Government Of The Virgin Islands v. Roldan
612 F.2d 775 (3rd Cir. 1979)
Nature of the Case
To access this section all you need to do is click here and register.
Facts
Enrique Garcia was found dead in a yard close to D's property. His body revealed multiple stab wounds. An autopsy disclosed that the stab wounds were the cause of death. D, who was a neighbor of the owners of the yard where the body was found, was arrested and charged with first-degree murder. Blood was found in and around D's house, on some articles of clothing and on D's person. A blood-stained machete, which fit the autopsy description of the murder weapon, was found atop an outhouse in D's yard. Testimony included that of Luz Maria Cruz, the wife of D's nephew. Cruz was called by the Government. Defense counsel's cross-examination began as follows:
Q Mrs. Cruz, I am a lawyer for Mr. Roldan, I am going to ask you a few questions.
Now, have you known Mr. Roldan for two or three years?
A Yes. I am married to my husband since 1961, ever since I know him.
Q Do you ever see people other than Mr. Roldan going to his house?
A No.
Q Would you say that he is a lonely unsociable fellow?
A He is a man that never bother anybody.
P contends that D's counsel introduced evidence of D's good character, thereby allowing the Government to impeach Cruz' testimony on redirect examination. D's attorney refused to retract the question or to move to strike the answer. D also objected to P's proposed impeachment. The district court then made clear to D that P would be allowed to question Cruz about a prior conviction.
On redirect examination, Cruz was asked the following questions by the Government:
Q Mrs. Cruz, you are aware, are you not, that the Defendant was convicted previously of murder in the 1st degree?
MR. JOHNSON: (defense counsel) I object to the question and ask that it be stricken and the jury instructed to disregard.
THE COURT: I will overrule the objection on the grounds I previously stated.
A (By the witness) Yes, I knew about that.
Q (By Mr. Schwartz (Assistant U.S. Attorney)) You knew he was convicted of murder in the 1st degree?
A Yes, sir, I have known of that.
Q And you would still say he is a man who never bothers anyone?
A Now, yes, I have to say that.
D was convicted and appealed.
Support@ bsmsphd.com
Casebriefs Co