Government Of The Virgin Islands v. Archibald
987 F.2d 180 (3d Cir. 1993)
Nature of the Case
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Facts
Latoya was ten years of age and living with her aunt, Marlene. When confronted by her mother, Ursula Williams, Latoya stated that she had engaged in sexual intercourse with D on three separate occasions. D would attract her attention at night by throwing rocks at her screen or by knocking on the window. She would let D in through a screen door and have intercourse with him. She liked D and knew that he was her sister Tasha's boyfriend. Ursula testified that she knew D because he was a neighbor and because he had fathered the child of her daughter Tasha. Tasha was fifteen years of age, and the child was six months old. Ursula revealed that D had engaged in sexual intercourse with Tasha when she was thirteen or fourteen-years-old. Such intercourse constitutes third-degree rape. D objected to the testimony under 404(b) in that evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. The court overruled the objection. It gave a limiting instruction such that the evidence was offered only to show how the witness knew D.
During cross-examination, D asked Ursula whether she had ever seen D and Latoya alone and whether she had ever 'overheard any conversations with Latoya and [Tasha] concerning D.' She answered in the negative to both questions. On re-direct, she testified that Tasha had told Ursula that D and Latoya were kissing while dancing at a party. In response to defense counsel's objection, the district court ruled that counsel had 'opened the door' to the disputed testimony.
D was convicted and appealed.
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