United States v. Piccinonna

885 F.2d 1529 (1989)

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Nature of the Case

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Facts

Piccinonna (D) was involved in the waste disposal business. He testified before a Grand Jury which was investigating antitrust violations in the business, regarding an agreement among certain garbage companies not to solicit each other’s business. D testified that he had never heard of any such agreement. However, the Grand Jury heard testimony from other witnesses implicating D in just such an agreement. D was indicted on four counts of perjury. Prior to his trial, D requested that the government stipulate to the admission of the results of a polygraph test which would be administered subsequently. The government refused; D took the polygraph anyway and claimed that it left no doubt that he did not lie before the Grand Jury. The lower court held a hearing on the admissibility of the polygraph on D's motion. The court refused to admit it, and D was convicted.