United States v. Barrett

539 F.2d 244 (1976)

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Nature of the Case

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Facts

Barrett's (D) nickname was 'Bucky.' He was allegedly involved in a conspiracy regarding the theft of stamps from a philatelic museum. Ben Tilley was an alleged co-conspirator of D but died prior to trial. 'Buzzy' Adams testified against D in return for immunity from prosecution. One of D's witnesses was Melvin, a portion of whose testimony concerned a conversation he had had with Tilley. D made an offer of proof that Melvin would testify that Tilley had said that he and Bucky or Buzzy were going to have some trouble because of the 'stamp theft matter.' Melvin asked Tilley if he meant Bucky or Buzzy. Tilley said, 'No, Bucky wasn't involved. It was Buzzy.' D argued that the conversation was admissible under the statement against interest exception because it was clearly against Tilley's penal interest since Tilley himself was involved in the theft. The trial court, however, found that the portion of the statement which tended to exculpate D was not against Tilley's interest, and refused to admit it. D appealed his conviction.