The following excerpt is from United States v. Mele, 462 F.2d 918 (2nd Cir. 1972):
In this case it is clear from its very inception that the prosecution labored to keep vital information from the defense, the trial judge and the jury. In addition, in some official narcotics agents' reports slanted information was inserted and produced to the defense, the judge and the jury in order to enshroud the Government's initial deceit. Moreover, its initial equivocal statement both with the trial court and with us stating there was "no credible and relevant evidence" to support the charge that the Government had planted a paid informer within the intimate circle of the defense, even to the extent of his attendance at the defense table during the trial, is beyond our comprehension3 and cannot be condoned. In our detailed examination of the pleading, the evidence and the argument of counsel we cannot say that in the light of these deliberate excisions, slanted reports and misrepresentations made again and then againthat the jury could not in any reasonable likelihood have been affected in its verdict. Giglio v. United States, supra; Napue v. Illinois, 360 U.S. 264, 271, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959).
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