U.S. v. Layton
| Citation | 720 F.2d 548 |
| Decision Date | 10 August 1983 |
| Docket Number | No. 82-1072,82-1072 |
| Parties | 13 Fed. R. Evid. Serv. 1313 UNITED STATES of America, Plaintiff-Appellant, v. Laurence John LAYTON, Defendant-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Frank J. Marine, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellant.
James F. Hewitt, San Francisco, Cal., for defendant-appellee.
Appeal from the United States District Court for the Northern District of California.
Before WALLACE, KENNEDY, and NELSON, Circuit Judges.
Layton was indicted and tried on four counts arising from the killing of Congressman Leo Ryan and the wounding of Richard Dwyer, Deputy Chief of Mission for the United States in the Republic of Guyana. Layton was charged with (1) conspiracy to murder a Congressman in violation of 18 U.S.C. Sec. 351(d); (2) aiding and abetting the murder of a Congressman in violation of 18 U.S.C. Secs. 2, 351(a); (3) conspiracy to murder an internationally protected person (Dwyer) in violation of 18 U.S.C. Sec. 1117; and (4) aiding and abetting the attempted murder of an internationally protected person in violation of 18 U.S.C. Secs. 2, 1116(a).
Layton's first trial ended in a hung jury, and the district judge declared a mistrial. Before the second trial, the government moved pursuant to rule 12(d) of the Federal Rules of Criminal Procedure for an order allowing the government to present at retrial certain statements that were ruled inadmissible during the first trial. The excluded statements, which we will analyze in four main categories, were all held inadmissible either as hearsay which did not fall within any exception to the hearsay rule, or as violative of the confrontation clause of the sixth amendment. We reverse as to three categories of evidence and affirm as to one category.
To support its arguments for admitting the evidence, the government was required to present an offer of proof to establish a prima facie case of conspiracy. We refer to this offer of proof for a factual background.
Jim Jones was the leader of the People's Temple, a religious organization composed primarily of American citizens. The People's Temple had a settlement of approximately 1,200 members, known as Jonestown, located in the Republic of Guyana. In response to allegations of poor living conditions in Jonestown and of residents' being detained against their will, Congressman Ryan traveled to Guyana. On November 1, 1978, Ryan advised Jones by telegram of his intended Jonestown visit to conduct an official congressional investigation. A group of relatives of Jonestown residents known as the Concerned Relatives Group planned to accompany Ryan.
Jones discussed Ryan's impending visit in nightly speeches to Jonestown residents gathered at the Jonestown pavilion. Loudspeakers throughout Jonestown enabled anyone to hear Jones expressing hostility and concern about Ryan's expected investigation. He stated that if Ryan came "maybe [his] plane will just fall out of the sky." He also told the residents not to talk to any visitors.
Layton formerly had been a member of the People's Temple security force in the United States. He also was close to the hierarchy of the People's Temple. Layton was observed listening to the broadcasts concerning Ryan's impending visit.
On November 14, the Ryan delegation arrived in Georgetown, Guyana, and after some initial difficulties, Ryan finally obtained permission to visit Jonestown. On Friday, November 17, the Ryan party flew from Georgetown to an airstrip at Port Kaituma, Guyana, about six miles from Jonestown, and then traveled by truck from the airstrip to Jonestown, arriving there later that same day.
Congressman Ryan and members of his party interviewed residents on Friday and Saturday. A number of them, including Monica Bagby, Vern Gosney, and the family of Gerald Parks, decided to leave Jonestown and asked Ryan for his assistance. Jones and members of the Temple's leadership apparently became angered when they learned that some residents intended to leave. Jones attempted to dissuade them and offered Parks $5,000 not to leave. Jones also expressed concern that people would lie about conditions at Jonestown.
On Saturday afternoon, departing residents and members of the Ryan party assembled at a truck near the pavilion which was to transport them to the Port Kaituma airstrip. About that time, Jones was observed in conversation with Layton, Joe Wilson and another member of the Temple security force. Layton then indicated that he also wished to leave Jonestown, and boarded the truck with the others. Layton's announced defection surprised and concerned some of those who were leaving because they did not trust him, and believed he was feigning defection from Jonestown. Departure for the airstrip was delayed because the truck became stuck in the mud. During the delay, a member of the People's Temple attacked Ryan with a knife. Ryan initially had intended to stay another night to help others who wanted to leave Jonestown, but after the attack he decided to leave immediately.
