UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA, ))Plaintiff, ))v. ) No. 4: 11 CR 168 LRR)MARTIN T. SIGILLITO, ))Defendant. )
DEFENDANT SIGILLITO’S CORRECTED MOTION FOR NEW TRIAL
NOW COMES Defendant Martin T. Sigillito, by and through his attorney, Douglas P.Roller, and, pursuant to Rule 33, Federal Rules of Criminal Procedure and this Court’s May 2,2012 Order files this corrected Motion for New Trial and moves this Court for entry of an ordergranting Defendant a new trial. In support thereof, Defendant states as follows.
DENIAL OF DUE PROCESS
1. Defendant respectfully submits that a new trial is warranted on the grounds thatDefendant was denied his Fifth Amendment right to due process as a result of sustainedgovernmental misconduct.
2. A number of instances of prosecutorial misconduct occurred at trial. Individually,and certainly collectively, these instances denied Defendant due process and a new trial must begranted. Included are the following:
a. Presentation of False Testimony
On direct examination, Elizabeth Stadjuhar testified in response toprosecutor’s question that she had taken only $12,000 from the lender’s ACHaccount. On cross-examination, she admitted she had actually stolen $81,000.
Case: 4:11-cr-00168-LRR Doc. #: 262 Filed: 05/02/12 Page: 1 of 9 PageID #: 3556