Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Amerithrax — Part 13
Page 164
164 / 189
. ® Page 16 of 29
ed that fact to corroborate the handwriting expert's
stimony that she had probably forged the signature on
l check. While neither of these factors independently
ould be sufficient to support a conviction, taken together
iey are sufficient to support the jury's guilty verdict.8
. We are not persuaded by Rosario's attempt to characterize Rios's
stimony as “exculpatory” for her. Using Rios's testimony, Rosario
mplies that she merely unknowingly passed the forged check to Rias
nd then passed along the cash to the person or persons who brought
in the check. Rosario finds further support for her theory from Rios's
testimony that she was "genuinely surprised" when he reported that the
check was stolen.
As the district court pointed out, however, the jury was not required
to believe that Rosario made any of the arguably exculpatory out-of-court
statements to Rios. Rosario, Crim. No. 96-277, slip op. at 6. And, in any
event, the statements she relies on are not inconsistent with guilt.
Simply stated, the jury had no reason to believe that Rosario was being
truthful with Rios. Indeed, the jury could have just as well believed that
Finally, we acknowledge that this is a close case. Indeed,
were we sitting as triers of fact, we very well may have come
http://vls.law.vill.edu/locator/3d/July1 997/97a1636p.htm 5/10/2005
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Reader
Topic
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
investigation
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic