United States v. Robert Benveniste

Appellant, Robert Benveniste, was convicted in a jury trial on one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 and four counts of posses-' sion of cocaine with intent to distribute and distribution in violation of 21 U.S.C. § 841 (a)(1). Appellant claims error in (1) the exclusion of testimony relevant and crucial to his defense of entrapment; (2) admission of hearsay testimony by a Government informant; (3) exclusion of the results of a polygraph examination; and (4) exclusion of exculpatory psychiatric testimony.

We conclude that the exclusion of the polygraph results and psychiatric testimony was within the sound discretion of the trial court, but that the court erred in excluding testimony of a defense investigator with respect to his interview with a third party, while permitting a government informant to testify as to statements allegedly made by the same person.

Factual Background

Appellant’s defense of entrapment centers on the statements and conduct of Cheryl E. Wyman, a paid informant for the Drug Enforcement Administration (DEA). Wyman had worked for the DEA as an informant on a fee basis on five or six prior occasions. In March, 1975,…