Thursday, September 6, 2012

US v. Medical Therapy Services case brief

  1. US v. Medical Therapy Services (2d Cir 1978)
    1. criminal Medicare fraud case; Barbara Russell, primary witness for govt, used to work for Δs; govt tried to “pull the teeth” of the potentially impeaching evidence by asking her about it on direct – depriving other side of ability to attack witness.
      • note: the “or otherwise” of 608(a) has to be by the opponent on cross – govt “pulling the teeth” won’t open the door to character witness for BR.
      • but Δ rose to the bait, also attacked her credibility.
    2. holding: this is close, but it’s enough to permit govt to call a character witness
      • defense examination of BR triggered govt’s right to call a character witness – it was sufficiently aggressive, attacking her character for truthfulness such that the govt could repair that harm through a character witness.

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