United States v. Murray

103 F.3d 310 (3rd Cir. 1997)

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Nature of the Case

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Facts

D was indicted and arrested along with two co-defendants for intentionally killing Juan Carlos Bacallo on January 28, 1992, while engaging in and working in furtherance of a drug distribution CCE. P called an informant named Brown to the stand. After D cross-examined Brown, the government called Lt. John Goshert, a Harrisburg police officer, to testify in support of Brown's reliability. D objected to Goshert's testimony on the ground that 'the character of Brown for truthfulness' had not been 'attacked by opinion or reputation evidence or otherwise,' Fed. R. Evid. 608(a), and that even if it had, Lt. Goshert's testimony violated Fed. R. Evid. 608(b)'s proscription on proof of specific instances of conduct by extrinsic evidence. The court overruled D's objection. Lt. Goshert explained that the Harrisburg police had 'made' 'in excess of 65' cases and had obtained 'numerous' search warrants as a result of Brown's services as an informant. D was convicted and appealed in part on Lt. Goshert’s testimony being allowed.