USA v. Reid

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-057-JD
Gordon Reid
SEALED ORDER
Gordon Reid moves ex parte for reconsideration of the
court’s previous ruling denying his motion for subpoenas to two
detectives and two other individuals involved in an unrelated
robbery. Reid argues that because one of the individuals
involved in the alleged robbery is Renee King’s brother-in-law,
because both suspects were found in King’s house, and because
stolen property was found there as well, that evidence is
admissible against King under Federal Rule of Evidence 404(a)(2).
He argues that King was the victim of the robbery at the Hess
Store, which is the subject of the charge alleged against him,
and that evidence about the robbery involving her brother-in-law
and another individual is evidence of a “pertinent trait of
character” about King.
Reid’s theory is that King, rather than Reid, robbed the
Hess store. He contends that the evidence of the robbery
allegedly committed by King’s brother-in-law and another
individual is pertinent to her character to commit robbery
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herself.
The robbery evidence offers little or nothing about King’s
character. There is no evidence that she was complicit in the
crime other than living in the house where her husband’s brother
kept stolen property. In addition, if the evidence showed that
she had committed a crime or a wrongful act in connection with
the alleged robbery, Federal Rule of Evidence 404(b) would
preclude use of such evidence to show her character to commit
robbery at the Hess store. Further, such evidence is collateral
to the matter at hand and is unfairly prejudicial under Federal
Rule of Evidence 403.
Conclusion
For the foregoing reasons, the defendant’s motion to
reconsider (doc. no. 137) is denied.
SO ORDERED.
Joseph A. DiClerico, Jr.
United States District Judge
February 10, 2006
cc: Gordon Reid, pro se
Michael J. Iacopino, Esquire
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