Evidence – Harmless error

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Evidence – Harmless error

Although evidence that the defendant’s co-conspirator had pleaded guilty was inadmissible, the error was harmless.

“[T]he evidence against Garten was overwhelming. Conversely, the testimony that Picache had pleaded guilty was fleeting and was not stressed by the government or even mentioned during open or closing argument. Additionally, the jury had heard from Atorrasagasti, who had also pleaded guilty, and the district court instructed the jury that Atorrasagasti ‘has pled guilty to the same crime the defendant, Kathryn Garten, is charged with committing. You may not consider Ms. Atorrasagasti’s guilty plea as evidence against Ms. Garten … you must consider that testimony with caution and great care.’ While Garten stresses that the jury did not receive a similar instruction concerning Picache’s guilty plea, a reasonable jury hearing this instruction would infer that it likewise could not use the fact of Picache’s guilty plea against Garten. Coupled with the overwhelming evidence against Garten, and the fact that mention of Picache’s guilty plea was fleeting, it did not constitute plain error, ‘that is, the conviction of an innocent person … .’ United States v. Newman, 965 F.2d 206, 213 (7th Cir. 1992).”

Affirmed.

13-3593 U.S. v. Garten

Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Manion, J.

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