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7th Circuit ends use of inextricable intertwinement doctrine

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The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to inextricable intertwinement is unavailable when determining a theory of admissibility.

Jamarkus Gorman challenged his perjury conviction after testifying falsely before a grand jury. Gorman’s brother was the subject of drug trafficking and money laundering investigations. Police learned his brother had a Bentley and wanted to seize it as proceeds of the brother’s illegal drug activity. Police met with Gorman at his gated condominium complex and asked if he knew of the Bentley and whether it was stored in the condominium complex’s garage. Gorman said he didn’t know of a Bentley, and lied to police about which parking spots in the garage he owned. After police left because they didn’t see the Bentley, Gorman had several people help him tow the car out of the garage and abandon it. They also pried open the trunk which contained money used to pay accomplices.

When testifying before the grand jury as part of the indictment process for the money laundering charges, Gorman said he never had a Bentley in his garage. Before his perjury trial, the District Court admitted certain witness statements about the car theft and his retrieving money out of the trunk. The District Court concluded the evidence was admissible under the inextricable intertwinement doctrine.

In United States of America v. Jamarkus Gorman No. 09-3010, the Circuit Court spent time analyzing the admission of the evidence and overruled its prior line of cases that allowed for admission using the inextricable intertwinement doctrine.

“There is now so much overlap between the theories of admissibility that the inextricable intertwinement doctrine often serves as the basis for admission even when it is unnecessary,” wrote Judge Michael Kanne. “Thus, although this fine distinction has traditionally existed, the inextricable intertwinement doctrine has since become overused, vague, and quite unhelpful.”

They found the District Court didn’t need to resort to the inextricable intertwinement doctrine to admit the evidence. Even though it was admitted using that doctrine, it made no practical difference to the outcome of admissibility. The judges found the evidence was properly admitted as direct evidence instead and the probative value of that evidence was not substantially outweighed by any unfair prejudicial effect on Gorman.

They also found a little merit in Gorman’s argument that he never “had” the Bentley because he didn’t own it, so he couldn’t have lied on the stand.

“We agree initially with Jamarkus that “to have” has more than one meaning,” wrote Judge Kanne. “But what Jamarkus ignores is that our precedent dictates that even when a question or answer is ambiguous, a conviction may still be upheld if a jury has been called upon ‘to determine that the question as the defendant understood it was falsely answered….’”

There was ample evidence of conduct that is consistent with Gorman’s possession of the Bentley, including his storage of the vehicle and implicit claims he owned the car.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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