# United States v. Orena, 145 F.3d 551 (2d Cir. 1998)

Canonical: https://mobfiles.org/items/courtlistener-us-v-orena-145-f3d-551/

The Second Circuit reversed a grant of new trials to three Colombo family defendants that had been based on undisclosed statements by Gregory Scarpa Sr. to the FBI. It recounts trial testimony that a truce broke down in November 1991 when members of the Orena faction attempted to kill Scarpa.

United States Court of Appeals, Second Circuit, argued March 6, 1998 and decided June 3, 1998. The government appealed from a district court order granting new trials to three Persico-faction defendants because statements Gregory Scarpa, Sr. had made to the FBI were not disclosed. The defendants are not named here.

The court recounts the trial evidence of the Colombo family war: "A truce organized by representatives of the other organized crime families of La Cosa Nostra broke down in November 1991 when members of the Orena faction attempted to kill Gregory Scarpa, Sr." It notes the defense theory that "Scarpa was widely believed to be a government informant" and had personal motives for the killings. The court wrote that "The fact that Scarpa lied to the FBI about his own involvement in other murders does not, in and of itself, constitute affirmative evidence that he (and not appellees)" committed the murders charged.

The judgment was "affirmed insofar as it denied appellees' motions to dismiss the indictment, reversed insofar as it granted appellees' motions for a new trial," and remanded. The opinion records Scarpa as an informant and as a target of violence; it does not record testimony by him.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/754736/united-states-v-orena/