United States v. Springer

• Decision Date: 25 May 1972
• Docket Number: No. 71-1188.,71-1188.
• Citation: 460 F.2d 1344
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Winston Valdemar SPRINGER, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

460 F.2d 1344 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Winston Valdemar SPRINGER, Defendant-Appellant.

No. 71-1188.

United States Court of Appeals, Seventh Circuit.

Argued November 9, 1971.

Decided May 25, 1972.

Robert R. Tepper, E. St. Louis, Ill., for defendant-appellant.

Henry A. Schwarz, U. S. Atty., Jeffrey F. Arbetman, Asst. U. S. Atty., E. St. Louis, Ill., for plaintiff-appellee.

Before CUMMINGS, PELL and STEVENS, Circuit Judges.

PELL, Circuit Judge.

Springer appeals from convictions on four counts of an indictment charging him with violations of 18 U.S.C. § 2113(a), (c), (d) and § 371 (conspiracy) arising out of an armed robbery of a federally insured savings and loan institution on May 5, 1970, in East St. Louis, Illinois. There was substantial evidence showing his participation in the crime; however, a reversal is sought based upon claimed violations of his constitutional rights in pretrial interrogations and upon claimed trial errors.

Trial testimony placed Springer as a sharing participant in the division of the bank loot immediately following the robbery. Three witnesses to the occurrence identified Springer as one of the robbers although two of them apparently needed their recollections refreshed by photographs taken during the holdup. The photographs themselves were in evidence as were two incriminating confessions by Springer, one oral and one in writing.

The admissibility of the two confessions, properly challenged by a motion to suppress, is the principal basis of Springer's appeal.

Upon learning, on May 16, 1970, from his sister that a warrant for his arrest had been issued, Springer approached two city detectives, telling them that he "wanted to go downtown to get it straight." Approximately three hours later he was interviewed by two FBI agents and during the course of this interview he gave the oral confession.

One of the agents on the following day wrote a statement based on the oral confession. On May 18, Springer was arraigned and counsel was appointed for him at his request. Shortly thereafter, while still in the marshal's office, the FBI agent talked to Springer who signed the written confession transcribed the previous day. No additional facts apparently were elicited on this occasion.

On the occasion of the first FBI interview, the "Your Rights" form used by that agency was read aloud to Springer who also himself read a copy thereof.¹ Springer then signed a waiver of rights form, following which the interrogation occurred which resulted in the oral confession. The record is silent as to any persuasive basis for belief that Springer was mentally incapable of comprehending what he was doing, that he was overreached or under duress, or that he was speaking or acting other than voluntarily, unless some of the surrounding circumstances establish a legal vitiation of voluntariness.²

On the May 18 occasion, the "Rights" form was handed to Springer who appeared to read it and who thereafter signed a waiver of rights form.

Further reference to the factual context will be made as necessary to set forth Springer's contentions.

He first argues that the May 16 oral confession cannot be considered voluntary because it was induced by promises. Both FBI agents denied any promises had been made to Springer, and, indeed, he testified himself, ". . . I couldn't exactly say a promise. . . ."

The claim here stems from an inarguably correct proposition of law that a confession must not be extracted by implied promises, however slight, Bram v. United States, 168 U.S. 532, 542-543, 18 S.Ct. 183, 42 L.Ed. 568 (1897). See also Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

The implied promise here is not clear. Springer's testimony on several occasions is that if he would cooperate the agent could "almost assure" him. He is silent, however, as to what he was being assured. We know of no requirement in the examination of the voluntariness of a confession that an implication be erected on pure conjecture.

The FBI agent who had been the principal interrogator, when asked about "cooperation" being involved, stated that Springer was informed "that if he were to cooperate, no promises of any kind would be made to him; however, the United States Attorney would know of the fact that he had cooperated, and the Court would also be aware of the fact that he had cooperated."

That this was the gist of the colloquy on this point seems clear from Springer's own testimony at the hearing on the motion to supress.

"Q. I see. In other words, what did he promise you?