During the truck ride, one of the Ryan group bumped against Layton to determine whether he was armed, but felt no weapon. As the truck approached the Jonestown gate, Wilson, a member of the Jonestown security force, boarded the truck. He was armed with a revolver. During the trip to the airstrip, Layton talked with Breidenbach, another security force member, who was standing next to him. Crenshaw, who previously had been a security force member, drove the truck to the airstrip.
Congressman Ryan had arranged for two planes, a 19-seat Otter and a 6-seat Cessna, to transport the group from the airstrip to Georgetown. Because the Cessna arrived at the airstrip about 20 minutes before the Otter, part of the delegation boarded the small plane. Layton insisted on traveling in the smaller plane. As Ryan and several others searched those planning to depart, Layton left the line of travelers and boarded the Cessna. Layton was then told to leave the plane and submit to a search. After first falsely claiming that he had already been frisked, he reluctantly complied. Although the search did not reveal any weapons, and he was permitted to reboard the Cessna, Layton somehow ended up with a gun on the airplane. Layton later claimed that he was given the gun by a Temple member named Poncho, but the gun may have been passed to him by Wilson who hugged Layton and put his hand underneath the poncho that Layton was wearing shortly before Layton boarded the plane.
When the Cessna was fully boarded, others were still in the process of boarding the Otter. The Cessna taxied down the runway, preparing to take off. At this point, a tractor-trailer cut in front of the Cessna and moved toward the larger plane. A group of People's Temple members, including Wilson and Breidenbach, began shooting from the tractor-trailer at the larger plane, hitting people inside as well as outside the plane. Congressman Ryan, who was standing outside near the Otter, was among those shot and killed. Other people were wounded; some escaped into the jungle.
The Cessna passengers heard the gunfire. Parks asked the pilot to stop the plane, which was then moving down the runway, and Bagby urged everyone to leave the plane. Layton insisted that the plane take off and then took a revolver from his crotch area and shot Bagby and Gosney two times each. He tried to shoot Parks, but his gun misfired. Parks and Gosney struggled with Layton and disarmed him. The occupants of the smaller plane then escaped into the jungle.
Shortly thereafter, when the survivors began to regroup, Layton denied that he shot anyone and accused Parks of the shooting. Guyanese civilians took Layton to the Guyanese Supernumerary Constable at Port Kaituma, where he stated "I'm glad I shot [them]." On November 22, Layton voluntarily gave a signed, written confession to Guyanese authorities in which he stated:
I, Larry Larry [sic] Layton, take full responsibility for all the deaths and injuries that took place at the Port Kaituma airstrip.
I had begged the Bishop Jim Jones that I be allowed to bring down the plane, but he disapproved. My reason for suggesting that was because I felt that these people were working in conjunction with the CIA to smear the People's Temple and to smear Guyana. I got a gun from a friend of mine, one Poncho, and I went to the airstrip intending to bring down the plane. But when the shooting started, I also started shooting as I thought it was all too late. I don't know why I did it.
Based on the offer of proof, the district judge ruled that the government had presented sufficient evidence to establish a prima facie case of a conspiracy to kill Congressman Ryan. We agree. Nevertheless, he excluded the contested evidence as hearsay or violative of the confrontation clause. The excluded evidence includes: (1) tape-recorded statements by Jones to members of the People's Temple prior to the arrival of the Ryan party; (2) statements made by Jones to Charles Garry, his attorney, shortly after the Ryan party left Jonestown for the airstrip; (3) Jones's tape-recorded statements, referred to as the "Last Hour Tape"; and (4) statements made after the shooting by People's Temple member Carter to Parks. In denying the government's Federal Rules of Criminal Procedure rule 12(d) motion, the district court excluded five categories of evidence from the retrial, but the government contests on appeal the exclusion of only these four categories.
The unique procedural posture of this case raises two jurisdictional questions of first impression in this circuit: (1) Was the district court correct in ruling on the government's motion prior to rather than during trial? (2) Do we have appellate jurisdiction to review the district court's interlocutory order? Although these issues were not argued or briefed by the parties, we are obliged to...
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