U.S. v. Landes, 82-3518

• Decision Date: 20 April 1983
• Docket Number: No. 82-3518,82-3518
• Citation: 704 F.2d 152
• Parties: 12 Fed. R. Evid. Serv. 1927 UNITED STATES of America, Plaintiff-Appellee, v. Sherill P. LANDES, Defendant-Appellant. Summary Calendar.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 152

704 F.2d 152

12 Fed. R. Evid. Serv. 1927

UNITED STATES of America, Plaintiff-Appellee, v. Sherill P. LANDES, Defendant-Appellant.

No. 82-3518

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 20, 1983.

David K. Chapman, San Antonio, Tex., for defendant-appellant.

D.H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., for plaintiff-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

PER CURIAM:

Defendant Sherill P. Landes was convicted of conspiring to intimidate a witness, in violation of 18 U.S.C. Sec. 371, and of intimidating a witness, in violation of 18 U.S.C. Sec. 1503. On appeal, he claims that the trial court committed reversible error by refusing to allow him to attempt to impeach two Government witnesses for bias. We find that the trial court's rulings were within its discretion, and affirm.

In November 1978 Landes was awaiting imminent trial on an indictment charging him with the interstate transportation of stolen property and conspiracy. Shortly before trial was to begin, Landes learned that Rufus Harper was prepared to testify that he had seen the property in Landes' possession and that Landes had asked him to help dispose of it. Landes promptly convinced a friend of his, Fern Ellen Suchanek, to set Harper up on a false rape charge. Suchanek followed through on their plans, and Harper was arrested for rape the day before Landes' stolen property trial was to begin.

Harper immediately suspected that Landes was behind his arrest. From jail he contacted FBI agent Stephen Ek, who had conducted the investigation leading to Landes' indictment on stolen property charges. Ek located Suchanek and questioned her, but she denied knowing Landes and insisted that her allegations were true. The following day, Landes struck a plea bargain on the stolen property charges, and Suchanek disappeared.

Ek and the U.S. Attorney quickly began an investigation into the connection between Landes and Suchanek's rape charge against Harper, with an eye toward indictment for conspiracy and obstruction of justice. Suchanek was indicted in June 1979. In July 1980 she was apprehended in Houston, Texas. She eventually made a full statement to the FBI confessing that she and Landes had cooked up the rape charge against Harper, and pled guilty to the charges against her. Grand jury proceedings against Landes recommenced, and with the aid of Suchanek's testimony an indictment charging Landes with conspiring to intimidate and intimidating a witness was returned in January 1982. Landes was convicted on both counts in July 1982.

Harper and Ek testified against Landes in connection with the obstruction of justice charges. Landes now complains that the trial court unduly restricted his attempts to impeach them with proof of bias. Trial courts have broad discretion in determining how and why bias may be proved and what collateral evidence is material to that purpose. United States v. Love, 599 F.2d 107, 108 (5th Cir.), cert. denied, 444 U.S. 944, 100 S.Ct. 302, 62 L.Ed.2d 312 (1979). The district court expressed valid reasons for refusing to allow Landes to pursue his proposed lines of inquiry. It cannot be said that the trial court abused its discretion.

Landes' theory of Harper's bias rested on his allegation that Harper had turned Government informant and expected to be rewarded for his...