United States v. Rosario-Pérez
United States Court of Appeals for the First Circuit
957 F.3d 277 (2020)
- Written by Sean Carroll, JD
Facts
Setiawan (defendant) was charged with various drug-related crimes. As part of its case, the prosecution (plaintiff) introduced evidence that Setiawan killed Teton, a drug dealer, at a drug-distribution point. Setiawan sought to call Luis Rivera-Melendez (defendant) as a witness to testify that he saw someone else, Cascote, kill Teton. Rivera-Melendez, however, invoked his Fifth Amendment right against self-incrimination, rendering him unavailable as a witness. Instead, Setiawan attempted to call Miriam Ramos-Grateroles as a witness. Ramos-Grateroles had been present when Setiawan’s attorney interviewed Rivera-Melendez. Ramos-Grateroles heard Rivera-Melendez state that he had seen Cascote kill Teton at a drug distribution point. Setiawan argued that Ramos-Grateroles’s testimony was admissible because it relayed a statement by Rivera-Melendez that was against Rivera-Melendez’s penal interest in that it placed Rivera-Melendez at a drug distribution point. The district court excluded Ramos-Grateroles’s testimony on the ground that it would be inherently unreliable. Setiawan was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Howard, C.J.)
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