United States v. Ince

21 F.3d 576 (4th Cir. 1994)

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Nature of the Case

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Facts

A rap concert and dance ended abruptly when members of two of the bands performing there got in a scuffle. Shortly thereafter, a black male wearing an orange shirt or jacket fired a nine-millimeter pistol twice at trucks leaving the Recreation Center's parking lot. D, Angela Neumann, and two of their friends hopped in their van and headed for Pence Gate. They were stopped by military police. Police asked the drivers and passengers to stand on the curb. Two men whose vehicles had also been pulled over identified D as the black male who had fired the shots in the parking lot, although they noted that he was no longer wearing an orange shirt. Police took a signed, unsworn statement from Neumann that D had admitted to firing the shots, but said he no longer had the gun. Neumann was called to the stand. When her memory failed her, the prosecution attempted to refresh her recollection with a copy of the signed statement that she had given on the night of the shooting. Even with her recollection refreshed, she testified that she could no longer recall the details of her conversation with D. Over D’s objections, P then called the officer to testify as to what Neumann said. The jury deadlocked. The same events occurred at the second trial but this time D was convicted. D appealed.