In prosecution on drug conspiracy and drug distribution charges, Dist. Ct. did not abuse its discretion in allowing witness to testify that on certain drug run, defendant put gun to her head and threatened to kill her if she talked to police. While defendant argued that admission of said evidence violated Rule 403 because it was too prejudicial due to its reference to potential murder of witness and was cumulative to other admitted evidence, Ct. of Appeals found that said testimony was admissible because it was brief, not cumulative, and probative, since it explained why witness was initially reluctant to name defendant as member of conspiracy once witness had been detained by police, and why defendant was able to control some members of said conspiracy. Ct. further rejected defendant’s claim that prosecutor made improper remarks during closing argument that denied him fair trial, since remarks linking him to Dante’s Inferno were brief, and since record contained overwhelming evidence of defendant’s guilt on charged offenses, where: (1) defendant admitted he was drug dealer; and (2) record showed existence of pooled funds as well as shared drug supplier and customers, and existence of coordination among defendant and others in distribution of drugs.
Federal 7th Circuit Court
Criminal Court
Evidence