February 26, 2013, 12:56
JBSVariance re: informant ID#
I'm in the middle of trying a delivery case when my officer testifies that the number in his report that identifies the informant (and which is included in our indictment) is incorrect by one digit. I know the defense will ask for a DV because we proved informant 222 bought dope, not informant 220. If this was already on appeal I'd say it seems like an obvious "immaterial variance" issue - defense has had the CI's name for months - but how do I handle it mid-trial? Even if there's no DV, the jury charge is going to have to reflect the indictment, but I can't amend the indictment over the defendant's objection. Right?