Panel of Judges Suhrheinrich, Moore, and Gibbons.
Fire killed a number of children and injured other people. Defendant charged with arson resulting in death, a violation of 18 U.S.C. 844(i). Jury convicted defendant. Defendant moved dist ct for new trial on grounds the verdict was against the manifest weight of the evidence. Dist ct granted motion and issued 95-page opinion. Gov appealed. COA affirmed.
* Dist ct found a key witness's testimony internally inconsistent, unreliable, and lacking corroboration. This witness had a 30-year criminal history, mental-health problems, only a sixth-grade education, and a long history of incarceration and time in state hospitals. No phone records connecting this person, allegedly close to the defendant, with the defendant. Witness had received benefits from ATF, so had reasons to lie.
* Dist ct mistrusted the inmate informants. Discounted the testimony of other witnesses for a variety of reasons.
* COA sees dist ct as a sort of "thirteenth juror."
* "The district court properly evaluated the weight and credibility of all of the evidence adduced at trial and its determination that the verdict was against the manifest weight of the evidence was not an abuse of discretion. Sitting as the thirteenth juror, the district court did not abuse its discretion in concluding that many government witnesses, including Jackson, the inmate informants, and community witnesses testifying to Lewis’s involvement and possible motive, were incredible."
* "Although we make no statement as to whether such proof could sustain a guilty verdict, we hold that the district court did not abuse its discretion in determining that the guilty verdict in this case was against the manifest weight of the evidence. In light of our deferential review of orders granting motions for a new trial, the district court’s thorough and thoughtful review of the evidence, and its superior position to evaluate the credibility of witnesses, we affirm the judgment of the district court.
