Does the government improperly argue that a cooperating witness's conviction is evidence that a defendant on trial is guilty?

MultiRegion, United States of America

The following excerpt is from United States v. Kaplan, No. 16-3985(L), No. 17-107(CON), No. 17-108(CON), No. 17-377(CON), No. 17-927(CON) (2nd Cir. 2018):

The defendants argue that the government, during its rebuttal summation, improperly argued that they were guilty by pointing to the eight cooperating witnesses' guilty pleas. "While it is impermissible for a prosecutor to suggest to a jury that the conviction of a testifying co-conspirator is evidence that a defendant on trial is guilty," this rule does not preclude disclosure of cooperators' convictions for proper purposes. United States v. Louis, 814 F.2d 852, 856 (2d

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Cir. 1987). Such purposes include "invit[ing] the jury to consider the implausibility of [a defendant's] claim that the witnesses were all committing perjury." United States v. Rodriguez, 587 F.3d 573, 583 (2d Cir. 2009).

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