United States v. Webster
United States Court of Appeals for the Seventh Circuit
734 F.2d 1191 (1984)
At Clinton Webster's (defendant) bank-robbery-aiding-and-abetting trial, the government called the actual robber, King, whose testimony unexpectedly exonerated Webster. To impeach King, the prosecutor introduced his earlier statements to the FBI implicating Webster, and the judge instructed the jury to consider those statements only for impeachment, not as substantive proof of guilt. Webster was convicted and appealed, arguing the government should not have been allowed to impeach its own witness this way absent genuine surprise.
Whether evidence of a witness's prior inconsistent statement is admissible for impeachment under Federal Rule of Evidence 607 when the government offers the testimony in bad faith merely to introduce otherwise inadmissible evidence.