United States V. Smith

A jury found five Orange, New Jersey police officers-- Thomas Smith, Brian Smith, Andrew Garth, Tyrone Payton, and Andrew Carpinteri--guilty of conspiring to violate Earl Faison's civil rights in violation of 18 U.S.C S 241. Thomas Smith, Brian Smith, and Andrew Garth were also convicted of substantive crimes in violation of 18 U.S.C.S 242. Following this verdict and upon the motions of the Defendants, the District Court issued a Fed. R. Crim. P. 29 post-verdict judgment of acquittal as to the conspiracy conviction of each officer. The government appeals, claiming that the District Court applied the wrong standard of review in overturning the jury verdict, misinterpreted Third Circuit conspiracy law as stated in United States v. Gibbs, 190 F.3d 188 (3d Cir. 1996), and incorrectly failed to consider evidence of concerted actions of concealment among the officers after the victim's death. We will reverse and reinstate the conspiracy convictions of each officer.