01-1147 State v. Long

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“We determine that the trial court admitted the evidence of gang ties on the reasonable basis that such affiliations might color the testimony of the various witnesses. We acknowledge Long’s concern that evidence of a person’s gang ties may imply that the person is of questionable character and perhaps that the person has engaged in prior bad acts, if not criminal conduct. Nonetheless, evidence that a witness belongs to an organization, such as a street gang, is admissible to impeach the witness’s testimony by showing bias….

“Furthermore, as Long concedes, the witnesses’ gang activities did not play a prominent role in either the State’s opening or closing arguments. Therefore, we are not convinced that the evidence of gang affiliations so permeated the trial as to create a risk of unfair prejudice or confusion of the issues.”

Defendant’s other arguments concerning witness’ testimony and the trial court’s denial of his request for a falsus in uno jury instruction are similarly unavailing.

Judgment affirmed.

Recommended for publication in the official reports.

Dist II, Racine County, Flynn, J., Brown, J.

Attorneys:

For Appellant: Ann T. Bowe, Milwaukee

For Respondent: Robert S. Flancher, Racine; James M. Freimuth, Madison