Texas man's conviction overturned because of Fifth Amendment violation

September 9, 2014 4:45 PM Share with others:

By Torsten Ove / Pittsburgh Post-Gazette

A federal appeals court today overturned the conviction of a Texas man on drug charges, saying the government violated his Fifth Amendment right against self-incrimination during his trial here.

Gathon Shannon, 48, of Houston, described by the U.S. Drug Enforcement Administration as a courier in a Texas-to-Beaver County cocaine ring, was convicted by a federal jury and sentenced in 2013 to 20 years.

But a three-judge panel of the U.S. 3rd Circuit Court of Appeals today ruled that the prosecution violated his rights in cross-examining him about his silence following his arrest in 2011.

The circuit judges vacated the sentence imposed by U.S. District Judge Alan Bloch and ordered that Mr. Shannon receive a new trial.

Mr. Shannon was among a group of accused conspirators targeted by the U.S. attorney's Organized Crime and Drug Enforcement Task Force, which said the ring supplied much of Beaver County's cocaine demand from 2009 to 2011.

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Texas man's conviction overturned because of Fifth Amendment violation