Jury may decide whether false exculpatory statement indicates consciousness of guilt
JURY INSTRUCTION United States v. Davis, No. 05-5013, ___ F.3d ___ (10th Cir. Feb. 9, 2006)(N.D. Oklahoma). Appeal of convictions and sentence for conspiracy to commit armed bank robbery in violation of 18 U.S.C. § 371; aiding and abetting attempted armed bank robbery in violation of 18 U.S.C. §§ 2 and 2113(a) and (d); brandishing, carrying, and possessing firearm in furtherance of crime of violence in violation of 18 U.S.C. §§ 2 and 924(c); and for being felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). HELD: Although false exculpatory statements cannot be considered by jury as direct evidence of guilt, such statements are admissible to prove circumstantially consciousness of guilt or unlawful intent. Where district court’s instruction to jury about false exculpatory statements made by defendant to FBI agents was supported by evidence and left exclusively to jury question of whether false exculpatory statements, if made, indicated consciousness of guilt, or nothing at all, instruction was accurate statement of law. Jury was entitled to weigh evidence and decide whether defendant fabricated story as to his whereabouts on date of robbery, or just momentarily could not remember. Read the opinion here. |
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