United States v. Pisari

636 F.2d 855 (1st Cir. 1981)

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Nature of the Case

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Facts

Pisari (D) was charged with the robbery of a postal installation. At trial, D denied having ever performed a robbery by knife. The court allowed Coombs, a government agent, to testify for impeachment purposes that D had stated that he had robbed a drug dealer with a knife and told him that he had previously engaged in the robbery of a drug dealer using a knife. This evidence was admitted as proof of a prior inconsistent statement relevant to D's credibility. D was convicted and appealed. The Court of Appeals reversed, holding that Coombs' testimony was neither admissible as a prior inconsistent statement for purposes of impeachment nor as independent proof of D's identity. Upon petition for rehearing by the government (P), the opinion was withdrawn and reconsidered.