United States v. McKeon

Bernard McKeon (defendant) was prosecuted for illegally exporting firearms, with the government's case resting on incriminating photocopies allegedly made by McKeon's wife. His first two trials ended in mistrials; the same attorney represented him at both the second and third trials, but the attorney's opening statement changed dramatically between them -- at the second trial he asserted the wife could not have made the photocopies, while at the third trial he said she innocently made them for someone else who was the real gun exporter. The government introduced the earlier, inconsistent statement at the third trial to argue it showed McKeon's consciousness of guilt, and the jury convicted him.