United States v. Ralph Carreon

Our reading of the entire transcript of the trial in this case convinces us that Car-reon did not get a fair trial.

First, the principal witness against Car-reon was one Yerich, a former employee of Garrett Freight Lines. Certain television sets disappeared from Garrett’s custody, and Yerich testified that he and Carreon and another were accomplices in stealing them, Yerich placing the televisions in Car-reon’s truck, which was at the Garrett dock, and Carreon then taking them to his warehouse. If the jury believed Yerich, Car-reon’s guilt was established; if the jury believed Carreon and did not believe Yerich, Carreon would be acquitted. Cross-examination of Yerich was crucial, but it was severely and improperly restricted by the court, mostly on its own motion.

Garrett had filed a civil action against Yerich, charging him with theft. However, the court refused to let defense counsel show just what that lawsuit was about:

The court also refused to permit Carreon to show what promises had been made to Yerich about that lawsuit:

Similarly, the court unduly restricted cross-examination about a Federal criminal case charging Yerich with theft from interstate commerce and pending…