United States v. James David Dollard

K.K. HALL, Circuit Judge:

James David Dollard appeals his conviction by a jury of embezzling postal property in violation of 18 U.S.C. § 1709. We reverse and remand the case for a new trial.

I

Dollard, who has a hearing and speech impairment, was employed by the United States Postal Service in Charlotte, North Carolina, as a postage due clerk. He worked from 12 midnight to 8:30 a.m. sorting postage-due mail for delivery.

The evidence adduced at appellant’s trial shows that in June, 1984, Dollard’s supervisor, David C. Ball, noticed that certain items of sample mail were missing. 1 He suspected…