Association: Assistant United States Attorney (AUSA)
- According to United States Chief Judge: Mark L. Wolf’s letter to United States Attorney General: Roberto Gonzales:dated December 8, 2006, stated: Judge: Mark L. Wolf’s letter
- AUSA: Auerhahn Misconduct
- Structural error
Assisstant U.S. Attorney: Jefferey Auerhahn committed professional misconduct by intentionally withholding core exculpatory material evidence from Ferrara, obstruction of justice, perjury and filing false reports the United States Department of Justice DID NOT PROSECUTE Assisstant U.S. Attorney Jeffrey Auerhahn for criminal statutory violations of law and instead protected him as the PUBLIC RECORDS also so reflect DelaMontaigne. TRIAL DAY 23, pages 116, 129, 131, 133, 186-187:
FBI agent Buckley’s testimony could have been delat with Cirame and Paleo’s testimony and the over 23 years old exculpatory evidence concealed by the government: AUSA’S: Auerhahn, Young, Tabak, and Herbert. See United States v. Salemme, 91 F.Supp.2d 141, 267-269 (exhibits: 188-247) (D.Mass.1999)
According to United States v. Ferrara, civil action #98-cv-11104-MLW. (District of Massachusetts/Boston)
DOCUMENT 115 Filed 12-11-2006 pages 1-8 independently corroborates the following:
Vincent Ferrara , Chief Judge Mark L. Wolf, held: that AUSA: Jeffrey Auerhahn had intentionally withheld from Ferrara, Pasquale (Patsy) Barone, and their codefendant Raymond J. Patriarca the Coleman memorandum, a far less detailed and damaging version of it that AUSA: Auerhahn personally prepared, and the vital exculpatory information that Jordan had provided in recantation of his earlier statements to the government. id. at 394-97 and n.10. While expressly identifying the serious issue, Judge Wolf did not decide whether AUSA: Auerhahn’s testimony that he did not recall either the important information Jordan provided, the Coleman memorandum, or the memorandum he himself prepared constituted perjury. id. at 397 n.10. With the agreement of the government, Barone was released on October 24, 2003, from his unlawfully obtained life sentence. id. at 408; see also, Oct. 24, 2003 Transcript. Judge Wolf’s decision to order the release of Ferrara after 16 years in prison was affirmed by the First Circuit. See Ferrara, 456 F.3d 278 (1st Cir.2006).
In doing so, the First Circuit wrote with regard to AUSA: Auerhahn’s misconduct:Here, we are dealing with more than simple neglect to turn over exculpatory evidence; the government manipulated the witness (Jordan) into reverting back to his original version of events, then effectively represented to the Court and the defense that the witness was going to confirm the story (now known by the prosecution to be a manipulated tale) that the petitioner was responsible for killing Limoli. These egregious circumstances make this one of those rare instances in which the government’s failure to turn over evidence constitutes sufficiently parlous behavior to satisfy the misconduct prong of the involuntariness test (for determining whether a guilty plea is invalid) Id. at 291. The First Circuit concluded that:The sad fact is that the government promised the petitioner that it would carry out fully its obligation to produce exculpatory evidence but instead manipulated a key witness, deliberately chose Not reveal to the petitioner the stunning evidence concerning Jordan’s recantation, yet represented falsely to the petitioner that it had kept its promise. id. at 297.
Barone and Ferrara released:
The misconduct by Assistant United States Attorney (AUSA): Auerhahn that resulted in the release of Barone and Ferrara was part of a pattern of similar misconduct by him. In 1991, Judge Wolf held that AUSA: Auerhahn had attempted to mislead the defendants and the Court concerning a motion to suppress evidence of a LCN induction ceremony intercepted pursuant to a warrant for “roving” electronic surveillance. see united States v. Ferrara, 771 F.Supp. 1266, 1308 (D.Mass.1991);Ferrara, 384 at 391-92. As a result of lengthy hearings in another case in 1998, Judge Wolf discovered that AUSA: Auerhahn did not in 1991 complete or fully correct the record regarding the motion to suppress even after that misconduct was discovered. see United States v. Salemme, 91 F.Supp.2d 268-289 (D.Mass.1999); Ferrara, 384 F.2d at 392.
During the [1993 Barone] trial, it was discovered that AUSA: Auerhahn had repeatedly improperly failed to disclose exculpatory evidence to Barone. Seven or eight of the discovery violations concerned the failure to disclose exculpatory information relating to Jordan’s testimony. see October. 18, 1993 Barone, Tr. at 35-6. AUSA: Auerhahn was responsible for each of them. id. at 48-9. the Court informed the jury of the discovery violations that had been discerned. See Oct. 18, 1993 Barone tr. at 51.Ferrara, 394 F.Supp.2d at 402 . AUSA: Auerhahn has been a member of the Bar of the United States District Court District of Massachusetts since 1980. As such, he was prohibited from violating the ethical requirements and rules concerning the practice of law in the Commonwealth of Massachusetts. See Local Rule 83.6(4)(B) of the Local Rules of the United States District Court for the District of Massachusetts.
Project Marino, notes that Assistant United States Attorney: Jeffrey Auerhahn also prosecuted the Marino case which in that case AUSA: Auerhahn also committed a pattern of egregious gross governmental misconduct against Vincent M. Marino as the PUBLIC records so supports See Marino , supra.