## Facts

- Stanley M. Piper was prosecuted in federal court for offenses related to cocaine distribution.
- The government’s case centered on a trafficking scheme involving Piper and coconspirator Anthony Stilkey.
- Stilkey testified in detail about three separate drug transactions and described a broader distribution scheme.
- Stilkey’s account was corroborated by testimony from his wife and by two detectives who conducted surveillance.
- The government introduced seven tape-recorded conversations involving Piper, including an April 22 recording.
- Defense counsel attacked Stilkey’s credibility in closing; the prosecutor responded by emphasizing the objectivity of the recordings, calling the recorder “Mr. Panasonic.”
- The jury convicted Piper; he appealed, challenging admission of the recordings, particularly the April 22 tape.

## Issues

1. Whether the April 22 tape-recorded conversation was improperly admitted at trial.
2. If the April 22 tape was erroneously admitted, whether the error was harmless in light of the properly admitted evidence.

## Decision

- The First Circuit held that six of the seven recordings were properly admitted.
- The court held that the April 22 recording was improperly admitted.
- The court concluded the error was harmless because the April 22 tape was cumulative of other properly admitted recordings and corroborated witness testimony.
- The court affirmed Piper’s convictions.

## Legal Principles

- An evidentiary error in a criminal trial does not require reversal if it did not affect the defendant’s substantial rights.
- Improperly admitted evidence is harmless where it is cumulative of other properly admitted evidence and there is no reasonable probability the verdict would have differed without it.
- In assessing harmlessness, an appellate court evaluates the strength of the untainted evidence and whether the challenged item likely influenced the jury’s verdict.

## Conclusion

The First Circuit affirmed Piper’s cocaine-distribution-related convictions, holding that although one recording (the April 22 tape) was admitted in error, the mistake was harmless because the government’s remaining evidence—including extensive coconspirator testimony, corroboration, and six other recordings—was strong and substantially redundant of the excluded material.


United States v. Piper, 298 F.3d 47 (1st Cir. 2002)