Grant of new trial for newly discovered medical condition requires showing that condition affected defendant’s cognitive abilities at trial

TRIAL United States v. Herrera, No. 05-2219, ___ F.3d ___ (10th Cir. Apr. 4, 2007)(New Mexico). Appeal of district court’s denial of defendant’s motion for new trial in prosecution for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. HELD: District court did not abuse its discretion in denying defendant’s motion for new trial where defendant claimed post-trial diagnosis of adult diabetes with accompanying pain, nausea, and delusional state was newly discovered evidence showing that he was incompetent to stand trial. Defendant’s diabetes and accompanying symptoms were not newly discovered evidence where symptoms manifested themselves in weeks before trial and experienced defense counsel failed to bring them to attention of court. Furthermore, expert testimony only supported conclusion that diabetes might have caused physical symptoms that might have affected defendant’s cognitive abilities. To qualify for new trial on basis of post-trial medical condition, evidence must point to serious mental condition affecting cognitive abilities, not physical infirmities that might affect defendant’s ability to assist counsel. Read the opinion here.