Evidence keyed to Waltz
United States v. Pheaster
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At trial, the prosecution attempted to introduce into evidence statements of two of the kidnapped individual’s friends who had been with him at the restaurant the night he disappeared. The friends testified to the effect that the kidnapped individual was going out to the parking lot to meet a man named Angelo from whom he was going to procure a pound of marijuana for free. The government said that they were offering the statements to show Larry’s state of mind, and only for that narrow purpose. The court allowed it, but gave an instruction to the jury admonishing them to only consider it for that purpose, but not for the truth or falsity of what he said. The Government argued that the statements were relevant to the fact that Larry did meet Angelo that night in the parking lot.
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