U.S. v. Hall

Decision Date16 August 1988
Docket Number86-2275,Nos. 86-2203,s. 86-2203
Citation854 F.2d 1036
Parties26 Fed. R. Evid. Serv. 894 UNITED STATES of America, Plaintiff-Appellee, v. Andrea HALL and Richard Magnant, Defendants-Appellants.
CourtU.S. Court of Appeals — Seventh Circuit

Allan A. Ackerman, Allan A. Ackerman P.C., Chicago, Ill., for defendants-appellants.

Mitchell A. Mars, Asst. U.S. Atty., Anton Valukas, U.S. Atty., Organized Crime & Racketeering Sec., Chicago, Ill., for plaintiff-appellee.

Before POSNER, EASTERBROOK and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Andrea Hall and Richard Magnant were convicted of conspiring to possess and distribute cocaine. They 1 appeal from their conviction alleging that: (1) the district court improperly instructed the jury on a definition of "reasonable doubt;" (2) the trial court committed prejudicial error by instructing the jury that trial witnesses are assumed to speak the truth; (3) the government engaged in intentional misconduct by obtaining an affidavit which was allegedly "filed in camera; " and (4) the trial court erred in disallowing the impeachment of a non-testifying co-conspirator.

We find that under the circumstances of this case, the instructions given by the court did not prejudice the defendants. Moreover, because we agree with the district court's ruling with respect to the suppression of certain impeachment evidence and the admissibility of the affidavit filed by defendant Hall, we affirm the defendants' convictions.

A. BACKGROUND

Defendants Hall and Magnant, along with several other co-defendants, were indicted for participating in a conspiracy to distribute and sell cocaine. Hall and Magnant were ultimately convicted of possessing cocaine with the intent to distribute and distributing cocaine in violation of 21 U.S.C. Sec. 846. The evidence at trial was that co-defendant Sam Sarcinelli headed a large drug distribution operation, obtaining cocaine in Florida and distributing it in California, Chicago, and New York. Co-defendant Larry Bradi, a former Chicago police officer, operated Sarcinelli's drug distribution business in Chicago. Hall was Bradi's girlfriend and an active participant in Bradi's organization. She made several telephone contacts and engaged in transactions involving cocaine. Specifically, Hall collected money and delivered the cocaine. In addition, Hall accompanied Bradi to Los Angeles to pick up cocaine from Sarcinelli. Hall also kept written records of the amounts of cocaine distributed to Bradi's dealers and the amounts of money received.

Magnant was also in Bradi's employ. It appears he was involved with the enforcement branch of the operation and in particular, with collecting a debt owed to Bradi by several of his sub-dealers. Magnant became a go-between between Bradi and his dealers. Magnant also accompanied another co-defendant to Los Angeles to obtain cocaine.

B. THE APPEAL

On appeal, Hall and Magnant do not challenge the sufficiency of the evidence against them. Rather, they seek a reversal of their convictions on the basis of several of the court's jury instructions. In addition, Hall and Magnant also challenge several of the court's rulings.

1. Reasonable Doubt Instruction

First, both defendants challenge the district court's use of its reasonable doubt instruction. 2 Citing United States v. Lawson, 507 F.2d 433 (7th Cir.1974), cert. denied, 420 U.S. 1004 (1975), Hall and Magnant argue that this court has said that "because of the problems of defining reasonable doubt," no instruction defining reasonable doubt should be given. Moreover, defendants state that in United States v. Martin-Trigona, 684 F.2d 485 (7th Cir.1982) this court:

... admonished district courts not to define reasonable doubt. We advise against defining reasonable doubt because often the definition engenders more confusion than does the term itself. We trust that no instruction defining reasonable doubt will be given on remand.

684 F.2d at 493 (citations omitted).

Hall and Magnant say that the district court not only impermissibly instructed on reasonable doubt, but in doing so, also watered down the constitutional requirements of reasonable doubt. They argue that the court's instruction equated reasonable doubt to fair doubt, thereby diminishing the constitutional requirement that a defendant be convicted only if each element has been proved beyond a reasonable doubt. Hall and Magnant maintain that the court's impermissible instruction mandates a reversal of their convictions.

In response, the government concedes that this court has indeed admonished the district courts not to define reasonable doubt. However, the government argues that we have never reversed a conviction simply because the trial court attempted to define reasonable doubt. Although, a reasonable doubt definition at some point may become so incomprehensible that it is prejudicial, the government argues that this is not the case here. In support of its argument, the government cites to a number of cases wherein this court has ruled that although the reasonable doubt instruction given was objectionable, no reversal was warranted. The government argues the instruction given in this instance does not rise to the level of those objectionable reasonable doubt instructions and, therefore, that no reversal is required here.

