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United States v. Sposito
United States Court of Appeals for the First Circuit
106 F.3d 1042 (1997)
Michael Sposito (defendant) was charged with aiding and abetting illegal gambling. Previously, Louis Padova had testified at the trial of Arthur Marder, who was accused of running an illegal video-poker business. In his testimony at that trial, Padova testified under oath that Marder had said he was “paying everyone.” At Sposito’s trial, Padova refused to testify. Hence, the government (plaintiff) introduced Padova’s prior testimony at Sposito’s trial. Padova’s prior testimony was offered to prove that Marder protected his illegal video-poker business by having Sposito pay off local politicians. Aside from Padova’s prior testimony, there was no evidence that indicated what Marder told Padova. The district court admitted Padova’s prior testimony. Subsequently, Sposito was convicted. Sposito appealed.
Rule of Law
Holding and Reasoning (Torruella, C.J.)
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