U.S. v. Link, 83-2328
| Decision Date | 08 March 1984 |
| Docket Number | No. 83-2328,83-2328 |
| Citation | 728 F.2d 1170 |
| Parties | 15 Fed. R. Evid. Serv. 368 UNITED STATES of America, Appellee, v. Martin LINK, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Karl F. Lang, St. Louis, Mo., for appellant.
Thomas E. Dittmeier, U.S. Atty., Dean R. Hoag, Asst. U.S. Atty., St. Louis, Mo., for appellee.
Before ROSS, McMILLIAN and FAGG, Circuit Judges.
Martin Link appeals from the judgment of conviction entered in the District Court 1 for the Eastern District of Missouri after a jury found him guilty of kidnapping, in violation of 18 U.S.C. Sec. 1201, and transporting a woman in interstate commerce for immoral purposes, in violation of 18 U.S.C. Sec. 2421. Link appeals only from the conviction for kidnapping. For reversal Link argues that the district court erred in admitting evidence of other bad acts. For the reasons discussed below, we affirm.
On March 16, 1983, shortly after 10:30 p.m., Belinda Simmons, age 15, left her brother's house in south St. Louis and started walking to her home ten blocks away. When Simmons reached the corner of Gravois and Jefferson, a major intersection, Link pulled up in his automobile to the sidewalk where Simmons was walking, displayed a pocket knife, and told her to get into the car. She started to run away but fell. She then got up, walked back to the car and got in. Even though the driver of the car never got out, Simmons explained that she was afraid the driver would hurt her if she did not do as he said. Link drove her to Illinois, committed rape and sodomy, and drove away. A passerby picked up Simmons and took her to a police station in St. Louis. She identified Link from photographs shown to her by the police and later identified Link in a lineup. St. Louis police detectives arrested Link on March 21, 1983. After being advised of his Miranda rights, Link told the arresting officer: "It's me, but there was no weapon and there was no force."
At trial the government presented the testimony of Simmons regarding her abduction and rape. Defense counsel suggested through his cross-examination that Simmons voluntarily went with Link and consented to sexual intercourse with him. Because the government was required to show specific intent on the part of the defendant, see 18 U.S.C. Sec. 1201; United States v. Oliver, 525 F.2d 731, 739 (8th Cir.1975), cert. denied, 424 U.S. 973, 96 S.Ct. 1477, 47 L.Ed.2d 743 (1976), the prosecution attempted to present the testimony of Cindy Schlereth, age 14, who had been attacked by Link nine months earlier, as evidence of other crimes to prove intent under Fed.R.Evid. 404(b). She would testify that Link had grabbed her in an alley, put a knife to her throat and forced her to disrobe. Link attempted to rape her and ultimately committed an act of sodomy.
When defense counsel objected to permitting Schlereth to testify, the district court conducted an in camera hearing to determine whether her testimony met the requirements for the admission of other crimes evidence set forth by this court in United States v. Clemons, 503 F.2d 486, 489 (8th Cir.1974). Clemons provided that before other crimes evidence could be admitted, it must first be...
To continue reading
Request your trial
-
U.S. v. Van Metre
...the very start, for his own sexual gratification. See United States v. Melton, 883 F.2d 336, 338 (5th Cir.1989); United States v. Link, 728 F.2d 1170, 1171 (8th Cir.1984); United States v. McBryar, 553 F.2d 433, 434 (5th Cir.1977). This is why the government offered Yohe's testimony--to pro......
-
U.S. v. Mitchell
...States v. Hastings, 739 F.2d 1269 (7th Cir.1984), certiorari denied, --- U.S. ----, 105 S.Ct. 1199, 84 L.Ed.2d 343; United States v. Link, 728 F.2d 1170 (8th Cir.1984). Significantly, in two of the cited cases the defendant picked up the woman in St. Louis, Missouri, and then crossed the Mi......
-
U.S. v. Robinson
... ... or guilty activities; it is how these facts fit together in the entirety which concerns us. Upton, 104 S.Ct. at 2888; United States v. Depee, 728 F.2d 1168, 1170 (8th Cir.1984). See ... ...
-
Pirnat v. State
...Fed.R.Evid. 404(b) because factual circumstances "strikingly similar" and thus demonstrated defendant's intent); United States v. Link (8th Cir.1984), 728 F.2d 1170, 1172 (testimony of victim of prior kidnapping and attempted rape properly admitted under Fed.R.Evid. 404(b) in present prosec......