Harrison v. United States
| Decision Date | 07 December 1965 |
| Docket Number | No. 17991-17993.,17991-17993. |
| Citation | 359 F.2d 214,123 US App. DC 230 |
| Parties | Eddie M. HARRISON, Appellant, v. UNITED STATES of America, Appellee. Orson G. WHITE, Appellant, v. UNITED STATES of America, Appellee. Joseph R. SAMPSON, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Alfred V. J. Prather, Washington, D. C., with whom Mr. George J. Thomas, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 17991. Messrs. Charles A. Miller, Washington, D. C., and Thomas B. Donovan, Washington, D. C., were also on the brief for appellant in No. 17991.
Mr. Thomas H. Wall, Washington, D. C., with whom Mr. Ronald N. Cobert, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 17992.
Mr. Monroe Oppenheimer, Washington, D. C. (appointed by this court), with whom Mr. I. William Stempil, Washington, D. C., was on the brief, for appellant in No. 17993.
Mr. William H. Willcox, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty. at the time the brief was filed, and Frank Q. Nebeker and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee. Mr. B. Michael Rauh, Asst. U. S. Atty. at the time the record was filed, also entered an appearance for appellee in No. 17991.
Reargued en Banc June 15, 1965.
Opinions Released December 7, 1965, Coincident with Opinion on Rehearing en Banc.
After the opinions of the judges in the sitting division had been considered, the court sua sponte ordered rehearing en banc as to one issue, as hereinafter appears.
These appeals from judgments of conviction in the District Court came on to be heard before a division of the court consisting of Senior Circuit Judge Wilbur K. Miller and Circuit Judges Washington and Danaher. The opinions of the respective members of that division require reversal of the convictions, and the order of this court in that result is unanimous.
The issue discussed in part III, C of Judge Danaher's opinion, was made the subject of a rehearing en banc. On June 1, 1965, the court entered the following order with respect to Harrison v. United States, No. 17991:
Although a majority of the sitting division would have considered that Harrison's oral statements as mentioned in the order might have been received in evidence at a new trial, a majority of the court en banc has ruled otherwise as more fully appears in the opinions that follow.
The convictions are reversed.
So ordered.
The opinions of the judges of the original division follow.
Before WILBUR K. MILLER, Senior Circuit Judge, and WASHINGTON* and DANAHER, Circuit Judges.
An indictment filed April 19, 1960 charged the appellants with murder in the first degree, the first count alleging premeditated murder, and the second charging that on or about March 8, 1960, they murdered one George H. Brown "by means of shooting him with a shotgun, while attempting to perpetrate the crime of robbery." The first count was dismissed. The jury on May 8, 1963 found all three appellants guilty of "felony-murder" and recommended life imprisonment for each.1
About 9 A.M. on March 8, 1960, the victim Brown, a gambler, answered a knock at the front door of his house at 1713 Fourth Street, N.W., here in the District. He was met by a blast from a sawed-off shotgun which Harrison had concealed under his trench coat. The gunshot minutely fractured Brown's face on the right side, destroyed the right eyeball and macerated his brain. Brown's body fell against the front door.2 White and Harrison who had gone to Brown's house intending to rob him, thereupon turned and ran to a waiting get-away car driven by Sampson. The three men then escaped. Additional facts will be interpolated as we turn to the grounds upon which appellate relief is sought.
The appellants were first convicted on October 19, 1960, and on April 21, 1961 had been sentenced to death by electrocution while represented by an impostor, one Daniel Jackson Oliver Wendel Holmes Morgan.3 The appellants now assert that they were twice placed in jeopardy since this court, sua sponte, and over objections by the appellants had ordered a second trial. We do not agree, for in legal effect the so-called "first" trial was a nullity, as will be realized from our noting the bizarre circumstances which impelled our order.
Morgan was not an attorney, but an ex-convict who had taken the name of an absentee attorney, L. A. Harris, who was in fact a member of the bar. Morgan, alias Harris, had purported to represent White and Sampson throughout the first "trial" in September and October, 1960. Harrison then was represented by an attorney who later died whereupon Morgan undertook also to represent Harrison. After the judgment of conviction and sentence, an appeal for all three accused had been brought to this court. While that "appeal" was pending, the Morgan masquerade was discovered. When informed of such facts, and completely satisfied that the appellants had been denied their right to the effective assistance of counsel, we remanded the case to the District Court that it might entertain a motion for a new trial.
