In what circumstances will a newly discovered alibi witness be treated as a suspect?

The cases cited by the government for the proposition that newly discovered alibi witnesses should be treated as suspect are simply not applicable. In Cuevas v. Henderson, 801 F.2d 586, 591 (2nd Cir. 1986), the court considered impeachment of alibi witnesses with the fact that they failed to come forward earlier to provide law enforcement with their statements. However, that impeachment can only be effective where the witness "was familiar with the means to make such information available to law enforcement authorities." 801 F.2d at 591. Witnesses in Pakistan can hardly be charged with knowledge of how to provide statements to American law enforcement or with knowledge of the American legal system generally. In the second case cited

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