JUDGE UPHOLDS LENIENCY DEAL MADE TO OBTAIN TESTIMONY

DENVER, Aug. 12 A prominent federal judge today handed prosecutors a
victory by ruling as legal the common practice of offering leniency to
defendants in exchange for testimony in criminal cases.

U.S. District Judge Richard P. Matsch's ruling was at odds with a
controversial decision made July 1, when the 10th U.S. Circuit Court of
Appeals in Denver ruled that leniency offers to cooperative witnesses
amounted to bribery.

The Justice Department said the appeals court decision would throw the
criminal justice system into chaos, particularly if other U.S. appeals
courts adopted it. The effect of the decision by the Denver-based appeals
court officially was limited to six western states that make up the 10th
Circuit.

On July 11, the appeals court agreed to review the controversial decision
made by a three-judge panel. All 12 appellate judges will reconsider it in
November.

In today's ruling in the case of three men accused of robbing a bank in
Colorado Springs, Colo., Matsch, who presided over the trials of the two
men charged with the Oklahoma City bombing, said leniency deals are
specifically authorized by law.

"It would be wholly inconsistent with this congressionally authorized
practice of plea agreements that provide leniency to defendants in exchange
for cooperation to hold that Congress intended to criminalize such
agreements," he wrote.

Copyright 1998 The Washington Post Company

Checked-by: (Joel W. Johnson)