United States v. Doe, No. 06-4124-cr (2d Cir. August 13, 2008) (Kearse, Pooler, CJJ, Cote, DJ)
Defendant John Doe, along with others, was charged with “an array” of drug and gun offenses, racketeering, robbery and two murders. He expressed an interest in trying to cooperate with the government, but the government declined. Two year later, he tried again, writing a letter to the government asking to explore the possibility of cooperating. The government again said no.
At a reverse proffer, the government revealed that it had a series of letters that Doe had written to his girlfriend; in them Doe confessed to a number of crimes and also repeatedly discussed his desire to cooperate. The government offered Doe a forty-five year plea agreement – he faced life after trial – and also told him that the government would give those letters to his co-defendants if he went to trial. A …