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Evidence Keyed to Sklansky
United States v. Truman
Citation:
688 F.3d 129 (2d Cir. 2012)Facts
The defendant’s son had been arrested for burning down a building the defendant owned. The son pled guilty to third-degree arson pursuant to a cooperation agreement with the district attorney. The defendant was later tried for arson with his son as the main witness against him. At the federal trial, the government called the son as a witness. When the government asked the son about why he set the fire and about the contents of his conversations with his father, the son refused to answer. Over the defendant’s objection, the Government read portions of the son’s testimony from the defendant’s state court trial, in which the son confirmed that his father had asked him to start the fire. The jury found the defendant guilty. However, the district court granted a new trial because it believed that the son’s state court testimony was inadmissible hearsay.
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