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Judges: 11-year-old conviction had little probative value

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The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.

Phillip Rucker, Sheila Chandler and Jerry Haymon were indicted by a grand jury with engaging in a mortgage fraud scheme. Rucker was charged with one count of wire fraud for his participation and was later convicted and sentenced to 30 months in prison, one year of supervised release and ordered to pay nearly $74,000 in restitution.

Rucker recruited Leequiter Smith to purchase a property in Gary for $85,000; Haymon led the seller to believe that he would sell the property for $35,000. Chandler completed false documents to support Smith’s loan application and Rucker helped obtain a down payment for Smith from an acquaintance who claimed in a gift letter to be Smith’s brother. For his part in the scheme, Rucker received $10,000.

The issue in United States of America v. Phillip Rucker, 13-1297, is whether the District Court abused its discretion in finding that, under the circumstances, the probative value of Chandler’s 2000 prior conviction for thefts of public funds did not substantially outweigh its prejudicial effect.

“Rucker maintains that Chandler’s 2000 conviction for a theft concerning a program receiving federal funds was especially probative because it shows that her trial testimony, that she began lying in 2004, was false. Rucker, however, mischaracterizes Chandler’s testimony,” wrote Judge Frederick L. Kapala of the Northern District of Illinois, who was sitting by designation. “Chandler testified that she began to lie to mortgage lenders on behalf of buyers and to create false documents in 2004, not that she was never dishonest before 2004. As such, Chandler’s 2000 conviction does not have the probative value that Rucker assigns to it.”

He also claimed Chandler’s testimony was the “lynchpin of the government’s case against him.”

“Even giving Rucker the benefit of the doubt and assuming that the jury believed that Rucker truly thought the house was worth $85,000, the disbursement of $20,000 (nearly a quarter of the proceeds of the sale) to himself and Smith after the closing and the $4,000 contribution by Haymon was strong evidence that Rucker knew that fraud was afoot. Therefore, the jury did not need to rely on Chandler’s testimony alone to conclude that Rucker knowingly engaged in this scheme to defraud,” Kapala wrote.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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