United States v. Jay Kerr

We have said it before and we shall have to say it again: a prosecuting attorney may not and should not vouch for witnesses. Jay Kerr appeals his conviction for conspiracy to distribute cocaine. We find that prosecutorial misconduct throughout his trial affected the jury’s verdict and we reverse.

I.

An informant alerted the FBI about an ongoing scheme to smuggle drugs from Southern California into Billings, Montana. The investigation turned up a multi-layered conspiracy with many participants. Kerr, an actor who has appeared in Disney movies and a soap opera, was named as one of the California suppliers. Along with two others, he was indicted on nine counts of conspiring to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and 18 U.S.C. § 2 . Several other suspects, including Jacobson, Rider, Ludden and Butler, pled guilty and testified against Kerr at his trial. A jury subsequently convicted him on all nine counts.

Kerr appeals on several grounds. First, he argues that the district court erred by admitting similar acts evidence in violation of Fed.R.Evid. 404(b). Next, he alleges that the government withheld favorable evidence. Third, he contends that…