United States v. Tucker, No. 12-1281 (7th Cir. 2013)
Annotate this CaseTucker was found guilty of conspiracy to distribute more than one kilogram of heroin, 21 U.S.C. 841 (a)(1) and (b)(1)(A), the use of which resulted in death, and sentenced to 480 months’ imprisonment. During the trial, the prosecutor made references to the devastating effects of heroin and to possible its impacts on members of the jury, the criminal backgrounds of Tucker’s coconspirators, the plea agreements made by coconspirators “with the judge,” and the consistency of statements by coconspirators outside trial. Tucker’s trial counsel did not object to these statements. The jury also heard from the lead investigator on the case, Officer Baranek, describing how his investigation of Tucker unfolded. The Seventh Circuit affirmed, rejecting a claim of prosecutorial misconduct and a challenge to the use of Officer Baranek as a “dual capacity” witness, without giving the jury any guidance on how to properly evaluate such testimony. A “dual capacity” witness weaves fact and expert opinion testimony together and the prosecutor did lay a foundation for Officer Baranek’s expertise.
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