US v. Johnson

• Decision Date: 17 October 1995
• Docket Number: Cr. No. 95-123-E.
• Citation: 904 F. Supp. 1303
• Parties: UNITED STATES of America v. Christopher Lynn JOHNSON.
• Court: U.S. District Court — Middle District of Alabama

904 F. Supp. 1303

UNITED STATES of America v. Christopher Lynn JOHNSON.

Cr. No. 95-123-E.

United States District Court, M.D. Alabama, Eastern Division.

October 17, 1995.

COPYRIGHT MATERIAL OMITTED

Ronald Wayne Wise, Montgomery, AL, for Christopher Lynn Johnson.

Louis V. Franklin, Sr., David L. Allred, U.S. Attorney's Office, Montgomery, AL, for U.S.

ORDER

MYRON H. THOMPSON, District Judge.

Defendant Christopher Lynn Johnson has been indicted in a two-count indictment charging him with (1) burning down the Randolph County High School, in violation of 18 U.S.C.A. § 844(f) (West Supp.1995); and (2) possessing an illegal explosive device, in violation of 26 U.S.C.A. § 5861(d) (West 1989). The government filed a motion in limine seeking to exclude evidence regarding five other suspects — Hulond Humphries, Charles Jarrell, Jack Pointer, Ricky Johnston and Brian Holloway — in the crimes for which Johnson has been indicted. The United States Magistrate Judge recommends that the motion be denied as to suspect Humphries and granted as to the remaining suspects. The government has objected to the extent that the Magistrate Judge concludes that the evidence regarding Humphries should be admitted, and Johnson has objected to the extent that the Magistrate Judge concludes that the evidence regarding Jarrell, Pointer, and Johnston should not be admitted. Neither the government nor Johnson has objected to the Magistrate Judge's conclusion that the evidence regarding Holloway should not be admitted.

Johnson's contention that the court should admit evidence that other persons set fire to the high school has two possible bases. First, the court must address whether the evidence is admissible under the Federal Rules of Evidence. Second, even if the evidence is inadmissible under these rules, the court must still consider whether Johnson has a constitutional right to have the evidence admitted; Johnson's constitutional right would supersede any application of the Federal Rules of Evidence. See Chambers v. Mississippi, 410 U.S. 284, 302, 93 S.Ct. 1038, 1049, 35 L.Ed.2d 297 (1973) ("where constitutional rights directly affecting the ascertainment of guilt are implicated, the hearsay rule may not be applied mechanistically to defeat the ends of justice"); Card v. Dugger, 911 F.2d 1494, 1514 (11th Cir.1990) ("due process requirements supersede application of state hearsay rules").

For the reasons that follow, the court agrees with the Magistrate Judge as to suspects Humphries, Jarrell, Pointer, and Johnston. Because neither party has objected to the recommendation as to suspect Holloway, the court assumes that both parties agree that evidence regarding him is inadmissible and the court does not visit that part of the Magistrate Judge's recommendation.

I. HULOND HUMPHRIES

A. Background

There is substantial evidence from which a jury could reasonably conclude that Humphries burned down the Randolph County High School. First, there is evidence suggesting that he would have a motive. The Randolph County High School burned down in the early morning of August 6, 1994. Throughout the year before the fire, Humphries had been at the center of considerable controversy and racial tension in Randolph County. This was caused in part when he allegedly said that he would rather cancel the Randolph County High School prom than allow interracial couples to attend.¹ Because of the controversy surrounding him, it was possible that he would be removed as principal of the school. This evidence suggests that he might have burned down the school out of anger over interracial dating at the school and the possible loss of his job.

Second, there is evidence from which a jury could conclude that Humphries not only had the opportunity but also planned to set the fire. Sometime during the week before the fire, Humphries bought five gallons of gasoline in a container.² Also during that week, he removed several personal items from his office at the school.³ The night of the fire, Humphries was alone at the school for approximately 45 minutes before finally leaving at around 9:40 p.m.,⁴ which was approximately three hours before the fire⁵. He went to visit friends on his way home because he was feeling down, and they discussed the situation at the school.⁶

Third and finally, Humphries twice stated to FBI agents that he burned down the high school and each time quickly recanted. First, on August 7, 1994, FBI Special Agents Claiborne J. Poche and William Joseph Long interviewed Humphries regarding the fire at the school. At the end of the agents' notes of the interview, the following entry appears:

"During the interview, HUMPHRIES made reference to the fire at the high school and commented to the effect that he started the fire. HUMPHRIES quickly corrected the statement, giving the implication that his comment was a mistake.

