Last Wednesday, U.S. District Judge Joan Lefkow ordered a new trial for 4 men convicted of running a drug ring associated with the Gangster Disciples street gang in Chicago. While they all still face sentencing, it’s likely that their prior sentences could be reduced due to the discovery that a key witness, who was given a reduced sentence deal by the government, lied on the stand.

The witness, Senecca Williams, claimed to have seen one of the defendants, Brian Wilbourn, packaging narcotics and discussing the drug business at the apartment of another defendant, Rondell Freeman. The witness said that these incidents occurred in late 2002 and early 2003. Wilbourn was in prison from April 2002 until September 2005, making the testimony impossible. In fact, Freeman didn’t even live in that apartment in 2002. When approached about the issue, prosecutors denied that Wilbourn was behind bars and the witness never clarified or fixed his testimony.

Williams originally was to be tried along with the other defendants, all facing 20 years to life. After his agreement with the government, Williams only faced 5 years – more than enough motivation to lie and do what he could to shorten his prison sentence.

Judge Lefkow challenged U.S. Atty. Rachel Cannon on her conduct at trial, but Cannon and other prosecutors stand by their witness’ testimony.

According to the opinion, Cannon argued in court that Williams was testifying about a broad period of time and, while he might be wrong about specific dates, “the facts remain true.”

When Lefkow reminded Cannon that she has an obligation to make sure the evidence she puts on is true and accurate, Cannon told Lefkow, “And we stand by everything that’s been presented, Your Honor.”

Prosecutors argued that they did not knowingly use perjured testimony. But Lefkow wrote that she could not accept prosecutors’ “glib assertion” that Williams was only mistaken in his testimony. What’s more, she said it was “beside the point” whether Williams was lying or mistaken.

Prosecutors are currently looking over their options, and it’s likely that they will ask Lefkow to reconsider or, more likely, file an appeal.

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