District court did not abuse discretion in denying defendant’s motion for mistrial for prosecution’s failure to comply with evidence disclosure rule

TRIAL United States v. Martinez, No. 04-4179, ___ F.3d ___ (10th Cir. Jul. 26, 2006)(Utah). Appeal of conviction and sentence for possessing methamphetamine with intent to distribute. HELD: District court did not abuse discretion in denying defendant’s motion for mistrial based on prosecutor’s failure to provide substance of incriminating statements made by defendant to government agents prior to trial as required by Rule16(a)(1)(A) of the Federal Rules of Criminal Procedure. Defendant failed to object at opening statement when prosecutor made clear he would introduce those statements and failed to object again at time government agent took witness stand. Had defendant objected in timely manner, drastic remedy of mistrial could have been avoided and violation of rule, if any, could have been cured either by continuance or by excluding evidence. Read the opinion here.