United States v. Geston

In United States v. Geston, 299 F.3d 1130 (9th Cir. 2002), Geston, a police officer with the Department of Defense, was involved in an altercation with Seaman Apprentice Hernandez aboard the U.S.S. Rentz. Id. at 1133. Geston's and Hernandez's testimonies regarding the incident conflicted. Id. at 1133-34 Prior to his first trial, Geston filed a motion in limine to introduce evidence that Hernandez had been previously "involved in two violent incidents after drinking alcohol." Id. at 1137. The first incident occurred in Mexico while Hernandez was on shore leave. Id. Hernandez returned to the ship and said he had been "attacked by a security guard at a hotel and severely injured the guard in self defense." Id. The second incident occurred in San Diego, where Hernandez "reportedly 'choked out' another crew member, and was charged with assault." Id. The United States District Court for the Southern District of California denied the motion to introduce evidence of the incidents. Id. The first trial resulted in a mistrial. Id. at 1134 During Geston's second jury trial, he challenged the earlier denial of his motion, but "to no avail." Id. at 1134 & 1137. Geston was convicted of "unreasonable use of force under the color of law" and "assault with a dangerous weapon resulting in serious bodily harm." Id. at 1133. Geston appealed his conviction to the United States Court of Appeals for the Ninth Circuit. Id. at 1133. Geston contended the "district court's denial of his opportunity to cross-examine Hernandez about the two confrontations violated Federal Rule of Evidence FRE 608(b)." Geston, 299 F.3d at 1137. The Ninth Circuit held that neither of the prior incidents involving Hernandez constituted conduct that was probative of Hernandez's "character for untruthfulness or his credibility." Id. The Ninth Circuit concluded that "the district court did not abuse its discretion in excluding the proffered evidence under Rule 608(b)." Geston, 299 F.3d at 1137.