Brief on rehearing en banc for Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellant.
Argument: The district court’s denial of Appellant’s motion to compel the testimony of co-defendant, which if granted could have conferred judicial immunity for that testimony was reversible error. “Government speculation that a witness might commit perjury cannot override the defendant’s constitutional right of access to evidence that could contribute to the establishment of reasonable doubt.” (Br. at 3-11.) “In reaffirming the defendant’s right to compel witness testimony, the court should make clear that ‘exculpatory and essential’ evidence is evidence that could contribute substantially to raising a reasonable doubt.” (Br. at 11-15.)