PSD wins First Circuit appeal vacating felony convictions based on coerced confessions
On July 16, 2015, the First Circuit issued an opinion vacating felony convictions in U.S. v. Feliz, a federal case out of the District of Puerto Rico. The appellate court agreed with PSD’s arguments that the federal trial judge had failed to honor fundamental constitutional safeguards when obtaining confessions from an 18 year old suspect who had no criminal history and no prior contact with law enforcement. Among other things, the trial court erroneously excluded testimony concerning threats by law enforcement as hearsay, when the threats were not being offered to prove that the government would carry out the threats, only that the government intimidated the defendant. The trial judge also deferred to the jury on credibility issues concerning the voluntariness of the confession, even though the constitution requires the judge to make the necessary fact finding. The appellate court also agreed to PSD’s request to reassign the matter to a different judge on remand. Barry Pollack argued the case on appeal.