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Appeals from the Superior Court of the District of Columbia (Hon. Joseph M.F. Ryan, Jr., Trial Judge)

Argued May 9, 2000

Appellants Garfield A. Gordon and Wesley S. Williams were tried jointly and convicted of various criminal offenses in early 1992. *fn1 At trial, Williams was convicted of second-degree murder while armed, assault with a dangerous weapon, possession of a firearm during a crime of violence, carrying a pistol without a license, conspiracy to distribute drugs, and possession with the intent to distribute (PWID) cocaine. The jury found Gordon guilty of assault with a dangerous weapon, possession of a firearm during a crime of violence, conspiracy to distribute drugs and PWID cocaine. On appeal, appellants raise several issues as grounds for reversal of their convictions. Appellants’ primary contentions are: 1) the evidence was insufficient to support their convictions for PWID cocaine on February 8, 1990; 2) the PWID convictions must be reversed because the jury was not properly instructed on co-conspirator liability as required by Pinkerton v. United States, 328 U.S. 640 (1946); 3) the trial court erred by allowing the prosecutor to introduce, at trial, hearsay evidence contained in a police radio broadcast; 4) the trial court erred by permitting the prosecutor to introduce evidence of a witness’ fear of the appellants; and 5) the prosecutor’s closing and rebuttal arguments were improper. We reverse and remand.

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