United States v. Aguiar
United States Court of Appeals for the Second Circuit
975 F.2d 45 (2d Cir. 1992)
Relevant factsFree
After agreeing to cooperate and testify against Aguiar regarding a heroin-trafficking scheme, witness Albino refused to testify at trial after Aguiar threatened him and his family, prompting the prosecution to introduce Albino's prior statements to law enforcement following a hearing at which the district court found Aguiar had procured Albino's unavailability through those threats.
IssueFree
Whether an unavailable witness's prior, out-of-court statements are admissible if the defendant procured the absence of the witness.