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Evidence keyed to Fisher
United States v. Whitmore
Citation:
359 F.3d 609 (D.C. Cir. 2004)Facts
On November 1, 2001, Officer Russell of the Metropolitan Police Department directed a crowd at a bus stop to disperse. Whitmore did not comply and fled when Russell approached him. Officer Soto, patrolling nearby, pursued Whitmore and testified that he saw Whitmore throw a gun toward an apartment building. Soto apprehended Whitmore and recovered a firearm from a window well showing signs of recent impact. Police found cocaine base in Whitmore’s pocket but no fingerprints on the weapon. At trial, Whitmore’s defense theory was that Soto fabricated the story and planted the gun. The district court prevented Whitmore from cross-examining Soto about three matters: a 1999 Superior Court judge’s finding that Soto had lied under oath, Soto’s suspended driver’s license and failure to report it to supervisors, and Soto’s failure to pay child support. The court also excluded three character witnesses Whitmore sought to call to testify about Soto’s reputation for untruthfulness.
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