of cocaine. Rodriguez was granted immunity from prosecution in return for testimony against Falsia and Ortiz. After Ortiz twice failed to appear for trial, Falsia’s case was severed. Falsia was convicted on the conspiracy charge and acquitted on the other two counts.

Prior to trial, the district court refused to admit evidence of a polygraph test with results favorable to Falsia. The trial court also refused Falsia’s requested jury instruction that Ortiz was a fugitive, unavailable as a defense witness. Falsia alleges error in both of these refusals. Additionally, error is asserted in the district court’s denial of Falsia’s motion for a new trial, excluding post-trial declarations of three jurors, and…