United States Court of Appeals for the Seventh Circuit
814 F.2d 1208 (7th Cir. 1987)
Moses Sweiss (defendant), the manager of a grocery store, was charged with conspiring to commit arson on a competing store. Bassam Faraj, a coworker of Sweiss’s, agreed to wear a wire for law enforcement and recorded two conversations between him and Sweiss. The first conversation occurred in August and the second in September. At trial, the prosecution introduced a transcript of the September conversation. Sweiss then sought to introduce a transcript of the August conversation, but the trial court denied his request. In seeking to admit the transcript, Sweiss’s counsel did not specifically argue that the transcript should be admitted under the rule of completeness, nor did he mention Rule 106 of the Federal Rules of Evidence or any of its contents. Sweiss was convicted and he appealed.
Rule of Law
Holding and Reasoning (Flaum, J.)
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