We have had numerous occasions to consider the propriety of instructing on a definition of reasonable doubt. In Lawson, supra, we held that the refusal to instruct on reasonable doubt even where an acceptable instruction has been offered, is not reversible error. In so ruling, this court reasoned that defining reasonable doubt is often more confusing than illuminating. 507 F.2d at 443. In United States v. Marquardt, 786 F.2d 771, 785 (7th Cir.1986), in which we affirmed our decision in Lawson, we held that a failure to define reasonable doubt is not prejudicial. However, our rulings in Lawson and Marquardt left open the question whether it is a reversible error to give a jury any definition of reasonable doubt, the very issue presented here.

Although we have decried the use of instructions which attempt to define reasonable doubt, Martin-Trigona, 684 F.2d at 493; United States v. Allen, 596 F.2d 227, 230 (7th Cir.), cert. denied, 444 U.S. 871, 100 S.Ct. 149, 62 L.Ed.2d 97 (1979), we have also held that defining reasonable doubt will constitute reversible error only where the instruction is misleading or confusing. United States v. Regilio, 669 F.2d 1169, 1178 (7th Cir.), cert. denied, 457 U.S. 1133, 102 S.Ct. 2959, 73 L.Ed.2d 1350 (1982). Thus, although definingreasonable doubt has not constituted a per se reversible error, we have held that any confusion engendered by such a definition may indeed create error.

The instruction given in this case does equate "reasonable doubt" with "fair doubt" and defines a fair doubt as one "based on reason and common sense." Was that language confusing, thereby impermissibly diminishing the government's burden of proof? In United States v. Wright, 542 F.2d 975 (7th Cir.1976), cert. denied, 429 U.S. 1073, 97 S.Ct. 810, 50 L.Ed.2d 790 (1977); United States v. Hollinger, 553 F.2d 535 (7th Cir.1977), this court reviewed a number of similar instructions which equated a reasonable doubt to a substantial doubt. The Wright court first took note of two cases, including United States v. Gratton, 525 F.2d 1161 (7th Cir.1975), stay denied, 423 U.S. 1067, 96 S.Ct. 1090, 46 L.Ed.2d 658 (1976) in which the court held that in the absence of an objection to an instruction defining reasonable doubt as a substantial doubt, no reversible error was committed, and United States v. Crouch, 528 F.2d 625 (7th Cir.), cert. denied, 429 U.S. 900, 97 S.Ct. 266, 50 L.Ed.2d 184 (1976), in which the court said that had the instructing judge been aware of the Gratton decision, the instruction given, equating reasonable doubt with substantial doubt, would have constituted reversible error. After reviewing Gratton and Crouch, the Wright court then issued the following admonition, "a district court giving a reasonable doubt instruction containing the challenged equation [reasonable doubt = substantial doubt] ... can reasonably expect a reversal." 542 F.2d at 988.

The issue we must decide in this case is whether equating a reasonable doubt to a fair doubt is akin to equating a reasonable doubt to a substantial doubt. It is not. Fair doubt, in the context of this instruction, is neutral indicating an application of fairness. However, substantial doubt is quantitative and is in derogation of reasonable doubt. The phrase "fair doubt" is unhelpful, but it does not impinge upon the reasonable doubt standard.

Other factors also influenced our decisions in cases in which a definition of reasonable doubt was attempted. Despite dubious language, equating reasonable doubt to some other measure of doubt, the instructions did not constitute a constitutional infringement where the instructions also contained language that a defendant is presumed innocent; that the burden of proof never shifts from the government; that the defendant is not obligated to come forward with any evidence; and that a failure to prove guilt beyond a reasonable doubt must result in an acquittal. United States v. Crouch, supra, United States v. Shaffner, 524 F.2d 1021 (7th Cir.1975), cert. denied, 424 U.S. 920, 96 S.Ct. 1126, 47 L.Ed.2d 327 (1976).

In this case, the instruction given to the jury stated that a defendant is entitled to a presumption of innocence which, if the government fails to meet its proof, is sufficient to acquit the defendant. Additionally, the instruction also stated that the burden of proving the defendant's guilt beyond a reasonable doubt, as to each essential element of the crime, was on the government. The instruction stated further that the defendant may rely on the government's failure to meet its burden, implying the defendant was not obligated to come...

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