United States v. Catherine Kearns, United States of America v. James R. Kearns, Jr.

I. Background

In 1989 Sergio and Rosemary Ter an were arrested for possession of marijuana with intent to distribute. Sergio’s parole was revoked and he was sent back to a federal penitentiary. However, Rosemary agreed in writing to “work off’ the charges by acting as an informant for the Glendale (Arizona) Police Department. In prison, Sergio met appellant James Kearns, who was serving a life-sentence. James was often visited by appellee Catherine Kearns, his wife, and her son, and Sergio was visited by Rosemary. During these visits and afterwards, the Kearnses allegedly arranged a large drug transaction with the Terans. Rosemary informed Glendale police of the proposed deal. The Kearnses were indicted for possession of and conspiracy to distribute marijuana. James’ and Catherine’s cases were severed.

James’ trial was set first. Just before trial the prosecutors told his attorney that no charges had been filed against either Sergio or Rosemary following them 1989 marijuana arrests. They also stated that Rosemary had orally agreed to be an informant in exchange for not being charged. After Rosemary had testified and been excused and Sergio’s cross-examination had begun, the…