OAG to introduce suspect’s prior ‘bad acts’ at trial

The Superior Court will allow the government to introduce a suspect’s prior bad acts, including a vehicular homicide incident, when an “ice” trafficking case goes to trial.

Associate Judge David A. Wiseman ruled that the Office of the Attorney General may introduce evidence of other offenses if it provides a proper purpose or is intrinsic to the crime charged against Kurt King.

King, 30, is charged with trafficking of a controlled substance, illegal possession of a controlled substance, and conspiracy to commit trafficking of a controlled substance.

The OAG is seeking to introduce King’s prior illegal use of “ice,” prior illegal use of marijuana, his vehicular homicide of Gerald Mundo Aldan, and his prior assault and battery case.

In granting the motion, Wiseman said if the evidence is being offered to show that King either possessed or sold drugs in the past, and therefore most likely possessed or sold drugs on this occasion, then this will be improper character evidence and will be inadmissible.

However, Wiseman said, if the evidence is being offered for another purpose allowed under the NMI Rules of Evidence and not for its propensity, then it will be admitted as “other purpose” evidence, subject to the NMI Rules of Evidence 403 balancing test.

NMI Rules of Evidence 403 states that “if the intended evidence’s prejudice substantially outweighs its probative value, it may not be admitted.”

The judge said the government must first state the purpose for its intended use of each of the four pieces of evidence so as not to be mistaken for improper character evidence.

“Thereafter, the court will balance the probative value versus the potential for unfair prejudice,” he said.

Wiseman said that King’s prior use of illegal drugs may be admitted as intrinsic evidence to prove, among other things, knowledge and plan in connection with the conspiracy charge.

However, Wiseman said, the vehicular charge and the assault and battery charge are not intrinsic to the crimes charged. Therefore, he said, if the government intends to introduce those acts, it must first meet the requirements of the NMI Rules of Evidence.

Wiseman said the government will need to make an offer or proof as to the purpose of the evidence prior to it being brought in.

This can be done, the judge said, at trial outside the presence of the jury and shall not be referred to during openings.