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Evidence Keyed to Best
United States v. Schnapp
Citation:
322 F.3d 564 (2003).Facts
The store operated by Schnapp burned down. Schumacher conducted an initial investigation and told Schnapp the fire had probably started in the store’s furnace room ceiling. A subsequent investigation, conducted by the store’s insurance carrier, found the fire had probably been started by a human on the furnace room floor. Schumacher and the insurance carrier (Buxton & Pyr-Tech, Inc.) both wrote reports which attributed the fire to human origins.
During trial, Schnapp testified as to Schumacher’s initial statements that the fire had started in the room’s ceiling, after Schumacher had been cross-examined. During cross-examination, Schnapp’s counsel never asked Schumacher about the prior inconsistent statement.
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