context: . To be clear, the District Court made no factual findings regarding the voluntariness of Awadallah's grand jury testimony and, instead, determined that suppression of his testimony was appropriate because "[n]o one will ever know how Awadallah would have testified had he been subpoenaed rather than imprisoned."
citation_a.signal: cf.
citation_a.identifier: 202 F.Supp.2d 17, 37
citation_a.parenthetical: noting, in rejecting Awadallah's recantation defense, that "the questions of whether he was 'confused' or 'forgot' may be relevant to the issue of whether he knowingly lied to the grand jury"
citation_a.sentence: Cf. United States v. Awadallah, 202 F.Supp.2d 17, 37 (S.D.N.Y.2002) ("Awadallah II ”) (noting, in rejecting Awadallah’s recantation defense, that "the questions of whether he was 'confused' or 'forgot' may be relevant to the issue of whether he knowingly lied to the grand jury”).
citation_b.signal: see also
citation_b.identifier: 202 F.Supp.2d 100, 100
citation_b.parenthetical: and not unlawfully arrested and detained prior to his testimony
citation_b.sentence: Awadallah III, 202 F.Supp.2d at 82 (rejecting the government’s inevitable discovery argument); see also Awadallah IV, 202 F.Supp.2d at 100. In so holding, the District Court reviewed the conditions of Awadallah’s confinement and the circumstances of his testimony before the grand jury and concluded that, if he had been subpoenaed before the grand jury (and not unlawfully arrested and detained prior to his testimony), he "would have been well-fed and well-rested, well-prepared and probably less frightened.”