Fargo, N.D. (AP) One of two brothers accused of scamming the government out of $2 million in crop insurance payments says a previous conviction should not be allowed as evidence in trial.
Fifty-year-old Aaron Johnson and 47-year-old Derek Johnson, who grew potatoes in the Carrington area, are charged in Federal Court with conspiring to receive illegal payments by intentionally damaging the spuds. They have pleaded not guilty.
Aaron Johnson's lawyers say his 1995 conviction in a farm-related case should be excluded because it would likely lead the jury to believe he was guilty on the current charges. The government says it can be used in an effort to show motive or intent.
A hearing to discuss Johnson's prior conviction and other proposed evidence in the case is scheduled Tuesday in Fargo.