U.S. v. Handy, 81-1902
| Decision Date | 06 January 1982 |
| Docket Number | No. 81-1902,81-1902 |
| Citation | 668 F.2d 407 |
| Parties | 9 Fed. R. Evid. Serv. 1210 UNITED STATES of America, Appellee, v. Robert HANDY, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Law Offices of J. Martin Hadican by J. Martin Hadican, argued, Joyce Yulkey MacDonald, Clayton, Mo., for appellant.
Thomas E. Dittmeier, U.S. Atty., Frederick R. Buckles, argued, Asst. U.S. Atty., St. Louis, Mo., for appellee.
Before LAY, Chief Judge, and HENLEY and ARNOLD, Circuit Judges.
Robert Handy was convicted in 1980 of fifteen counts of mail fraud and one count of conspiracy in connection with the death of Peter J. Halm. The convictions of Handy and his coconspirators arose from their involvement in an alleged scheme to defraud insurance companies by insuring the life of Peter J. Halm, killing him and collecting the insurance proceeds. Handy and a coconspirator, Glennon Engleman, were tried jointly and convicted. This court reversed Handy's conviction on appeal on the ground that failure to sever Handy's trial constituted an abuse of discretion. United States v. Engleman, 648 F.2d 473 (8th Cir. 1981). Upon retrial Handy was convicted of 14 counts of mail fraud and one count of conspiracy. On this appeal he alleges that the trial court erred in: (1) admitting the statements of certain coconspirators against him under Fed.R.Evid. 801(d)(2)(E); (2) admitting the statement of a coconspirator against him as an adoptive admission under Fed.R.Evid. 801(d)(2) (B); and (3) in denying his motion for acquittal based on insufficient evidence that Handy knowingly participated in the conspiracy.
We affirm for the reasons stated below.
Handy first objects to the admission of several statements elicited through the testimony of Carmen Miranda Halm regarding statements made to her by Engleman. She testified that "when she asked Engleman who would know about the plan to murder Halm and collect the insurance Engleman responded that Handy would help him."
Another statement occurred following their first meeting after Halm's death. Carmen and Engleman were discussing the day of the shooting and she stated Engleman expressed anger at Handy for some mistake that he had made in the course of the events that day leading up to the shooting. Engleman also told her that Handy had driven the car the day of the killing. During this meeting, Carmen and Engleman also discussed the fact that she had not heard from the insurance companies. Engleman stated that they had to contact her soon and that she should let him know as soon as they did because he had to pay Handy.
Handy urges that the statements relating to the events that occurred the day of the shooting were mere narrative accounts of past incidents and thus inadmissible under the coconspirator exception to the hearsay rule. The remaining statements he argues were not made in furtherance of a conspiracy and should not have been admitted. We hold that the trial court did not err in the admission of these statements under Fed.R.Evid. 801(d)(2)(E).
Statements of a coconspirator identifying a fellow coconspirator are considered to be made in furtherance of the conspiracy. United States v. Williams, 604 F.2d 1102, 1113 (8th Cir. 1979). The statements were clearly made during the course of the conspiracy. These statements clearly help identify the role of one coconspirator to another. Thus not only is the progress of the conspiracy revealed but by the testimony an explanation of payment is involved as well. Cf. United States v. Goodman, 605 F.2d 870, 877-78 (5th Cir. 1979); United States v. Overshon, 494 F.2d 894, 899 (8th Cir.) cert. denied 419 U.S. 853, 95 S.Ct. 96, 42 L.Ed.2d 85 (1974). The court may...
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