Kyles v. Whitley, 514 U.S. 419, 55 (1995)

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Cite as: 514 U. S. 419 (1995)

Scalia, J., dissenting

fense in this case"). The Court disposes of the pet food evidence as follows:

"The fact that pet food was found in Kyles's apartment was consistent with the testimony of several defense witnesses that Kyles owned a dog and that his children fed stray cats. The brands of pet food found were only two of the brands that Dye typically bought, and these two were common, whereas the one specialty brand that was found in Dye's apartment after her murder, Tr. 180 (Dec. 7, 1984), was not found in Kyles's apartment, id., at 188. Although Kyles was wrong in describing the cat food as being on sale the day he said he bought it, he was right in describing the way it was priced at Schwegmann's market, where he commonly shopped." Ante, at 451-452; see also ante, at 452, n. 20.

The full story is this. Mr. and Mrs. Dye owned two cats and a dog, Tr. 178 (Dec. 7, 1984), for which she regularly bought varying brands of pet food, several different brands at a time. Id., at 179, 180. Found in Mrs. Dye's home after her murder were the brands Nine Lives, Kalkan, and Puss n' Boots. Id., at 180. Found in petitioner's home were eight cans of Nine Lives, four cans of Kalkan, and three cans of Cozy Kitten. Id., at 188. Since we know that Mrs. Dye had been shopping that day and that the murderer made off with her goods, petitioner's possession of these items was powerful evidence that he was the murderer. Assuredly the jury drew that obvious inference. Pressed to explain why he just happened to buy 15 cans of pet food that very day (keep in mind that petitioner was a very poor man, see id., at 329, who supported a common-law wife, a mistress, and four children), petitioner gave the reason that "it was on sale." Id., at 341. The State, however, introduced testimony from the Schwegmann's advertising director that the pet food was not on sale that day. Id., at 395. The dissenting judge below tried to rehabilitate petitioner's testimony

473

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