Admittance of hearsay evidence harmless error, rules 7th Circuit

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The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.

Munster Police Detective Timothy Nosich drove by a car containing Lorenzo Mosley and Sheryl Simmons. Nosich noted the woman left the car quickly after he passed by. Nosich followed Mosley’s car and pulled him over for a traffic violation. He found marijuana, crack cocaine and a large amount of cash in the car or on Mosley.

Shortly thereafter, police spoke with Simmons, who was carrying a bag of pot scrubbing pads – which are commonly used as filters in crack pipes. She turned over four little yellow baggies that contained the crack cocaine and said she already used the fifth bag she purchased.

When arrested for driving on a suspended license, Mosley was on supervised release. His probation officer sought revocation of the release and alleged several offenses, including distributing cocaine. Mosley disputed this alleged violation, because if the judge found it to be true, he would spend longer time in prison.

The District Court allowed Nosich to testify regarding what Simmons had told him and played a video of her being interviewed for the judge. Mosley objected, but the judge allowed it. Simmons did not testify in person. The judge ordered Mosley sentenced to 21 months in prison.

“In this case, the district court failed to balance Mosley’s constitutional interests in confrontation and cross-examination with the government’s reasons for not producing the witness. This was an error under Rule 32.1. Further, we cannot conclude that the district court would have admitted the hearsay if it had properly balanced the interests because, even if the hearsay was reliable (which we think it was), the government has offered no reason whatsoever for failing to produce Simmons. Accordingly, there is nothing in the record to balance against Mosley’s interest,” Judge Daniel Manion wrote in United States of America v. Lorenzo Mosley, 13-3184.

But this error was harmless because the violation of supervised release would have been found even without the hearsay evidence. The government presented strong circumstantial evidence that Mosley had sold Simmons the drug. The detective witnessed what he believed to be a drug deal and Mosley had a history of selling crack cocaine in little yellow baggies – the same kind that Simmons surrendered to police.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...