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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

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  5. 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.

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