United States v. Bryant

Facts of the Case

The appellant, Elaine Bryant, was arrested after she accepted and paid for three bags of cocaine from Alberto McKenzie, a man who had been intercepted by the government agents at the airport. At trial, appellant sought to defend herself by testifying in substance that she was not aware that she was participating in an unlawful conspiracy. The trial court found her guilty of the crime charged. On appeal of her conviction, the appellant argued that the trial court committed reversible error by allowing into evidence the tape recording and transcript of a conversation between her McKenzie. In support of her contention, appellant makes three interrelated arguments: (1) that the judge failed to examine the tape and transcript and failed to rule on their admissibility out of the presence of the jury