United States v. Edward John Pistante

Edward J. Pistante appeals his conviction by a jury of theft from an interstate shipment in violation of 18 U.S.C. § 659. He contends that the District Court erred in refusing to exclude evidence in the Government’s case-in-chief of prior inconsistent exculpatory statements made by him before trial. At one point he maintained that he had discovered the stolen stereo by accident; at another, Pistante claimed to be an informer working to prevent theft. Pis-tante concedes that these statements were properly admissible to impeach him if he had taken the stand in his own behalf, but he argues that…