Opinion
ID 8500068DI. IN 85-01-1546.
February 25, 2000.
Letter Opinion and Order on Defendant's Motion for New Trial . MOTION DENIED
Steven Wood, Esquire, Department of Justice, Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801
Kenneth Guinn, SBI #00162892 Unit Pretrial, Delaware Corrections Center, P.O. Box 500, Smyrna, DE 19977
Gentlemen:
Judge Balick is no longer on the Superior Court and Mr. Guinn's recent Motion for a New Trial, filed February 16, 2000, was referred to me. A copy of Mr. Guinn's Motion is enclosed with the Attorney General's copy of this letter.
The Motion is deficient in two respects. First, it appears to violate the time limits in Superior Court Criminal Rule 33. Second, it would seem, at the very least, that a Motion based on recanted testimony should be supported by a sworn statement by the witness making the recantation.
I note for the record that the name of the witness allegedly making the recantation is Correctional Officer John Brook, who was 35 years old at the time of the trial in June 1986. The Deputy Attorney General at trial was Jeffrey K. Bartels.
The Motion for New Trial is DENIED. IT IS SO ORDERED.
Sincerely,
William T. Quillen