Marcello v. United States
Headline: Carlos Marcello’s bail request denied immediate relief and sent to the full Court for review after Justice Black flagged possible FBI provocation and withheld-evidence issues involving press contacts, leaving his conviction in place.
Holding:
- Delays any release on bail while the full Court reviews the application.
- Highlights prosecutors’ prior knowledge of FBI contacts with the press.
- Triggers full-Court review of alleged withheld evidence and agent conduct.
Summary
Background
Carlos Marcello, a defendant with a long history of federal prosecutions, was convicted in 1968 of assaulting an FBI agent and sentenced to two years and a $5,000 fine. His conviction was affirmed on appeal and this Court refused further review. In 1970 Marcello filed a motion for a new trial alleging the Government suppressed favorable evidence and a separate motion under §2255 alleging the chief Government witness perjured himself; both motions were denied and appeals are pending in the Fifth Circuit. The Court of Appeals refused to continue Marcello on bail while those appeals proceed.
Reasoning
Justice Black summarized facts showing FBI agents in New Orleans had alerted the press to Marcello’s airport arrival, an agent posed as a passenger, and another agent carried a camera; a crowd of reporters followed Marcello and a brief scuffle occurred. Trial counsel argued the Government provoked the incident. Prosecutors had denied possessing favorable evidence, but the record showed FBI contacts with the press and that prosecutors knew of those contacts before trial. Black said this evidence was plainly relevant to Marcello’s defense and that the Government’s denial seemed incredible, raising questions worthy of review. Because he was not sure other Justices would agree, he took no immediate action and referred the bail application to the full Court at its next meeting.
Real world impact
The referral delays any release on bail and sends issues about government agent conduct and possible withheld evidence to the full Court for review; this ruling is procedural, not a final decision on guilt or innocence.
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