9th Cir.
11-50094
The court of appeals reversed a district court judgment and remanded the action for further proceedings. The court held that a defendant was denied his right to present a full defense at trial where the government wrongfully deported an illegal alien witness who had exculpatory evidence. The court held further that once the government is aware that an alien has potentially exculpatory evidence, it must treat that person as a material witness and give defense counsel the opportunity to interview him and make a reasoned determination whether to seek his retention pending trial.
