United States v. Peter Brady

Brady was convicted for conspiracy to possess heroin for distribution. The only question on appeal is whether the court erred in refusing to permit defense counsel to ask the Government’s principal witness the name of the person who had supplied her with heroin in prior transactions. The Government’s witness was Velia Contreras (“Velia”) who had earlier been convicted of a heroin sale and who thereafter was granted immunity to testify against Brady.

On July 15, 20, and 30,1976, DEA Special Agent Salazar purchased heroin from Cartwright and Joseph Contreras (“Joseph”), Velia’s son. Velia testified that Brady was the source of the heroin which she supplied for the July 30 sale and that the July 30 incident was the only time she had had any kind of drug dealings with Brady. Brady’s defense was that he was not the source; the real source was another person who had supplied heroin to Velia on prior occasions. She admitted on cross-examination that she paid Brady no money for the drugs which she allegedly purchased on July 30 from him. One of the Government’s witnesses testified that heroin sales were not ordinarily made on credit in absence of regular narcotics dealings between the…