United States v. General Manuel Antonio Noriega
Jan 01, 1990OUTCOME: Thirty year sentence reduced to twenty years; defendant released from U.S. custody.
Jon May was co-counsel at trial, and lead counsel on appeal in United States v. General Manuel Antonio Noriega, the only ruler of a foreign nation ever criminally prosecuted by the United States. In ... Noriega, Jon May argued, and the Honorable William Hoeveler ruled, that prisoners of war have the right to file suit in federal court to enforce the various protections of the Geneva Convention. 808 F.Supp. 791 (S.D. Fla. 1992). In Noriega, the court also confronted the conflict between the defendant’s Sixth Amendment right to a fair trial and the First Amendment right of the press to be free from prior restraints. Jon May argued that the Sixth Amendment took precedence. The 11th Circuit subsequently upheld Judge Hoeveler and recognized that in some circumstances the rights of the accused are paramount. 917 F.2d 1543 (11th Cir. 1990). In Noriega, Jon May argued, and Judge Hoeveler upheld the right of an accused to have access to their own funds for use for his defense absent an evidentiary showing by the government that the money in question were tainted assets. 746 F.Supp. 1541 (S.D. Fla. 1990). Finally, in response to Jon May’s argument, Judge Hoeveler held that the court has the authority under its supervisory powers to dismiss an indictment if confronted with evidence of conduct by government agents shocking to the conscience of humanity. 746 F.Supp. 1506 (S.D. Fla. 1990). Attorney May also represented General Noriega in a successful effort to win a ten-year reduction of sentence, which resulted in his release from United States custody after serving twenty years in prison (he was later extradited to France and then to Panama).
