The following excerpt is from United States v. Kaplan, No. 16-3985(L), No. 17-107(CON), No. 17-108(CON), No. 17-377(CON), No. 17-927(CON) (2nd Cir. 2018):
The defendants argue that the government, during its rebuttal summation, improperly argued that they were guilty by pointing to the eight cooperating witnesses' guilty pleas. "While it is impermissible for a prosecutor to suggest to a jury that the conviction of a testifying co-conspirator is evidence that a defendant on trial is guilty," this rule does not preclude disclosure of cooperators' convictions for proper purposes. United States v. Louis, 814 F.2d 852, 856 (2d
Page 10
Cir. 1987). Such purposes include "invit[ing] the jury to consider the implausibility of [a defendant's] claim that the witnesses were all committing perjury." United States v. Rodriguez, 587 F.3d 573, 583 (2d Cir. 2009).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.