United States v. Patterson

DECISION

ARROWOOD, Senior Judge:

The loss, through improper care, of tape recordings which were made of witnesses’ testimony at an Article 32 investigation did not excuse the failure to provide the tapes to the defense under the Jencks Act, 18 U.S.C. § 3500. Since we are unable to find this error was harmless, we reverse the conviction.

The Article 32 investigator, a reserve officer, recorded the testimony of the informant and two investigators called before him during an investigation of drug transfers from the accused. He took the tapes to his home to use in preparing the report and, upon…