United States v. Frank

11 F.Supp.2d 314 (S.D.N.Y. 1998)

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Nature of the Case

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Facts

P provided formal notice to D, and to the Court, of its intention to offer evidence pursuant Rule 404(b). D is alleged to have been a drug dealer. D is accused of kidnapping his former girlfriend, transporting her across state lines, and killing her by setting fire to her car after locking her in the trunk. P argues that D killed Price because he feared that she was cooperating with police and was about to tell them where he kept his 'stash' of drugs; and P maintains that Price's murder represented the final event in a long history of domestic violence. P seeks to offer evidence of D's drug activities -- and Price's knowledge of those activities -- in order to establish a motive for killing her. P seeks to introduce evidence of prior abuse as probative of D's 'motive' and intent to kill Price. D contends that this evidence will unfairly prejudice the jury against him and that it will lead to jury confusion.