Glass v. United States
| Decision Date | 13 October 1965 |
| Docket Number | No. 8166-8168.,8166-8168. |
| Citation | 351 F.2d 678 |
| Parties | Leslie Robert GLASS, Appellant, v. UNITED STATES of America, Appellee. Patrick John BURMEISTER, Appellant, v. UNITED STATES of America, Appellee. Stanley Eugene DAVIS, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Jon D. Boltz, of Wilson & Boltz, Denver, Colo., for appellant Leslie Robert Glass.
Michael F. Morrissey, of Frickey & Morrissey, Denver, Colo., for appellant Patrick John Burmeister.
Gary Hemminger, Denver, Colo. (Bruce Owenbey, Denver, Colo., filed a brief), for appellant Stanley Eugene Davis.
Donald P. MacDonald, Asst. U. S. Atty., Denver, Colo. (Lawrence M. Henry, U. S. Atty., Denver, Colo., on the brief), for appellee.
Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.
The appellants, Glass, Burmeister and Davis, together with another defendant, Anderson, were charged in a two-count indictment with violations of the Federal Bank Robbery Act. The first count alleged that Anderson and Glass, by the use of firearms, put in jeopardy the lives of employees of the Erie Bank at Erie, Colorado, and stole approximately $7,553.95, in violation of 18 U.S.C. § 2113(d). This count also alleged that Burmeister and Davis did aid, abet, counsel and induce Anderson and Glass in the commission of the robbery in violation of 18 U.S.C. § 2. The second count alleged that Burmeister and Davis, knowing the money to have been stolen from the Erie Bank, received a portion thereof. All defendants were convicted on the first count; Burmeister was acquitted on the second count; but Davis was found guilty. Anderson and Glass were sentenced to imprisonment for a term of 15 years, Burmeister to 8 years, and Davis to a 6 year term on each count, the sentences to run concurrently. Glass, Burmeister and Davis have perfected separate appeals.
On July 17, 1964, two armed men entered the Erie Bank, forced the employees into the bank vault, and escaped with about $7,500.00. A short time thereafter, Anderson, Glass, Burmeister and Davis were arrested and charged with the crime. There was evidence that the four defendants had met previously and planned the robbery. Anderson and Glass entered the bank while Burmeister and Davis were in a nearby bar. Shortly thereafter the four men were together in Boulder, Colorado. After the arrest, Davis was interviewed by an F.B.I. agent and admitted that he had associated with the other three defendants prior to the robbery, but denied any involvement in the commission of the crime. When Anderson was interviewed by an F.B.I. agent, he made a full confession and gave the details of the robbery. When the agent testified as to the confession, the names of Burmeister and Davis were not mentioned. The trial court instructed the jury that the statements of Davis or Anderson could not be considered as evidence of the guilt of any defendant other than the one making the statement. No contention is made that Anderson's confession was not voluntary or that the evidence did not support the verdicts.
Prior to the trial, Burmeister and Davis filed a motion requesting separate trials. In substance, it was alleged that these defendants had reason to believe that one of the co-defendants had made a confession which implicated them in the crime, and that under the circumstances a fair trial could not be had if this statement were introduced in evidence. They further alleged that they had no criminal records and could not obtain a fair and impartial trial due to the character of their co-defendants, who had extensive criminal records. The denial of this motion is assigned as error. This court has, on numerous occasions, considered the right of a defendant to a severance when the confession of a co-defendant implicates others. We have recognized that it is difficult to remove the prejudicial effect of such a confession by instructing the jury that the confession is hearsay as to other defendants and should not be considered in determining their guilt. In Walton v. United States, 10 Cir., 334 F.2d 343, 347, cert. denied Comley v. United States, 379 U.S. 991, 85 S.Ct. 706, 13 L.Ed.2d 612, we said: ...
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United States v. Coppola, No. 75-1001.
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