In , he had four movies playing in theaters at the same time. Reynolds' career also is marked by the movies he didn't make. He often said that passing on James L. Brooks' Endearment was one of his worst career mistakes. Nicholson won an Oscar for playing Breedlove. Reynolds also indicated he was Milos Forman's first choice to play R. In John Boorman's Deliverance , based on a book by James Dickey, Reynolds starred as macho survivalist Lewis Medlock, one of four guys from Atlanta who head to the wilderness for the weekend. Filmed by Vilmos Zsigmond along the Chattooga River near the Georgia-South Carolina border, it was an arduous production that Boorman shot in sequence.
He had good reason. When Reynolds saw test footage of a dummy in a canoe going over the falls in one scene, he told Boorman the scene looked fake. He climbed into the canoe, was sent crashing into the rocks and ended up in the hospital. Deliverance , infamous for its uncut minute hillbilly male rape scene "squeal like a pig" , was nominated for three Academy Awards but came away empty. It lost out to The Godfather in the best picture battle.
It proved I could act, not only to the public but me. In April , three months before the movie opened, Reynolds — once described by journalist Scott Tobias as the "standard of hirsute masculinity" — showed off his mustache and other assets when he posed nude on a bearskin rug for a Cosmopolitan centerfold. Seven years later, he would become the rare man to grace the cover of Playboy.
The Cosmo issue sold an outlandish 1. A running back in high school and college who talked with legendary coach Bear Bryant about attending Alabama, Reynolds put his gridiron skills to use in Robert Aldrich's The Longest Yard , playing Paul "Wrecking" Crewe, who leads his rag-tag team of prison inmates in a game against the guards. He later starred in Semi-Tough , another football film.
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Reynolds, who stars as Bo "Bandit" Darville, hired to transport cases of Coors from Texas to Atlanta in 28 hours, noted that, unbelievable as it sounds, Smokey was Alfred Hitchcock's favorite movie. On remand, an evidentiary hearing and findings of fact are required. Character evidence. The defendant argues that the judge improperly admitted prejudicial character evidence [Note 10].
Over defense counsel's objection, the judge allowed Sergeant Barnicle to testify that the defendant told him that "You know, in Spain, the drug dealers are easy to rob. Otsuki, Mass. Robertson, Mass. The Commonwealth may introduce such evidence if it is relevant to the crime charged and if its probative value outweighs its prejudicial impact. Otsuki, supra. The Commonwealth, implying that the victim was killed in the course of a robbery, argues that the statement is an admission and that it demonstrates motive and knowledge of the circumstances surrounding the murder.
We disagree. The defendant admitted only that he committed another, entirely unrelated crime.
He did not reveal any knowledge of the circumstances of this crime. The prejudicial effect of this statement far outweighed its minimal probative value. There is a danger that the jury dispensed with proof beyond a reasonable doubt because the defendant appeared to be a bad man likely to. Phillips, Mass. The statement therefore should have been excluded. It should not be admitted at retrial [Note 11]. Discovery violation. Although unlikely to arise at a new trial, we nevertheless discuss the discovery issue. The jailhouse informant testified that his sole motivation for reporting his conversations with the defendant to the authorities was to save the life of Golden, whom the defendant allegedly wanted killed.
The defendant sought to impeach this testimony with letters and transcripts containing statements made by the witness in connection with another case. The evidence would have impeached the credibility of the witness by documenting his attempt to trade favorable testimony to both sides of a civil case in exchange for an exculpatory statement or lenient treatment on the case's criminal counterpart [Note 12]. During cross-examination of the informant, the defendant produced the letters and transcripts for the first time.
The judge excluded the evidence, relying on his reading of the pretrial conference report and Mass. Following this ruling, defense counsel moved for a mistrial, which was denied. The defendant argues that he had no obligation to turn over impeachment evidence to be used against a Commonwealth witness. Rather, his discovery obligations were limited to statements of witnesses he intended to call at trial. He bases this argument on rule 14 a 3 , on which the discovery report was based. Alternatively, the defendant argues that the pretrial conference report is ambiguous and thus must be construed against the maker of the form, in this case, the Commonwealth, citing Koshland v.
Columbia Ins. We conclude that the pretrial report, on its face, required the disclosure of the impeachment evidence.
The report stated that the defendant was obligated to turn over "[a]ny written or recorded statements of any witness in the possession of Defense Counsel. There is no support for the defendant's contention that this requirement is limited to statements of witnesses the defendant intends to call at trial. Allowing the defendant to withhold such evidence against a witness who is certain to be called to testify would undermine the.
Theatrics do not accord with our discovery process. Paszko, Mass. Once it was determined that the defendant violated the discovery order, it was incumbent on the judge to fashion an appropriate remedy. We have not reviewed the exclusion of statements sought to be used for impeachment as a remedy for a discovery violation. However, the factors taken into account in reviewing the exclusion of an undisclosed witness are applicable to this situation as well. Those factors are 1 prevention of surprise; 2 evidence of bad faith in the violation of the conference report; 3 prejudice to the other party caused by the testimony; 4 the effectiveness of less severe sanctions; and 5 the materiality of the statements to the outcome of the case.
