United States v. Moore (2011)
United States Court of Appeals for the District of Columbia Circuit
651 F.3d 30 (2011)
Rodney Moore and codefendants were charged in a sprawling 158-count indictment covering 31 murders, conspiracy, and extensive narcotics trafficking in Washington, D.C.; at trial, the prosecution's first witness, FBI Agent Daniel Sparks, gave extensive overview testimony -- before any other evidence was presented -- offering his own opinions about the charged crimes, the reasons for the defendants' actions, the conspiracy's structure, and relationships among alleged co-conspirators, including commentary on the reliability of witnesses not yet called and evidence not yet introduced. Defendants were convicted and appealed, arguing Sparks's testimony gave the prosecution an unfair advantage.
Whether a law enforcement officer may provide specific testimony about a complex government program or operation in terms that do not address witness credibility or provide a general overview of the prosecution's case.