Lindsay v. U.S., 76-1474
| Citation | 542 F.2d 755 |
| Decision Date | 19 October 1976 |
| Docket Number | No. 76-1474,76-1474 |
| Parties | Randy LINDSAY, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
R. Steven Brown, Asst. Federal Public Defender, Springfield, Mo., for appellant; David R. Freeman, Federal Public Defender, Kansas City, Mo., on the brief.
James C. England, Asst. U. S. Atty., Springfield, Mo., for appellee; Bert C. Hurn, U. S. Atty., Kansas City, Mo., on the brief.
Before GIBSON, Chief Judge, MARKEY, Judge * and STEPHENSON, Circuit Judge.
This is an appeal from the judgment of the district court for the Western District of Missouri, Southern Division, 1 following a trial in which a jury found Lindsay guilty under 18 U.S.C. §§ 2421, 2422. We affirm.
Lindsay, with Adrian Bradd and three females, traveled from Chicago, Illinois, to Pulaski County, Missouri. They arrived, secured accommodations at a local motel, and rendezvoused with two other females. That same day, upon information that he had transported females in interstate commerce for immoral purposes, Lindsay was arrested at the motel and was lodged in the county jail.
The following day, Lindsay was interviewed there by FBI agent Scruggs. Advised A jury trial commenced on May 3, 1976. Lindsay testified contrary to some of his pretrial statements. He testified that he was scared and unaware of what he was signing when he signed the waiver. Lindsay admitted that he was never threatened but could tell he was in trouble by merely looking at the authorities. A rebuttal witness testified to the reading of Lindsay's rights and his signing of the waiver. Lindsay twice moved for acquittal on the ground that the legally admissible evidence was insufficient to establish his guilt beyond a reasonable doubt. He also objected to Scruggs' testimony as lacking corroboration. The motions were denied and the objection overruled. A jury verdict of guilty was entered May 3, 1976. On May 28, Lindsay was sentenced to an indeterminate term under the Youth Corrections Act, 18 U.S.C. § 5010(b).
of his constitutional rights, Lindsay refused to sign a waiver thereof without aid of counsel. He did, however, agree to some conversation. The interview terminated with Lindsay giving a false identity and refusing to comment on events leading to his arrest. Subsequently, a member of the military police interviewed Lindsay in his cell to ascertain his true identity. That interview concluded with Lindsay requesting another interview with Scruggs. The requested interview commenced with Lindsay again being advised of his rights by Scruggs. Lindsay listened to, read and signed a waiver. 2 Thereafter, Lindsay stated that he knew the three females were being transported for prostitution; that his role was to learn how to manage "the chicks," that he was concerned with their operation and care; and that his expenses and the entire journey had been financed by Bradd. Counsel was appointed for Lindsay on February 9, 1976. During the grand jury investigation, Lindsay's counsel moved to suppress Lindsay's statements to Scruggs. The district court denied that motion after a hearing. An indictment was returned on March 4, 1976, charging Lindsay with violations under Title 18
OPINION
Though Lindsay points to conflicts between his extrajudicial admissions and his testimony and between his testimony and that of the prosecution witnesses, it is clear that the jury has resolved those conflicts and has done so on the basis of legally adequate and admissible evidence.
The government essentially relied on testimony concerning Lindsay's extrajudicial admissions and corroborating testimony of Denise Childress, one of the three transported females. Extrajudicial admissions of essential facts or elements of the crime must be corroborated by substantial, independent evidence. Smith v. United States, 348 U.S. 147, 75 S.Ct. 194, 99 L.Ed. 192 (1954); accord, United States v. Kitzman, 520 F.2d 1400, 1404 (8th Cir. 1975). Lindsay contends here that his admissions were uncorroborated and that the district court erred in admitting testimony thereto over his objection. We disagree. The transported female Childress testified that Lindsay operated the automobile during their journey from Illinois to Missouri, that he...
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