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Lugo v. State2/20/2003
. Therefore, Jean-Mary is inapposite. No relief is warranted.
Brady Violations
Lugo contends that two violations of Brady v. Maryland, 373 U.S. 83 (1963), occurred, each of which warrants a new trial or entitles Lugo to conduct further discovery on the matter. We determine that each assertion is without merit.
Lugo first contends that a Brady violation occurred due to the State's failure to disclose its knowledge of the federal investigation of Marc Schiller for Medicare fraud. Schiller was presented as a witness by the State during the guilt-innocence phase regarding the events surrounding his abduction and his loss of assets. The record reflects that Lugo was aware Schiller would testify during trial. Moreover, the record establishes that through a pretrial deposition of Jorge Delgado, Lugo knew not only that Delgado may have been involved in Medicare fraud, but also that Delgado had alleged Schiller was also involved in the fraud. At a post-trial Richardson hearing on the matter, the State indicated that it turned over knowledge of Delgado's possible involvement to federal authorities. The State denied having knowledge that Schiller was the specific target of a federal investigation, and stated that Schiller had denied involvement in Medicare fraud when questioned. The State further denied having made any deals with Schiller to speak with federal authorities on his behalf in exchange for favorable testimony at Lugo's trial. Most important, Lugo failed to present any evidence at the hearing that the State either withheld any document or other knowledge of the possibility of a federal investigation into Schiller's Medicare activities, or that the State had made a deal with Schiller to speak with federal authorities in exchange for favorable testimony. The trial judge denied Lugo's motion for a new trial or, in the alternative, a new round of discovery concerning the State's knowledge of Schiller's indictment on Medicare fraud charges. This decision was not erroneous.
The three elements of a Brady claim are: (1) The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; (2) the evidence must have been suppressed by the State, either willfully or inadvertently; and (3) prejudice to the defendant must have ensued. See Way v. State, 760 So. 2d 903, 910 (Fla. 2000). Even if Lugo could establish the first element, he cannot satisfy either the second or third elements, because he was fully aware of Schiller's possible involvement in Medicare fraud and therefore cannot establish how he was prejudiced by the State's alleged failure to disclose its knowledge of Schiller's activities with regard to Medicare. That Schiller was subsequently indicted on federal Medicare fraud charges is of little import in the wake of Lugo's failure to establish that the State knew of Schiller's pending indictment or had any involvement with it whatsoever. We further note that Lugo had a full opportunity to cross-examine Schiller, contrary to Lugo's contention. Lugo contends that because he was not allowed to ask Schiller why he and his co-defendants believed that Schiller committed Medicare fraud, his right to cross-examine an adverse witness was violated. The trial court sustained the State's objection on the basis that the question called for speculation on Schiller's part. We determine that the trial court did not err in sustaining the objection, and that its action did not impinge on Lugo's right to a vigorous cross-examination of Schiller. Moreover, this incident was isolated and did not affect Lugo's right to a fair trial. No relief is warranted on this issue.
Lugo next argues that a Brady violation occurred due to t
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