State v. Liberatore

This case presents four distinct issues for our determination:

(I) Was the trial court correct in permitting the use of a prior unrecorded statement to refresh Mata’s recollection;

(II) Was the testimony of FBI agent Riggio admissible for impeachment purposes;

(III) Did the prosecutor’s repeated references during closing argument to evidence outside the record prejudice the defendant’s rights to such an extent that reversal of his conviction is required; and,

(IV) Would retrial of the defendant constitute double jeopardy?

I. Mata’s testimony.

The state contends that the prior statement of Mata…