U.S. v. Hoffman, 85-2252
Decision Date | 12 November 1986 |
Docket Number | No. 85-2252,85-2252 |
Citation | 806 F.2d 703 |
Parties | 21 Fed. R. Evid. Serv. 1295 UNITED STATES of America, Plaintiff-Appellee, v. David L. HOFFMAN, Defendant-Appellant. |
Court | U.S. Court of Appeals — Seventh Circuit |
Samuel J. Cahnman, Chicago, Ill., for defendant-appellant.
Jan E. Kearney, Asst. U.S. Atty., Joseph P. Stadtmueller, U.S. Atty., Milwaukee, Wis., for plaintiff-appellee.
Before CUMMINGS and COFFEY, Circuit Judges, and WILL, Senior District Judge. *
The defendant, David Hoffman, appeals his conviction for threatening the life of the President of the United States. We affirm.
On December 17, 1984, the following letter was received in the White House mail room:
At the end of the unsigned letter was a crude drawing of a pistol with a bullet emerging from the barrel. A mailroom employee opened the letter, observed and noted that the letter contained not only threatening words, but that also inscribed thereon was the threatening drawing of a gun with a bullet emerging therefrom. She placed the same and its envelope in a plastic evidence bag and forwarded it to the United States Secret Service, the federal agency charged with the responsibility of providing personal security for the President. An intelligence research specialist with the Secret Service reviewed the letter and envelope and, after noting a Milwaukee, Wisconsin, postmark, notified the Secret Service's Milwaukee field office that the White House mail room had received the document. The letter and envelope were forwarded to the Forensic Service Division of the Secret Service where an "indentation analysis" (the process of bringing out indentations caused by previous writing on paper placed on top of the sheet under analysis) was performed. The indentation analysis procedure and handwriting comparisons established that a David Hoffman, residing at 2508 E. Bellview Place, Milwaukee, 53211, was the author of the letter.
On December 28, 1984, Hoffman was arrested by a Special Agent of the Secret Service and a Milwaukee Police Officer. After being advised of his constitutional rights, the defendant was confronted with a copy of the threatening letter and responded, stating "the letter wasn't signed and could be forged." He further stated "he didn't know it was against the law to threaten the President."
Hoffman was indicted and charged with violating 18 U.S.C. sec. 871(a) which provides:
"Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States ... or knowingly and willfully otherwise makes any such threat against the President ... shall be fined not more than $1,000 or imprisoned not more than five years, or both."
Before trial, the defendant filed a motion in limine:
"For an order excluding for use at trial any evidence or statements made by the defendant to any witness in this action relating to the religious and political views of the defendant, inasmuch as the probative value of such statements is substantially outweighed by the danger of prejudice to this defendant."
In addition, the defendant submitted a proposed voir dire question dealing with the question of religious prejudice:
"Does anyone here have any bias or prejudice against the Unification Church or the Reverend Sun Yung Moon, and would that bias or prejudice prevent you from judging the facts in this case fairly and objectively?"
Responding to the defendant's motion in limine, the Government argued that the religious belief evidence "may be relevant--even essential--evidence to prove a violation of [sec. 871]...." Specifically, the government contended that the religious belief evidence was necessary to prove a "true threat" under sec. 871:
At trial, the district court judge denied the defendant's motion in limine, ruling that the religious belief evidence would be admitted to demonstrate the defendant's "motivation in sending the letter." During the voir dire, the district court judge pointedly and specifically advised the jury that
Two panel members responded that they held a bias or prejudice against the Unification Church and Reverend Moon, and the Court in its attempt to secure a completely antiseptic jury excused those two panel members from serving on that jury.
At trial, a handwriting expert with the Secret Service testified that he had compared the writing of the letter with a lease signed by Hoffman and a notebook of Hoffman's confiscated at the time of his arrest. The witness testified that, after comparing the exhibits with the threatening letter, he concluded Hoffman was the author of the threatening letter. The defendant's mother testified that her son was a member of a religious group headed by the Reverend Moon. When asked, "Did your son, David, express to you any concerns that he had involving President Reagan?" Mrs. Hoffman replied,
The defendant neither testified, nor presented any testimony, but his counsel argued to the jury that the government failed to prove beyond a reasonable doubt that he was the author of the threatening letter. The court's instructions to the jury included the following instruction as to the elements of the offense:
After the jury returned a verdict of guilty against Hoffman, the district judge sentenced Hoffman to four years imprisonment pursuant to 18 U.S.C. sec. 4205(b)(2) and recommended that Hoffman be committed to the federal psychiatric facility at Springfield, Missouri where he could receive psychiatric treatment. The court ordered, received and reviewed a pre-sentence report from the Probation Department which is a part of this record. 1 The Probation Department reported that Hoffman had been hospitalized in psychiatric institutions on several occasions and in fact had been arrested in a McDonald's restaurant in Milwaukee, Wisconsin, in October 1980 with a revolver under his coat, and as late as May 1985, had assaulted a woman on the University of Wisconsin, Milwaukee campus, while out on bond on this sec. 871 charge.
18 U.S.C. sec. 871(a) prohibits any person from "knowingly and willfully ... [making] any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States...." In Watts v. United States, 394 U.S. 705, 89 S.Ct. 1399, 22 L.Ed.2d 664 (1969), the Supreme Court cautioned that because the statute Id. at 707, 89 S.Ct. at 1401. The court construed the statute "against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." Id. at 708, 89 S.Ct. at 1401. To protect these First Amendment values, the...
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