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Evidence keyed to Fisher
U.S. v. DiNapoli
Facts
Several Defendants were charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) following an alleged bid-rigging scheme involving the concrete industry and skyscraper construction contracts in Manhattan. The grand jury heard testimony from several witnesses, including that of Mr. DeMatteis (DeMatteis) and Mr. Bruno (Bruno) and offered the testimony at trial as prior testimony under Federal Rule of Evidence 804(b)(1). The lower court disallowed the evidence, citing the “similar motive” requirement of Rule 804(b)(1), which provides that testimony made by a witness at a prior hearing is not excluded by the hearsay rule when the witness is currently unavailable and if, “the party against whom the testimony is now offered . . . had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.”
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