Defendant in a North Dakota fraud trial wasn't permitted to introduce statements from a recording of the gov't preparing its star witness, a co-fraudster who received a sweetheart plea deal of pretrial diversion even though he was facing 60 years imprisonment. Defense: I'd like to show portions of the videotape to show prosecutor coached the witness. District court: Nah. “I find that the statements are not relevant[,] and they will not be allowed.” Eighth Circuit: Because that video arguably showed the witness was angry with the defendant and the prosecutor suggested his account to him, stating "here's my pitch to you...", we totally find it should have been allowed as relevant evidence about the witness's bias and credibility. Conviction and 140-month sentence vacated. New trial.
The case is United States v. Agbaje, No. 24-2944 (8th Cir. May 16, 2026).
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