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United States V. Lawson Case Study

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The case United States v. Lawson, 2009 WL 1916063 (Ky. 2009) deals extensively with FRE Rule 404(b). In the case four different items of evidence are viewed for admissibility under Rule 404. The case focuses on three co-defendants who are charged with five counts of bribery conspiracy and three counts of conspiracy on construction or repair of state roads and highways. The motion viewed focuses on Nighbert, a co-defendant, and his objections to admitting certain evidence against him under Rule 404(b). The four items are: an FBI report of an alleged conversation Nighbert had with the mayor regarding his son, failed disclosure on financial forms of his ownership of a company, an FBI interview concerning Kentucky road contracts and Nighbert, and a newspaper article regarding the defendant’s property and nearby construction. Nighbert objected to these items, claiming they were irrelevant, immaterial, lacking probative value, confusing, and prejudicial. The items presented were to be introduced as evidence showing intent Nighbert had to take the bribery money and obstruct justice. The court found the first two items of evidence admissible, however under Rule 404(b) the last two items were inadmissible. …show more content…

The prosecution introduced the evidence to show obstruction of justice against the past investigation, leading to the assumption that there would be obstruction of justice on the current case. The evidence was found probative in the defendant’s intent to obstruct justice. Due to the type of conduct at issue being the same as the evidence it showed intent to obstruct justice in the current case as well, because of this the evidence was found

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