U.S. v. Quinn, 74-2309
| Decision Date | 23 June 1975 |
| Docket Number | No. 74-2309,74-2309 |
| Parties | 89 L.R.R.M. (BNA) 2691, 77 Lab.Cas. P 10,956 UNITED STATES of America, Plaintiff-Appellee v. Clarence J. QUINN, Jr., Defendant-Appellant |
| Court | U.S. Court of Appeals — Fifth Circuit |
John R. Byer, Atlanta, Ga., Howard Moore, Jr., Berkeley, Cal., for defendant-appellant.
John W. Stokes, U.S. Atty., William P. Gaffney, William Radek, Asst. U.S. Attys., Atlanta, Ga., Lee J. Radek, Atty., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.
Before THORNBERRY, COLEMAN and ROSENN, * Circuit Judges.
On May 15, 1973, the grand jury for the Northern District of Georgia indicted Reverend Clarence J. Quinn, Jr. for extortion and attempted extortion in violation
of the Hobbs Act, 18 U.S.C., Sec. 1951, 1 as follows:
COUNT ONE
That, on or about December 16, 1972 at Atlanta, Georgia, in the Northern District of Georgia, CLARENCE J. QUINN, JR., did unlawfully, knowingly and wilfully obstruct, delay and affect, and attempt to obstruct, delay, and affect interstate commerce and the movement of articles in commerce by extortion through the wrongful use of fear in violation of 18 U.S.C. 1951, to wit, by obtaining from Federico Kiesling, District Supervisor, American Discount Stores, Inc., New York, New York, which corporation operates the American Discount Store, 40 Whitehall Street, S.W., Atlanta, Georgia and other retail stores in various states, all of which receive and sell goods shipped in interstate commerce, a check in the amount of three hundred ($300.00) dollars payable to the Greater Edgewood Baptist Church, and subject to Quinn's personal use, which was obtained with the consent of Federico Kiesling by the wrongful use of fear of economic loss namely by the use of pickets at American Discount Store in Atlanta, Georgia.
That, on or about January 6, 1973 at Atlanta, Georgia, in the Northern District of Georgia, CLARENCE J. QUINN, JR. did unlawfully, knowingly and wilfully obstruct, delay and affect, and attempt to obstruct, delay, and affect interstate commerce and the movement of articles in commerce by extortion through the wrongful use of fear in violation of 18 U.S.C.1951, to wit, by obtaining from Paul Daumit, Chairman of the Board, Daumit Stores, Inc., St. Louis, Missouri, which firm operates Shaw Clothes, Atlanta, Georgia and other retail clothing stores in various states, all of which receive and sell goods shipped in interstate commerce, a check in the amount of five hundred ($500.00) dollars payable to the Greater Edgewood Baptist Church, and subject to Quinn's personal use, which was obtained with the consent of Paul Daumit by the wrongful use of fear of economic loss namely the threat of pickets at Shaw Clothes in Atlanta, Georgia.
Reverend Quinn waived jury trial and was found guilty by the Court on both Counts. He was given concurrent sentences of six months incarceration, with three years probation.
The grounds asserted in support of reversal are that (1) the evidence was insufficient to establish guilt of the offense charged and (2) the convictions infringed appellant's First and Fifth Amendment rights.
We affirm the convictions under both Counts One and Two.
Reverend Quinn was a black minister and civil rights activist in Atlanta, leading a congregation at the Greater Edgewood Baptist Church, running a day care center sponsored by the Church, and president of an organization known as the Christian Leadership Union at Work. As pastor of the Church, Quinn received no fixed salary, but was free to make withdrawals from various church bank accounts. The evidence showed that he drew primarily from the day care center account, to which he had unlimited access and used at his sole discretion.
The CLUAW was a civil rights organization, the main objective of which was securing increased economic opportunity for blacks in Atlanta. One of its major concerns was insuring that black employees in the Atlanta business community received adequate pay. The organization would canvass black employees to determine their salaries. If a worker complained, or the CLUAW felt that the pay was too low, negotiations with the employer would be undertaken. The negotiations with the employers would often be accompanied by an employee strike and picket lines in front of the business establishment. Upon the appearance of the pickets a settlement would usually be shortly forthcoming because the picket lines brought business to a virtual standstill.
