U.S. v. Woody
| Decision Date | 19 October 1982 |
| Docket Number | 81-2451,Nos. 81-2444,s. 81-2444 |
| Citation | 690 F.2d 678 |
| Parties | UNITED STATES of America, Appellee, v. Claude WOODY, Appellant. UNITED STATES of America, Appellee, v. Ricky CARR, a/k/a Gerald Williams, a/k/a Accie Williams, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Thomas E. Dittmeier, U. S. Atty., Kevin F. O'Malley, Asst. U. S. Atty., St. Louis, Mo., for appellee.
Charles M. Shaw, Shaw, Howlett & Schwartz, David A. Shaller, Clayton, Mo., for appellants.
Before LAY, Chief Judge, and HEANEY and McMILLIAN, Circuit Judges.
On December 9, 1981, a jury found Claude Woody and Ricky Carr guilty of robbing the United States Postal Savings & Loan Association in St. Louis, Missouri, in October of that year. The district court sentenced them to prison terms of twelve and eighteen years, respectively, under 18 U.S.C. § 2113(a). Both men appeal their convictions alleging the trial court erred in: (1) denying their motions for severance of the joint trial, in violation of the constitutional guarantee of a fair trial; (2) denying their motions to suppress identifications by Jack Tracy, the teller who handed over the money and who identified them in a show-up shortly after the robbery, in violation of constitutional due process protections; and (3) denying their motions to suppress their out-of-court statements made to law enforcement personnel after arrest while they were allegedly intoxicated, in violation of their constitutional rights to remain silent. We find no error and affirm both convictions.
The essential facts are as follows: Two men entered the savings and loan around 3:25 p. m. on October 9, 1981. The branch manager, Raymond Brodzinski, was suspicious because he had not seen them in the branch before. He activated a surveillance camera which took a still photograph of the men as they stood at Jack Tracy's teller window. Tracy testified at trial that the shorter of the men, who had a black and red CPO jacket draped over his right arm and whom Tracy identified as Woody, demanded money and instructed Tracy not to signal anyone or he would "shoot * * * everybody in the place." The taller man, whom Tracy identified as Carr, apparently stood silent beside Woody looking around the premises. Tracy put over $2,500 from his cash drawer on the counter, which Woody took with his left hand and placed in his pockets. Woody and Carr then walked quickly out the west door of the savings and loan. Tracy's testimony was corroborated by the testimony of Ginny Willie, the teller working at the window next to Tracy's.
Shortly after the robbery, St. Louis police apprehended Woody and Carr a few blocks from the savings and loan as they exited a men's room in the Atlas Employment Agency (Labor Pool). Police found over $1,000 on Carr, and over $1,500 and a black and red CPO jacket hidden in a toilet tank in the men's room. Soon after the arrest, Brodzinski, the branch manager, noticed the crowd at Atlas, ran to where the police were holding Woody and Carr, and immediately stated that they had robbed the savings and loan. The police took the suspects back to the savings and loan in a police van. Tracy viewed them in the van and identified them as the robbers.
FBI agent John Joyce interviewed Woody and Carr separately in the burglary and robbery section of the St. Louis City Police Department between 5:00 and 6:30 p. m. on the same day. Woody signed a statement, which was handwritten by Joyce, admitting commission of the robbery. This statement in no way implicated Carr. Carr made a separate oral statement, not recorded, that he had not been in the savings and loan since 1973. Both statements were introduced at trial.
On appeal, Woody and Carr raise substantially...
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