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Wednesday, August 16, 2006

Chinese-speaking detective may testify as expert on meaning of incriminating statement made by defendant in Chinese dialect

EVIDENCE
United States v. Zhang,
No. 05-3341, ___ F.3d ___ (10th Cir. Aug. 14, 2006)(Kansas).

Appeal of convictions for possession with intent to distribute cocaine and Ecstasy in violation of 21 U.S.C. § 841(a)(1).

HELD: District court did not fail to perform its gatekeeping function before admitting expert testimony of Chinese-speaking police detective as to meaning of incriminating statement made by defendant in Chinese dialect during recorded telephone conversation. District court properly qualified detective as expert by noting detective’s age and further noting that he had grown up speaking Mandarin Chinese, the same dialect used by defendant.

Read the opinion here.

posted by Russ at 1:03 PM


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