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United States v. Krapp | 815 F.2d 1183 (1987)

United States versus Krapp involves one of the nuances of prosecutorial practice, the cross-examination of character witnesses with did-you-know type impeachment questions.

Patricia Krapp was the postmaster of the Pocahontas, Iowa, post office.

United States Postal Investigators discovered that Krapp’s office was short 100 coils of 22-cent stamps. Krapp admitted that she’d known about this shortage but hadn’t reported it because she was investigating it and because she wasn’t good at filling out postal forms.

The government charged Krapp with making false record entries with intent to defraud the United States.

At trial, Krapp presented a character witness who testified that she was honest and trustworthy. On cross-examination, the assistant U.S. attorney asked the witness, quote, “Are you aware that Pat Krapp’s husband, with her knowledge, omitted cash income that he had on his — on their tax returns,” unquote. Krapp’s attorney objected to the question and moved for a mistrial, arguing that the question was improper, and the jury would be prejudiced by hearing it.

The judge found that the prosecutor hadn’t displayed bad faith in asking the question but did find the prejudicial effect of the question outweighed its probative value. He sustained the objection and told the jury to disregard the question but refused to grant a mistrial. Krapp was convicted.

Krapp appealed to the Eighth Circuit.

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