Judge Arthur Spatt
Perryman, a member of the Bloods street gang known as the "Old Mill Court Bloods," was indicted for shooting a person just outside the Old Mill Apartment Complex. He moved to dismiss several counts in the superseding indictment on double jeopardy grounds, arguing that he was previously acquitted of the state charges related to this crime. The government claimed the "dual sovereignty" exception applied. Perryman contended the prosecution brought this case at the insistence of state and local law enforcement agencies as retribution against him after their failed attempts at conviction. Thus Perryman argued that a hearing should be held to determine whether his case fell within the Barktus v. Illinois exception to the dual sovereignty doctrine. The court noted that it did appear that the federal investigation was commenced immediately after Perryman was acquitted. However, the court found that this fact, by itself, did not qualify Perryman for the Barktus exception. It reasoned that without evidence that the state authorities "acted as a tool of the federal government," Perryman cannot circumvent the dual sovereignty doctrine. Thus, having failed to offer that evidence, Perryman's motion to dismiss was denied.
