U.S. v. Peoples
| Decision Date | 30 November 1984 |
| Docket Number | No. 84-5041,84-5041 |
| Citation | 748 F.2d 934 |
| Parties | UNITED STATES of America, Appellee, v. Curtis Lee PEOPLES, a/k/a Tyrone Owens, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Wm. Reynolds Williams, Florence, S.C. (Willcox, Hardee, McLeod, Buyck & Baker, Florence, S.C., on brief), for appellant.
David J. Slattery, Asst. U.S. Atty., Columbia, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., Akim Anastopoulo, Third Year Law Student on brief), for appellee.
Before PHILLIPS and SPROUSE, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.
Curtis Lee Peoples appeals from convictions for bank robbery, 18 U.S.C. Sec. 2113, and escape from federal custody, 18 U.S.C. Sec. 751. The bank robbery occurred in Florence, South Carolina, on March 26, 1982. Police officers captured Peoples after a car chase and gun battle. On April 4, 1982, Peoples escaped from a detention center in Florence, but was recaptured.
The district court permitted joinder of the robbery and escape charges for trial over Peoples's objection. In addition, the court admitted into evidence an in-court identification of Peoples by a witness, Ms. Wright, who stated that Peoples, the only young black male in the courtroom, resembled one of the bank robbers. Peoples had no notice that Wright would make an in-court identification. The court also admitted into evidence testimony by Deputy Marshall Clark concerning a conversation Clark had with Peoples while transporting Peoples through Washington, D.C., on matters relating to another case against Peoples. In response to Clark's inquiry whether Peoples lived in South Carolina, Peoples told him the story of his role in the bank robbery. Finally, the district court admitted into evidence testimony concerning an apology made by Peoples to Police Officer Burdette. During the time when FBI Agent Dew was interrogating Peoples, Burdette walked into the room. Peoples apologized for shooting at him before Burdette said anything. The district court did not make a prior determination of the voluntariness of this statement under 18 U.S.C. Sec. 3501(a).
Peoples contends that the district court committed reversible error in joining the robbery and escape charges because the charges are not connected as required by Fed.R.Crim.P. 8(a), and joinder is unduly prejudicial. In addition, Peoples argues that the court improperly admitted Wright's in-court identification because Wright identified him under unnecessarily suggestive circumstances. Peoples argues that admission of Clark's testimony concerning Peoples's admission of participation in the bank robbery violated the rule against interrogation of the defendant out of the presence of his attorney after initiation of the adversarial process established in Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964). Finally, Peoples argues that admission of Burdette's testimony concerning Peoples's incriminating apology without a prior determination of voluntariness constitutes reversible error. We find no error in the proceedings before the district court and affirm the convictions.
An escape and the underlying substantive offense are sufficiently connected to permit joinder under Fed.R.Crim.P. 8(a) if the offenses are related in time, the motive for flight was avoidance of prosecution on the substantive offense, and custody derived directly from the substantive offense. United States v. Ritch, 583 F.2d 1179, 1181 (1st Cir.1978). Peoples escaped only days after the robbery, the robbery led directly to custody, and although Peoples had other outstanding charges against him, the robbery charge was the most recent motive for flight. Hence, Rule 8(a) permits joinder.
Even if Rule 8(a) permits joinder, the court should not grant a motion to join if unfair prejudice results to the defendant. United States v. Jamar, 561 F.2d 1103, 1106 (4th Cir.1977). Unfair prejudice does not result if evidence admissible to prove each charge is also admissible to prove the other charge. Id. at 1106-07. Peoples does not establish unfair prejudice because evidence of flight is admissible to prove guilty conscience and evidence of the...
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