State v. Kofoed
Annotate this CaseDavid Kofoed, the supervisor of the Crime Scene Investigation Division for the sheriff's office was charged with tampering with evidence during the investigation of two suspects in two 2006 murders. After a Neb. R. Evid. 404 hearing, the trial court admitted evidence of an uncharged extrinsic crime during the 2003 investigation of a child's murder. The trial court subsequently found Kofoed guilty of evidence tampering during the 2006 murder investigation. The Supreme Court affirmed, holding, inter alia, (1) the trial court did not err in sustaining the State's motion to admit evidence of Kofoed's alleged act of evidence tampering in 2003 during the Rule 404 hearing; (2) the court did not err in overruling Kofoed's motion for a directed verdict and in finding him guilty of tampering with evidence; and (3) the trial judge did not err in failing to recuse himself from the proceeding and in overruling Kofoed's motion for a new trial.
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