It is undisputed that the bulk of the merchandise traded at all stores mentioned herein came from points outside Georgia.
Viewed in the light most favorable to the verdict, 2 there is substantial evidence of the following facts common to both counts in the indictment:
(1). Picketing a store under the conditions prevailing in this case drastically reduced business volume in the most profitable season of the year (Christmas) and could result in serious financial loss, if not the closing of a store.
(2). The storeowners feared such an eventuality, and it was this fear which prompted their contacts with Quinn.
Evidence of Quinn's intent and purpose in carrying on the activities 3 which prompted the indictment was provided by Herbert Springer, of Springer's Department Store, who testified that contemporaneously with the events alleged in the indictment he was forced to pay Quinn $700 to remove a picket line in front of his store.
Over objection, Springer testified that his company had a store in Atlanta and one in Washington, where he lived. On December 17, 1972, led by Quinn, Springer's employees were picketing the Atlanta store. On that day Quinn telephoned Springer, suggesting that he come down to Atlanta to discuss the situation. Springer offered to pay Quinn's expenses Springer testified:
to come to Washington for the conference, but this was declined. So, on December 18, Springer went to Atlanta. He conferred with Quinn at the Church.
The ultimate agreement was for $700, which was paid by check, carrying the notation "Donation to Church". The notation was put there at Quinn's request.
Springer further testified:
"[B]efore I delivered it [the check], I asked him 'If I give you this check, how long would it take for the pickets to be off, to stop picketing?' "
Quinn asked if ten minutes would be fast enough.
They went back to the store and Quinn called off the pickets. Springer further testified that during the picketing his business "fell down to nothing"; that Quinn first demanded cash, which he refused to pay; and the cancelled check was endorsed "Greater Edgewood Baptist Church Day Care", to which Quinn had unrestricted access.
Count One charged Quinn with extortion in obtaining $300 from the American Discount Store on December 16, 1972.
In December, 1972, the American Discount Store was operated as a retail general merchandise business in Atlanta. The store employed approximately seven persons, most of whom were black, and it sold most of its merchandise to members of the black community.
In early December, Reverend Quinn asked Roberto Kiesling, the store manager, about employee compensation. Kiesling refused to supply that information, but he did give Quinn the name of the district supervisor, Frederico Kiesling. Roberto then reported the incident to Frederico, who was out of town at the time. Quinn pursued his inquiry at a later date, this time informing Roberto Kiesling that he represented the CLUAW. At this point, Roberto gave Quinn the information regarding employees' wages. Quinn demanded that he be granted a conference with Frederico Kiesling to discuss the matter further.
On December 14, Frederico Kiesling arrived in Atlanta. On the morning of December 15, he met with several employees who presented him with a request for an increase in pay. Kiesling told them that no immediate action would be taken on their demands, but that the matter would receive consideration after the first of the year. The employees then returned to work. Soon thereafter, Quinn entered the store and demanded to speak with Frederico.
He and Kiesling conferred on the matter of higher pay, but Kiesling refused to authorize an immediate raise. At this point Quinn left Kiesling's office and spoke with several employees. Shortly thereafter, all the balck employees of American Discount walked out of the store and, with Quinn, set up a picket line outside.
During the afternoon, Quinn and five employees of American Discount were arrested for blocking a sidewalk and obstructing traffic and were taken to jail. While in jail Quinn incurred expenses of $180 for bail bond premiums to obtain the release of himself and the five employees. The premium on the bail bonds was taken to the bonding company office by Quinn's secretary. It came from a petty cash fund kept on hand at the Greater Edgewood Baptist Church. Quinn obtained the services of an attorney to represent him and the five employees in connection with the obstruction of traffic charges. This attorney appeared in court on their behalf.
The next day, Saturday, December 16, Quinn and the five employees resumed their picketing in front of the American Discount Store. Being forced by the picket line to face drastic decline in the ordinarily heavy Christmas business At this time Quinn and Kiesling reached an agreement that the employees of American Discount would be given an immediate pay increase. Kiesling refused, however, to pay the employees for the time they had missed during the strike. Quinn then requested that Kiesling pay $200 to cover expenses of the strike. Kiesling resisted this proposal, but nevertheless called his New York office for authorization. After some discussion of the matter, the main office approved a $200 payment. Quinn then asked for an additional...
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