United States v. Dillon

870 F.2d 1125 (6th Cir. 1989)

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Nature of the Case

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Facts

D was charged with, and convicted of, supplying Edward Knezevich with cocaine. Knezevich obtained a pound of cocaine from D and sold it, through a pre-arranged deal, to Sheila Bezotsky. Bezotsky was cooperating with the FBI, and Knezevich was arrested. All those events took place in Columbus, where Dillon then lived. Knezevich was convicted and was subpoenaed to testify before a Grand Jury. On December 19, 1984, Knezevich told D that he would testify the next day before a Grand Jury and that he intended to tell the truth about D's role in the cocaine deal. Knezevich also testified that, as part of his agreement with the government, he would attempt to contact D, wearing a hidden tape recorder, on December 20; that he had tried to find D; and that he had failed to find him. D’s ex-wife testified that D did not keep his engagement to take custody of their children, on Christmas day, and for the next two years, D contacted her only by phone, and that she had no way of knowing whether he was in Columbus or not. D was arrested in Florida in June 1987 living under an assumed name. D did not deny to the FBI agent arresting him that he was Thomas Dillon. At trial, P attempted to prove that D had fled Columbus after learning about Knezevich's planned testimony. P claimed this flight proved D's awareness of his guilt of the crimes charged. D objected to this evidence at trial. On appeal, D contends that his departure from Columbus came at least two years after the alleged offense and well before the indictment was filed, so that he had 'nothing to flee from.'