Williams v. United States

• Decision Date: 09 October 1968
• Docket Number: No. 21362.,21362.
• Parties: Abraham WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — District of Columbia Circuit

131 US App. DC 153, 403 F.2d 176 (1968)

Abraham WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

No. 21362.

United States Court of Appeals District of Columbia Circuit.

Argued September 18, 1968.

Decided October 9, 1968.

Petition for Rehearing Denied October 30, 1968.

Mr. John C. Scott, Washington, D. C. (appointed by this court), for appellant.

Mr. J. James McKenna, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

Appellant was tried in the District Court for second degree murder and convicted of the lesser included offense of manslaughter. He was sentenced to imprisonment for from two to six years. On appeal he argues that his claim of self-defense was prejudiced by a series of errors on the part of the trial judge, and that the Government's evidence was insufficient to convict. We affirm.

I

The deceased, Edwards, had for two years been going with one Ola Brown. Some weeks before the stabbing, the relationship began to founder. At about this time, appellant began to keep company with Miss Brown. Shortly thereafter, according to appellant's testimony, he came to Miss Brown's apartment when Edwards was there. At that time, according to appellant, Edwards put one hand in his pocket, threatened to "blow appellant's brains out," and forced appellant to walk backward down the stairs and out of the apartment.

Some weeks later, appellant and Miss Brown were leaving her apartment to go to a nearby market when Edwards, accompanied by his two sons, drove up. Edwards asked Miss Brown if he could drive her to the market, and she refused. Edwards' son testified that this angered Edwards, though "not much" because Edwards by this time had another girl friend.

Appellant and Miss Brown then drove to the market. A few minutes later, Edwards approached appellant in front of the market while Miss Brown shopped inside. Appellant testified that he was just going into the store when Edwards stopped him, thrust his hand into a "bulging" left pocket, seized him with his right hand, and threatened to kill him. Appellant then reached into his pocket, with one motion pulled out and opened his pocket knife, and stabbed Edwards once in the chest. He testified that he had been afraid Edwards would shoot him, and that after the stabbing, still afraid, he retreated into the store with Edwards following.

Edwards then left the store (there was some conflict in testimony as to how serious his condition appeared at the time) and returned to his car. He drove away toward the police station, and told the son to throw away his gun, which apparently had been under the car seat during the incident. After driving a few blocks he collapsed, and was dead on arrival at the hospital.

Two eyewitnesses gave further accounts of the confrontation between appellant and Edwards. Edwards' son testified that Edwards went up to appellant and said, "Do you know Ola May?" Whereupon appellant answered, "Get away from here. We don't need you," and then stabbed Edwards. The son also stated that at one time during the confrontation, Edwards' hand was in his pocket, but not when the stabbing occurred.

Robinson, a news reporter who happened to observe the incident, testified that appellant and Edwards were "having an argument." Appellant had his hand in his pocket, and Edwards had his hands spread wide, gesturing. Edwards said to appellant, "Be a man," and then appellant lunged at him, striking him in the chest. Appellant went into the store, and Edwards, bleeding and bent over, followed. When appellant saw Edwards in the store he said, "If you keep following me, I am going to give you the rest of it."

II

On appeal, appellant claims that five alleged errors in the conduct of the trial deprived him of his plea of self-defense. He further claims that the evidence was insufficient to support the jury's rejection of the claim of self-defense.

First, appellant argues that it was error to refuse to admit into evidence a written statement made to the police by Edwards' son shortly after the stabbing. Pursuant to the Jencks Act, 18 U.S.C. § 3500 (1964), the prosecution offered this statement to appellant at the close of the direct examination of the witness. The witness admitted making and signing the statement.

Defense counsel twice made use of the statement during cross-examination. In one of those instances, he let the witness read it to refresh his memory before questioning him. In the other instance, the statement was inconsistent with the witness' testimony, and the witness changed his testimony after reading what he had earlier said to the police. Defense counsel asked the witness if Edwards had said anything when he first approached appellant outside the market. The witness testified that he had not. After reading the statement, he testified that Edwards had said, "Do you know Ola May?"

At the close of the trial, defense counsel moved that the witness' Jencks Act statement be admitted into evidence. The motion was denied. The trial judge apparently found, and the Government now argues, that Jencks Act statements are to be used only for impeachment purposes, and that the impeachment value of the witness' prior statement had been exhausted in cross-examination.

Appellant contends that he is entitled to the fuller attention the jury might have given to the inconsistency between the statement and the witness' initial testimony if the statement had been admitted and the jury allowed to take it into the jury room. He relies largely upon Gordon v. United States, 344 U.S. 414, 73 S.Ct. 369, 97 L.Ed. 447 (1953).

In Gordon a Court of Appeals had ruled that a witness' prior inconsistent statement would not have been admissible, if offered, because the witness admitted that his earlier statement contradicted his testimony. The Supreme Court rejected this ruling, holding that the jury should be allowed to see the prior statement "because it will best inform them as to the document's impeaching weight and significance." 344 U.S. at 421, 73 S.Ct. at 374.

The rule of evidence laid down for the federal courts in Gordon applies here. The jury heard the witness testify that his father had not mentioned Ola Brown to appellant at the outset of the fatal confrontation. It then saw the witness read a statement he admitted signing, and finally heard him change that testimony. The best evidence of any contradiction which might impeach his credibility was the prior statement itself. That statement should have been admitted into evidence.

On review...