United States v. Hogan
United States Court of Appeals for the Fifth Circuit
763 F.2d 697 (5th Cir. 1985)
The Hogans (defendants) were charged with importing marijuana after their pilot, Mark Carpenter, was arrested at the planned drug-transfer site and initially made statements implicating both himself and the Hogans. At a later grand jury proceeding, Carpenter recanted, claiming neither he nor the Hogans were involved and that his earlier confession was coerced through torture. At trial, the prosecution called Carpenter as a witness knowing he would testify to that same recantation, then used DEA and other officials to impeach him by showing he never complained of abuse in custody -- undermining his torture claim and effectively reinstating his original confession implicating the Hogans. The jury convicted the Hogans over their objection to Carpenter being called at all.
Whether the prosecution may call an adverse witness for the primary purpose of impeaching him, in order to place before the jury otherwise inadmissible substantive evidence of the defendants' guilt.