UNITED STATES OF AMERICA, PLAINTIFF, APPELLEE,
v.
DAVID MONAHAN, DEFENDANT, APPELLANT

1st Cir. | 1980-11-21
No. 80-1059
633 F.2d 984 United States Court of Appeals for the First Circuit (1980) Positive Treatment
Cited by 20 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Evidence of threats to a witness is admissible to show consciousness of guilt, and its probative value outweighs its prejudicial effect under Rule 403 when the conduct is not innocuous.


Facts & Procedural History

David Monahan was convicted of cocaine possession and appealed, arguing that evidence of a prior conviction for threatening a witness was improperly a…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

David Monahan appeals from a cocaine conviction under 21 U.S.C. §§ 841(a)(1) & 846. He claims that the district court improperly admitted evidence of his prior con-. viction for obstructing justice, which resulted from his threat of unspecified harm to a key witness should the witness testify in the cocaine case.* The court stated that the evidence was admitted to show consciousness of guilt rather than propensity for crime. Monahan refused the court’s offer to give a limiting instruction to the jury. Monahan now argues that under Rule 403 the probative value of this evidence is outweighed by its tendency to cause unfair prejudice.

We disagree. Evidence of threats to witnesses can be relevant to show consciousness of guilt. See Fed.R.Evid. 404(b). Although some conduct regarded as obstruction of justice may not be probative because it demonstrates only a preference to avoid legal involvement, the act here was not so innocuous. The offensiveness of threatening personal harm to a witness shows that Monahan was willing to take extreme measures to exclude pertinent evidence from the trial. This surpasses in nature and degree any innocent desire to avoid entanglement. The specificity of this conduct implies a knowledge and fear of particular and damaging testimony intimately related to the prosecution at hand-not a generalized distaste for the courtroom. Because the evidence implicated no irrelevant or collateral matters, any “prejudice” that arose did so only because of the evidence’s probative character. Rule 403 is not contravened by evidence that might show only that the defendant is guilty of the crime charged. See, e.g., United States v. Brashier, 548 F. 2d 1315, 1325 (9th Cir. 1976), cert. denied, 429 U.S. 1111, 97 S.Ct. 1149, 51 L.Ed.2d 565 (1977); United States v. Flick, 516 F. 2d 489, 495 (7th Cir. 1975); United States v. Franks, 511 F. 2d 25, 36 (6th Cir. 1975), cert. denied, 422 U.S. 1042 & 1048, 95 S.Ct. 2657, 45 L.Ed.2d 694, 95 S.Ct. 2667, 45 L.Ed.2d 701 (1975); United States v. Cirrillo, 468 F. 2d 1233, 1240 (2d Cir. 1972), cert. denied, 410 U.S. 989, 93 S.Ct. 1501, 36 L.Ed.2d 188 (1973).

We have no occasion in this case to consider whether a threat that is inflammatory ,• or macabre in content should be excluded7 under Rule 403. Cf. United States v. McManaman, 606 F. 2d 919, 926 (10th Cir. 1979) (“hearing and reading the taped conversation lead us to the conviction that the inflammatory talk of the plan of murders clearly must have predominated in impact over the discussion of drug dealing”); United States v. Check, 582 F. 2d 668, 685-86 (2d Cir. 1978) (recognizing the “severe prejudice” that can result from testimony of death threats); United States v. Weir, 575 F. 2d 668, 669-71 (8th Cir. 1978) (threats of three. assassinations, plus account of attempted killing resulting in bullet wound, held to be reversible error).

Affirmed.

*

The government advised us in oral argument that Monahan was tried for obstruction of justice before he was tried for cocaine possession by chance rather than by design.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (13 total)

View all 13 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw