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Possession charge effectively covered ?mere presence? issue; Prosecutor asking why officers would risk careers was not improper vouching.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

U.S. v. Weatherly, No. 07-1019, 2008 WL 850005, (3d Cir., Mar.31, 2008)(published May 13, 2008). Weatherly was charged with being a felon in possession of a firearm. It was alleged that the gun was found on Weatherly as he was being arrested on another matter. At trial, Weatherly contested the issue of possession, arguing that the officers found the firearm in the alley nearby, assumed it was his, and lied about where it was actually found. Counsel pointed out discrepancies in the officers?testimony and offered evidence that it was common to find abandoned guns in the alley where he was arrested. He also offered witnesses who testified that Weatherly was not carrying a gun while in their presence earlier that day.In closing argument, Weatherly conceded that he was only contesting the issue of whether he ?possessed? the gun, and argued that his guilt hinged upon the credibility of the officers...continue to full post

Full post as published by Third Circuit Blog on May 21, 2008 (boomark / email).