02-3054 Simental v. Matrisciano

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“[T]he disclosure of this one additional agreement would have been of no importance to the ultimate outcome.

“At trial, Contreras was heavily impeached. He testified that he was the second-highest member of the MLD and that the gang was involved in trafficking drugs, guns, and bombs and often ‘hurt[ ]’ members of other gangs. He stated, moreover, that his home was used as the gang’s headquarters and that he took part in all of the gang’s activities. Contreras further admitted that he had a prior conviction for possession of marijuana, that he provided the sawed-off shotgun and pipe bomb used in Montalvo’s murder, and that he drove the getaway car for Buckner and Simental. Contreras also testified that he lied to both Velasquez and the police about the murder. With respect to his agreement with the government, Contreras told the jury that he made the deal only after the police arrested him on other charges, gave him $800, and promised to relocate him. He further admitted that he violated the terms of the first deal and had to broker another agreement. Finally, Contreras stated that in return for his testimony, the State agreed to drop any charges against him based on the Montalvo murder, his unlawful use of a weapon charge, his aggravated battery charge, his mob action charge, his attempted robbery charge, his criminal damage to property charge, his unlawful use of a weapon by a felon charge, and also his unlawful possession of a weapon by a felon charge. While true, as Simental argues, that some of these offenses are not as serious as the Martinez beating, the evidence at trial overwhelmingly established that Contreras was no saint. The jury was fully aware of his role in the gang (including that he was involved in a bombing and murder), his prior criminal history, and the benefits to him testifying. In other words, the jury knew that Contreras had tons of warts; another one or two would have made no difference. Considering all this, it was reasonable for the state appellate court to conclude that the jury’s assessment of Contreras’s credibility would not have changed if it also knew about the Martinez beating.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Gettleman, J., Evans, J.