United States v. Maccloskey

682 F.2d 468 (4th Cir. 1982)

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Nature of the Case

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Facts

Edwards was originally indicted with MacCloskey (D) and others for conspiring to murder Lansley and Skaggs. That indictment was dropped. At the beginning of trial, D made it known that Edwards would be called as a witness. Two days later the U.S attorney telephoned Edwards' attorney and told him that Edwards would be re-indicted if she incriminated herself during testimony at D's trial. This conversation was relayed to the trial court, and Edwards agreed to testify in a voir dire hearing. She testified after being warned of her Miranda rights and then stated that she knew nothing of the scheme nor did D ever say anything to her. This contradicted a Honeycutt's testimony of Edwards' involvement and was completely exculpatory to both her and D. On the day the trial began, D was advised that Edwards may not testify and the trial judge was informed that Edwards might invoke her Fifth Amendment privileges. Edwards then testified in voir dire that she was not concerned about incriminating herself but was not testifying because the U.S. Attorney's office had suggested that she had better remember the privilege of the Fifth Amendment. D moved for a mistrial in that he had been denied the use of a witness at trial and motioned that the prior voir dire testimony be admitted pursuant to Rule 804. These were denied. D was convicted and appealed.