"A. It wasn't a direct promise. It was law or something to make a direct promise. `I can't promise you, but I will amost sic assure you.'

"Q. Of what?

"A. Of what?

"Q. What did he assure you about?

"A. `That the prosecution and the judge and Mrs. sic Elvira Fellner U. S. Commissioner will know.'"

While what Springer claims was impliedly promised was, and on this appeal is, not demonstrated we may infer from a trial tactic that it could have been some sort of lesser punishment for his crime. This, although admittedly conjectural, could be read from Springer's testimony concerning his arraignment before the United States Commissioner:

"Mrs. sic Fellner distinctly said, `Mr. Benson called me and told you cooperated; therefore, I will go light on you. I will set your bond at twenty-five thousand dollars.\' This marshal was present."

While a $25,000.00 bond for a man who had signed an indigency form would seem either to belie the going "light" or to demonstrate a somewhat macabre sense of humor, we do not have to guess. Miss Fellner, the Commissioner, and the deputy United States marshal denied the statement and Miss Fellner further denied that the FBI agent had called her and recommended anything. The testimony was that if there had been a recommendation as to the amount of the bond, which it did not appear there had been in this case, it would have come from the United States Attorney. For rather obvious reasons, this tack was not pursued on appeal.

The thrust of the trial strategy was that the confession was involuntarily induced. Indeed, Springer's counsel, notwithstanding the lack of a reference to Springer's confession in the opening statement of the United States attorney, put the matter of the confession squarely before the jury in his own opening statement. The district court, following a fairly conducted pretrial hearing on the motion to suppress, found the claim of involuntary confession to be without merit. The jury reached the same conclusion and we do also.

As was stated in United States v. Frazier, 434 F.2d 994, 995-996 (5th Cir. 1970), "Frazier's confession was not involuntary by reason of the single fact that the FBI agents told him that if he cooperated with them his cooperation would be made known to the United States Attorney, that there might be some consideration by the United States Attorney but that the agents could make no promises."

No public policy should castigate a confession of crime merely because it may have been prompted by the hope that cooperation might achieve or increase the chances of a lenient sentence. United States v. Drummond, 354 F.2d 132, 144, 149 (2d Cir. En Banc 1965), cert. denied, 384 U.S. 1013, 86 S.Ct. 1968, 16 L.Ed.2d 1031 (1966).

Springer's second contention is that the May 16 confession was not secured in a manner to satisfy the "heavy burden" laid on the Government by Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).³

On the occasion of the first interview with the FBI, Springer admittedly being in custody, following a display of credentials, one of the agents advised Springer that he was being interviewed with regard to the robbery. A copy of the "Rights" form was handed him and then read to him as follows:

"Before we ask you any questions you must understand your rights. You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and to have him with you during questioning. If you cannot afford a lawyer one will be appointed for you before any questioning, if you wish. If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer."

Beneath the rights statement appeared the following waiver:

"I have read the statement of my rights, and I understand what my rights are. I am willing to make a statement and answer questions. I do not want a lawyer at this time. I understand and know what I am doing. No promises or threats have been made to me, and no pressure or coercion of any kind has been used against me."

Springer signed this waiver as he also did on May 18.

Springer here is distinguishing the issue from the first voluntariness issue, emphasizing the claimed lack of knowledgeable waiver of his rights under the fifth and sixth amendments, rather than the broader concept of voluntariness referred to in Bram, supra.

The crux of the complaint is that the agent conducted no "real inquiry into defendant's waiver." While the Miranda-dictated forms may be so mechanistically or slightingly used as to destroy their efficacy for their intended purpose, we are not of the opinion that a law enforcement agent has to engage in a violent argument with an in-custody subject to a point beyond that reasonably necessary to assure effective communication.⁴ After that reading, Springer was asked "if he understood it, and he said he did." Also as previously noted herein, Springer's reply brief asserts that he is not contending "that he did not know what he was doing at the time of the confession."

Although the evidentiary pretrial hearing on the motion to suppress was not cursory, nor did it appear Springer was limited in his presentation, the record is sparse on those factors ...