Hellum v. Warden, United States Penitentiary-Leavenworth

28 F.3d 903, 1994 WL 321553
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 8, 1994
DocketNo. 93-2453
StatusPublished
Cited by9 cases

This text of 28 F.3d 903 (Hellum v. Warden, United States Penitentiary-Leavenworth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hellum v. Warden, United States Penitentiary-Leavenworth, 28 F.3d 903, 1994 WL 321553 (8th Cir. 1994).

Opinion

JOHN R. GIBSON, Senior Circuit Judge.

Robert Lee Helium appeals the district court’s1 denial of his petition for habeas corpus under 28 U.S.C. § 2254 (1988). A Minnesota jury convicted him of intentional second-degree murder, attempted first-degree murder, second-degree assault, and kidnapping. Helium argues that the security measures imposed during this trial denied him of his constitutional right to a fair trial. Helium further challenges the trial court’s admission of certain incriminating statements which related to an escape attempt made before his trial. We affirm.

On August 17,1989, a federal district court sentenced Helium to 322 months for armed bank robbery and using a firearm in a crime of violence. Twelve days later, Helium went on an escorted medical appointment. Despite being bound by handcuffs, waist chains and leg shackles, Helium managed to obtain a gun, commandeer a transport van at gunpoint and escape from custody.

In November 1989, while still a fugitive, Helium entered a bar in Roseville, Minnesota shortly after midnight. A man was killed, and Helium was charged and tried. There was extensive conflicting testimony in the trial in which Helium was convicted, and from which he now seeks habeas relief. Only a brief recital of these facts is necessary.

[906]*906After entering the bar, Helium consumed several drinks in less than one hour. At some point, Steve Rath, the head bartender, noticed Helium’s uncoordinated behavior and garbled speech. Rath quit serving Helium, and questioned the manager, Tim Lyke, about getting Helium a ride home. Lyke talked with Helium, eventually informing him that the bar would pay for a cab ride home. Helium twice attempted to leave the bar, but Lyke, assisted by another bartender and a bar patron, frustrated each attempt by blocking the doorway and verbally encouraging Helium to wait for the cab. After observing that Helium seemed to be growing more impatient, Lyke decided to call 911 and let the police handle the situation. During the call, Helium became increasingly concerned and feared that he had been recognized. He made a third attempt to flee, but Rath and two other men apprehended him and returned him to the bar. Helium then produced a gun which he later testified he carried in order to avoid arrest. He fired the gun in the direction of Lyke, but hit no one. Shortly thereafter, Helium pulled a crouching bar patron, Scott Brainard, to his feet. After Brainard jerked his body in what witnesses described as a defensive manner, the gun discharged at pointblank range and killed Brainard. Helium subsequently ordered another patron at gunpoint and upon threat of death to give him a ride. They left the bar together. Helium then saw a cab arriving at the bar and attempted to flag it down. At this point, Lyke, two patrons, and a bartender emerged from the bar and wrestled Helium to the ground, where they held him until the police arrived.

Before Helium’s murder trial, authorities discovered a hole that Helium chipped through the brick and cement of his cell wall, as well as a number of sheets and blankets in his cell tied together. In a statement made after again receiving his Miranda2 rights, Helium admitted to planning an escape for later in the evening on which the hole was discovered. Portions of this statement were introduced in support of the State’s argument that Helium’s actions in the bar were not the result of an irrational drunken accident, but were instead motivated by his earnest desire to retain his freedom. Later, during a discussion with another deputy regarding events unrelated to the shooting at the bar, Helium again made incriminating statements which were introduced at trial. According to the deputy, Helium began discussing the events at the bar. In particular, Helium mentioned the fact that he wished he had brought his six-inch .38 for more firepower that evening. He further stated that the guy who interfered (Lyke) would have “gone down” if Helium’s gun had not jammed, and that he wished Brainard had lived another few hours so the doctors could have told him and his family that Brainard was going to die. A jury convicted Helium of intentional second-degree murder, attempted first-degree murder, second degree assault and kidnapping.

After conducting an extensive off-the-record pretrial conference, the trial court imposed several stringent security measures over Helium’s objections. Helium was handcuffed at all times, and the handcuffs were attached to a waist cable to restrict the movement of his arms. Helium was also placed in leg irons which permitted him to walk, but not run. Helium sat at a desk located approximately ten feet behind his counsel’s table. The desk obscured the physical restraints from the jury’s sight, except when Helium intentionally made them viewable. Two uniformed, unarmed bailiffs remained at Helium’s side throughout the trial. One, and occasionally two, armed uniformed bailiffs stood at the back of the courtroom. Additional uniformed security personnel remained outside the courtroom. All persons entering the courtroom, including the jurors, passed through a metal detector. The bailiffs removed the gun used in the shooting from the courtroom when it was not the specific subject of testimony, and the gun was not permitted near Helium. Finally, the court required Helium to testify from his desk, not from the witness stand.

Following his conviction and unsuccessful direct appeals, Helium filed this petition for a writ of habeas corpus. The district court denied the writ, and Helium appeals. [907]*907Helium argues that the “unprecedented” security measures taken at his trial deprived him of his right to a fair trial. The right to a fair trial is guaranteed by the Sixth and Fourteenth Amendments. Holbrook v. Flynn, 475 U.S. 560, 567, 106 S.Ct. 1340, 1345, 89 L.Ed.2d 525 (1986); Estelle v. Williams, 425 U.S. 501, 503, 96 S.Ct. 1691, 1692, 48 L.Ed.2d 126 (1976). Measures which single out a defendant as a particularly dangerous or guilty person threaten this constitutional right. Estelle, 425 U.S. at 505, 96 S.Ct. at 1693; Elledge v. Dugger, 823 F.2d 1439, 1451 (11th Cir.1987); United States v. Ferguson, 758 F.2d 843, 854 (2d Cir.), cert. denied, 474 U.S. 1032, 106 S.Ct. 592, 88 L.Ed.2d 572 (1985). The Supreme Court has described the use of shackles and prison clothes, for example, as “inherently prejudi-. cial” because they are “unmistakable indications of the need to separate a defendant from the community at large.” Holbrook, 475 U.S. at 568-69, 106 S.Ct. at 1345-46. “[C]lose judicial scrutiny” is required to ensure that inherently prejudicial measures are necessary to further an “essential state interest.” Estelle, 425 U.S. at 504, 96 S.Ct. at 1693; Holbrook, 475 U.S. at 568, 106 S.Ct. at 1345. Maintaining security is, of course, an essential state interest. Gilmore v. Armontrout, 861 F.2d 1061, 1071 (8th Cir.1988), cert. denied,

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Bluebook (online)
28 F.3d 903, 1994 WL 321553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hellum-v-warden-united-states-penitentiary-leavenworth-ca8-1994.