Gray
United States v. Gray
Opinion
Lead Opinion
MEMORANDUM **
This case turned on whether the jury believed the testimony by T.G., and by others recounting what T.G. had told them, that Gray had anally raped her.
The prosecutor obtained evidence tending to impeach T.G.’s testimony on October 4, 2000. The date is established by a notation in the Deaconess Hospital records that on that date: “Both Kathryn Hug and Marcia are requesting [patient’s] medical records, for use with these legal proceedings,” and consent was obtained from the minor patient’s father. “Kathryn Hug” was the FBI special agent on the case. “Marcia” was Marcia Good Sept, the Assistant United States Attorney who prosecuted the case.
The next day, the prosecutor moved for a continuance on the grounds that T.G. was “experiencing personal difficulties and was subsequently hospitalized,” and that trial could not proceed without T.G.’s testimony. The physician’s affidavit filed with the motion did not disclose what the “personal difficulties” were, nor did the prosecutor disclose what they were to defense counsel, although she knew from the records she had obtained. The motion was granted, moving the trial to January.