United States v. Check

Detective Stephen Spinelli investigated Sandy Check (defendant), a New York City police officer, by posing as a cocaine buyer with the help of an informant, Cali, who arranged meetings with Check. At trial, after Cali refused to testify, the government (plaintiff) had Spinelli recount only his own side of his conversations with Cali -- including that Spinelli refused to front drug money, was upset Check hadn't brought promised cocaine, and wouldn't pay Check money Cali owed him -- while omitting Cali's actual statements, to avoid a hearsay problem. Check argued this testimony was really just a vehicle for smuggling in Cali's hearsay statements. The district court denied Check's motion to strike the testimony, and Check was convicted of cocaine possession with intent to distribute.