In prosecution on firearms charge, Dist. Ct. did not commit reversible error prohibiting defendant from cross-examining government witnesses about lack of DNA evidence tying him to firearm that was used in shooting. Ct. of Appeals, in affirming defendant’s conviction, found that any error was harmless, where any exclusion of cross-examination about DNA evidence did not contribute to instant guilty verdict, where: (1) evidence against defendant was overwhelming; (2) defendant’s ex-girlfriend identified defendant as shooter; (2) firearm used in shooting was found in trunk of car driven by defendant; and (3) red sweatshirt worn by shooter that was identified by two witnesses and victim of shooting was also found in said car. Moreover, fact that police failed to conduct DNA testing would have added little, if anything, to defendant’s defense, and circumstantial evidence against defendant was robust.
Federal 7th Circuit Court
Criminal Court
Evidence