Whether a chart showing consistently high fecal coliform levels in a creek was relevant to show other potential sources of odors testified to by witnesses

QUESTIONS PRESENTED FOR REVIEW 1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government’s case was based on eyewitness testimony about the smell of the creek when the defendant was allegedly dumping, a chart showing a consistently high level of fecal coliform in the creek was relevant to show there were other potential sources of the odors to which witnesses testified. 2. Whether allowing the Government to present testimony from multiple witnesses about the defendant’s admissions to dumping on days outside the dates : charged in the indictment violated Rule 404(b) of the Rules of Evidence.