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Evidence Keyed to Park
United States v. Hogan
Citation:763 F.2d 697 (1985)
At a jury trial, the government asserted that the Hogan brothers were implicated in an operation that smuggled marijuana from Mexico into Texas. The falcrum of the government’s proof was the testimony of Mark Carpenter, the pilot of Barry Hogan’s airplane, allegedly used in the importing scheme. Following his release and return to the United States, he was called to testify before the jury in a related case pending in the same court in which the Hogans were later to be tried, but before a different judge. He denied that he or the Hogans had any involvement in a drug conspiracy. Carpenter was indicted for perjury. The prosecutor told the jury that he anticipated that Carpenter would testify that the Hogans were not guilty and that his statements implicating them were the result of torture. Following Carpenter’s testimony, the government called four DEA and embassy officials to impeach Carpenter’s story of torture and fabrication. Defendants objected to the use of such testimony as hearsay and improper impeachment, but these objections were overruled.
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