208 F.3d 204 (2nd Cir. 2000), 99-1625, U.S. v. Frank

Docket Nº:99-1625.
Citation:208 F.3d 204
Party Name:UNITED STATES of America, Appellee, v. Deric FRANK, Defendant; Jesse Earl Bailey, Defendant-Appellant.
Case Date:March 28, 2000
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 204

208 F.3d 204 (2nd Cir. 2000)

UNITED STATES of America, Appellee,

v.

Deric FRANK, Defendant;

Jesse Earl Bailey, Defendant-Appellant.

No. 99-1625.

United States Court of Appeals, Second Circuit

March 28, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA2 s 0.23 regarding use of unpublished opinions)

Appeal from the United States District Court for the Southern District of New York, Cote, J.

Don Buchwald, New York, NY; Law Office of Don Buchwald, LLP, on the brief, for appellant.

John M. Hillebrecht, New York, NY; Mary Jo White, United States Attorney for the Southern District of New York, Baruch Weiss, on the brief, for appellee.

Present JACOBS, CABRANES, and SOTOMAYOR, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Jesse Earl Bailey appeals from the October 15, 1999 judgment of the United States District Court for the Southern District of New York (Cote, J.) convicting him of conspiracy to kidnap, in violation of 18 U.S.C. § 371, and kidnaping leading to death, in violation of 18 U.S.C. § 1201(a)(1) and (2). Bailey has been sentenced to life imprisonment.

Shaneika Price, who was the kidnap victim, had been the girlfriend of Deric Frank, allegedly Bailey's colleague in a crack cocaine distribution business centered in Norwalk, Connecticut; Price was also the mother of Frank's young son. On March 11, 1997, Price was placed in the trunk of her own car. The car was driven from Connecticut to Washington Heights in Manhattan, soaked with gasoline, and set afire.

Frank had repeatedly abused Price physically during their seven-year relationship. On the weekend prior to Price's death, police had unsuccessfully sought to arrest Frank for his harassment of Price. On March 26, 1997, the United States Attorney indicted Frank on charges stemming from Price's death. On June 5, 1998, after jury selection had begun in Frank's trial, Frank pled guilty to those charges, and the government agreed not to seek the death penalty.

Frank's testimony, pursuant to a cooperation agreement, furnished virtually all of the evidence supporting Bailey's conviction. The relevant testimony is as follows: Frank sought out Bailey on the morning of Price's murder at the home of Cheryl Knowles, Bailey's girlfriend, but Bailey was not there. Instead, Frank met Bailey elsewhere, and procured his assistance in confronting Price to recover a ring Frank had given Price and wanted to use to raise bail for his anticipated arrest on unrelated charges. (The prosecution alleged that Bailey would assist in assaulting Price because Bailey believed that Price was cooperating with the government to provide information on the crack distribution enterprise run by Bailey and Frank.)

According to Frank, he and Bailey intercepted Price as she arrived at work. Bailey rendered Price unconscious by striking and choking her. The two men placed Frank in her own car and drove to the Norwalk house of a friend, Tina McClinton, leaving Frank's car in the parking garage. About an hour later, Bailey and Gretchen Autrey drove back to the parking garage to retrieve Frank's car, which they brought to McClinton's house.

Price had regained consciousness. Frank testified that Bailey, upon arriving back at McClinton's, again choked Price into unconsciousness in order to stop her screaming. Frank then also throttled Price. (Based on medical evidence, the government alleged that at some point during Price's stay at McClinton's, Frank raped his former girlfriend. The parties point to no evidence that Bailey was aware of Frank's sexual assault. Frank claims he had consensual...

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