Durning, Mass. Chappee, Mass. In imposing the severest sanction of preclusion of the evidence, the judge must make clear that all these factors have been considered in balancing enforcement of the rules against the defendant's right to present a defense. Dranka, 46 Mass. Steinmeyer, 43 Mass. It can be inferred that the judge found the Commonwealth's plea of surprise to be genuine.
Porcher, 26 Mass. The judge also found that defense counsel acted in bad faith in failing to turn over the statements to the Commonwealth because he found that defense counsel's omission was deliberate. Defense counsel admitted that the omission was calculated to gain tactical advantage.
In the context of discovery violations, bad faith exists when a violation was "willful and motivated by a desire to obtain a tactical advantage that would minimize the effectiveness of cross-examination and the ability to adduce rebuttal evidence. Taylor v. Illinois, U. See Spiegel v. Beacon Participations, Inc. The judge also explicitly found that the Commonwealth was prejudiced. Further, the statements were clearly material. Impeachment evidence that placed the informant's credibility in considerable doubt would have been critical to the defendant's case [Note 16].
See Steinmeyer, supra at struck testimony was deemed material where case turned on credibility of witnesses. The question that remains is whether less severe sanctions were appropriate. Vose, F. Edgerly, Mass. The Reporters' Notes to Rule 14 c 2 , Mass. See Michigan v.
Lucas, U. Where the stakes are high, as they are in murder cases, preclusion is the last resort. Before prohibiting the use of undisclosed material during the crossexamination of a witness or prohibiting a witness from testifying, the judge must make explicit his findings regarding the five factors outlined in Durning, especially his consideration of alternative sanctions. At retrial, impeachment will be conducted according to the rules of evidence. Defense counsel may impeach the witness with the letters and transcripts, and the Commonwealth may rehabilitate the witness. Issues likely to arise at retrial.
In addition to the issues already discussed, we comment briefly on other claims likely to arise at retrial. The defendant asserted a defense of third-party culpability. His alternative theory of the case was that the victim's drug supplier, Elkin Escobar, murdered the victim because the victim had been stealing from him. He sought to call Escobar and Escobar's female companion in support of his claim that Bulger's lieutenants were responsible for the murder. Both witnesses asserted their rights against self-incrimination under the Fifth Amendment to the United States Constitution.
The defendant requested that the court grant immunity to the witnesses. The Commonwealth disagreed with the proposal, and the judge denied the request [Note 18]. The defendant argues that the judge effed in refusing to grant judicial immunity. This case does not present the type of "unique" circumstances which require judicial immunity.
Government, Cf the VI.
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Smith, F. The proffered testimony was not clearly exculpatory, and the witnesses were potential targets of other prosecutions. Doherty, Mass. There was no error. Statements against penal interest.
Burt Reynolds Dead at 82 After Heart Attack, 911 Call Released
The defendant complains that the judge improperly excluded three statements Escobar made to Sergeant Barnicle that 1 Escobar was dealing drugs with the victim; 2 he witnessed the argument between the victim and the Bulger lieutenants; and 3 the Bulger lieutenants were at the pub the night the victim disappeared. A statement is admissible as against penal interest if it meets three tests. Drew, Mass. Thomas, F. See Proposed Mass. The Commonwealth concedes that Escobar's testimony was unavailable, Commonwealth v. Galloway, Mass.
That statement was also corroborated because Golden testified to the relationship between Escobar and the defendant. Assuming the statement was against penal interest, it was excludable because it was not probative of any trial issue. Mandeville, Mass. Defense counsel failed to offer Escobar's statement in connection with other admissible evidence clearly implicating Escobar in the murder. Trefethen, Mass. Published November 6, at AM. Flannery Road. Livingston man indicted for murder following domestic shooting on McLin Road A man has been arrested in connection to a deadly, and possibly domestic-related, shooting in Livingston Parish.
First flights depart new Armstrong International terminal Tuesday is the last day for all-outgoing flights from the old Armstrong International Airport.
Inmate Search: John R Reynolds , Tallahassee, Florida
Published November 5, at PM. School board investigating after shocking pep rally video A video of a pep rally at a high school in Calcasieu Parish is stirring up comments from local residents. Texas football player prays with opponent, warms hearts on internet A picture of Texas football player is warming hearts on the internet after he prayed with his opponent, whose mother was diagnosed with cancer. Family member living in La. Eddie Rispone speaks at ladies luncheon with wives of Sen.
Case delayed for teenage boy accused of shooting, killing his allegedly abusive father Anthony Templet, the teen accused of shooting and killing his father at their home in Baton Rouge, was in court Tuesday, Nov. Boy, 9, uses birthday money to give his teacher a pay raise Instead of buying a new toy or game, a Florida third-grader put his birthday money to good use. Waitr leaving some areas, reducing workforce; 20 percent of layoffs in Louisiana Waitr has announced plans to close low-performing markets and reduce their workforce.
Published November 5, at AM. Leaders discuss proposal to revitalize Plank Road City-parish leaders are discussing plans to bring more business to the Plank Road area. Robbery reported at Popeyes on Government Street Police are searching for a possible robbery suspect. Police identify victim of fatal shooting on Rosenwald Road Police are investigating a shooting that claimed the life of year-old Kenneth Coverson II. Published November 4, at PM. Baton Rouge woman runs
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