"At this point in the interview, HUMPHRIES became emotionally upset while discussing the fire at Randolph County High School. The interviewing agents terminated the interview, based on HUMPHRIES' request and agreed to meet with him the following day for additional questioning."⁷

The second time Humphries said he started the fire was during an interview with the same two FBI agents on August 11, 1994.⁸ The following appears in the notes from that interview:

"During the interview, HUMPHRIES made reference to the fire at Randolph County High School and made a comment to the effect that he started the fire. HUMPHRIES quickly retracted the statement, leaving the impression that his comment was a mistake."⁹

B. Federal Rules of Evidence

As stated, the court must first consider whether the evidence regarding Humphries is admissible under the Federal Rules of Evidence. Federal Rule of Evidence 402 (West 1984) provides that evidence must be relevant to be admissible. "Relevant evidence," according to Federal Rule of Evidence 401 (West 1984), "means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." However, relevance alone does not require that the evidence be admitted. Federal Rule of Evidence 403 (West 1984) provides that even relevant evidence must be excluded if it will confuse the issues, mislead the jury, waste time, or cause delay, or if its "probative value is substantially outweighed by the danger of unfair prejudice." Id. It is proper to exclude evidence if it will send "the trial down a sidetrack," United States v. Cole, 670 F.2d 35, 37 (5th Cir. Unit B 1982),¹⁰ or if the evidence appears to have been "dragged in by the heels for the sake of its prejudicial effect." United States v. McRae, 593 F.2d 700, 707 (5th Cir.1979), cert. denied, 444 U.S. 862, 100 S.Ct. 128, 62 L.Ed.2d 83 (1979).¹¹ Evidence that a person other than the defendant committed the crime would certainly be admissible if it was exculpatory and if it complied with the requirements of Rules 401 and 403. See Chambers, 410 U.S. at 302, 93 S.Ct. at 1049 (exculpatory evidence that third party committed crime was relevant to defense). In other words, evidence of third-party guilt cannot be tenuous or merely speculative; it must be substantial and probative.

Evidence that Humphries started the fire meets the requirements of Rules 401, 402, and 403 for admissibility. The evidence of links between Humphries and the crime is clear and direct: he was at the center of considerable controversy regarding allegedly racist comments he made about the school prom; he could have been upset over interracial dating at the school; he could have feared that he would lose his job because of the controversy his comments caused; he was the last person in the school only a few hours before the fire; and he had purchased gasoline the week before the fire.

The conclusion that all the evidence implicating Humphries is relevant and admissible under Rules 401, 402, and 403 does not end the court's inquiry, however. Part of this evidence — the two statements Humphries made to the FBI agents — meets the definition of hearsay as defined in Federal Rule of Evidence 801(c) (West 1984): "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." These statement are admissible only if they fit into some exception to this definition. Fed.R.Evid. 802 (West 1984).

The evidentiary rules providing for exceptions to the prohibition on the admission of hearsay distinguish between those circumstances where a declarant is available as a witness and those where he is not. See Fed.R.Evid. 803 (West 1984 & Supp.1995) (hearsay exceptions "even though the declarant is available as a witness") and 804 (West 1984 & Supp.1995) (hearsay exception "if the declarant is unavailable as a witness"). Because it is not yet clear whether Humphries will testify, it is necessary to consider how to proceed both as if he will be available as a witness and as if he will not be available. There are at least three possible scenarios: (1) he may testify and admit making the statements; (2) he may testify and deny making them; and (3) he may decline to testify. Each is discussed separately below.

1. If Humphries is available to testify and admits making the statements

The exceptions to the hearsay rule for an available declarant are found in Federal Rule of Evidence 803 (West 1984 & Supp. 1995), and the only exception that may apply to Humphries's statements is subsection (24), the residual hearsay exception.¹² Rule 803(24) (West Supp.1995) allows the admission of hearsay statements not falling into any other exception if they meet five requirements: (1) the statement must be trustworthy; (2) it must be offered as evidence of a material fact; (3) it must be more probative on that point than any other evidence reasonably available; (4) the general purposes of the rules and the interests of...