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Witness Retaliation Conviction Affirmed

By Shari Allison

United States v. Wardell, ___ F.3d ___ 2009 WL 2998939 (10th Cir 2009) Defendant convicted, along with co-defendants, of retaliation and conspiracy to retaliate against a witness (witness was beaten in a holding cell) who had earlier testified against defendant in tax fraud case. Witness was beaten by two others who had not been involved in tax case. Defendant did not participate (nor did a fourth co-defendant, Pursley, who was, like defendant, charged and convicted in the tax case). 1. Sufficient evidence of conspiracy and interdependence: defendant had earlier written two letters to witness that witness interpreted as warnings not to testify--evidence of a motive to conspire to retaliate, which increased after witness testified. The two beaters were not involved in tax case and had no motive, therefore a jury could infer they conspired with those who had a motive to retaliate...continue to full post

Full post as published by Tenth Circuit Blog on September 23, 2009 (boomark / email).