United States v. Biaggi
United States Court of Appeals for the Second Circuit
909 F.2d 662 (2d Cir. 1990), cert. denied sub nom. Simon v. United States, 499 U.S. 904 (1991)
Relevant factsFree
At his corruption trial, Marriotta (defendant) was barred from introducing evidence that he had declined a government offer of immunity in exchange for information about codefendants' wrongdoing, which he argued showed he had no incriminating knowledge to trade; the prosecution, meanwhile, presented evidence suggesting consciousness of guilt (his wife's large account withdrawal into her own name), and Marriotta was convicted and appealed the exclusion of the immunity-rejection evidence.
IssueFree
Whether evidence that a defendant rejected an offer of immunity is barred by Federal Rule of Evidence 410.