But new counsel then representing the appellants refused to move for a new trial, undoubtedly on the assumption that a double jeopardy plea might survive the procedural impasse. This court thereupon declined to further any such stratagem; we directed that the judgments of conviction be vacated. We had concluded under all the circumstances that there was a manifest necessity for our action lest the ends of public justice be defeated.4 Surely these accused in a capital case were entitled to a "full defense by counsel learned in the law,"5 rather than to representation by Morgan. Granting that "each case must turn on its facts,"6 we found the reasons here "compelling"7 for the action we directed.
The Government then went forward with the trial leading to the convictions now under review. The plea of former jeopardy must fail.
Appellants contend they were denied their right to a speedy trial. Following their first appeal, they could have been tried in the Fall of 1961 if they had followed this court's original suggestion that they move for a new trial. They refused to do so, and as noted, supra, this court, sua sponte, was obliged to reinstate the appeals and, on June 12, 1962, to enter an order vacating the original judgments of conviction. That order was filed in the District Court July 3, 1962. The District Court then assigned the case for trial on October 17, 1962. By that date there had been hearings on motions of various court-appointed counsel for leave to withdraw; Harrison had no attorney; Attorney David, appointed October 30, 1962, thereafter sought a continuance contending that he had no transcript of the first trial; Harrison then moved that Attorney David be discharged; motions to dismiss on double jeopardy grounds had been filed and argued; in short, on one basis or other, the District Court was occupied with a series of defense motions, some purportedly of substance, some procedural, but all contributing to delay.
The unique problems stemming in the first place from Sampson's and White's having engaged the impostor Morgan gave rise to the several dilatory moves. No prejudice in fact was shown. Nor were the "circumstances" such as to deprive the appellants of constitutional rights.8
Our next inquiry involves inculpatory statements attributed to the respective appellants. We may first set forth briefly the evidence at hand as of the day of the crime.
Across from Brown's house on March 8, 1960 lived a Mrs. McCoy. Between 9 and 9:30 A.M., she heard "this loud noise go off" and ran into the street. She saw "two boys coming out" of Brown's house, and one of them "put something under his coat, a gun."
One Thomas Young had breakfast that morning at Keys' Restaurant. He sat in a booth with Brown until both left the restaurant about 9 o'clock. Then Brown entered his car. In the restaurant Young had seen a man9 who was looking at him and Brown. He noticed that the man came from the restaurant as Young and Brown left the premises. He saw that man get into a black Buick car parked near the restaurant. Two other people were in the car. Within a short time Young learned of the attack upon Brown and called the police.
Such was the scanty evidence known to the police shortly after their gaining access to Brown's house and their discovery of his body wedged against the front door. Police investigation went forward immediately.
Later that same day officers questioned these appellants concerning their possible connection with the crime. As the police sought information from Harrison, he told an officer his name and his address, and then added "I don't have to tell you anything else, you can go to hell." All three appellants then denied knowledge of the killing. After having been detained overnight, all three appellants were released.
Some time in the afternoon of March 20, 1960, police went to Sampson's house looking for him but he was not there. About 6 P.M., Sampson telephoned to Headquarters and stated to Captain Daly that he understood the police had been looking for him and that he was then at home. Two officers were sent for him. They handcuffed Sampson and brought him to Headquarters. Questioned by Captain Daly, Sampson, commencing about 6 P.M.,...
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...on his first appeal because the confessions were obtained in violation of federal (though not constitutional) law. Harrison v. United States, 359 F.2d 214 (D.C.Cir.1965). On remand, the prosecutor was allowed to introduce defendant's testimony from the first trial, and he was again convicte......
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...conviction was reversed, with the Court of Appeals determining the confessions were illegally obtained and inadmissible. Harrison v. United States, 359 F.2d 214, 222, on rehearing en banc, 359 F.2d at 223 (D.C.Cir.1965). At retrial, the confessions were not used, but Harrison's previous tes......
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