United States v. Anita Yates

438 F.3d 1307, 2006 U.S. App. LEXIS 3433, 2006 WL 319348
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 13, 2006
Docket02-13654
StatusPublished
Cited by75 cases

This text of 438 F.3d 1307 (United States v. Anita Yates) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Anita Yates, 438 F.3d 1307, 2006 U.S. App. LEXIS 3433, 2006 WL 319348 (11th Cir. 2006).

Opinions

COX, Circuit Judge:

The court took this case en banc to consider whether witness testimony presented on a television monitor at a criminal trial in Montgomery, Alabama, by live, two-way video conference with witnesses in Australia, violated the Defendants’ Sixth Amendment right to confront the witnesses against them. Holding that it did, we vacate the convictions and remand for a new trial.

I. BACKGROUND & PROCEDURAL HISTORY

Anton Pusztai and Anita Yates (“Defendants”) were tried in the Middle District of Alabama for mail fraud, conspiracy to de[1310]*1310fraud the United States, conspiracy to commit money laundering, and various prescription-drug-related offenses arising out of their involvement in the Norfolk Men’s Clinic, an Internet pharmacy based in Clanton, Alabama.

At the pre-trial motion stage, the Government moved for an order allowing the introduction of testimony from two witnesses in Australia by means of live, two-way video conference. (R.2-248.) In support of its motion, the Government stated that Mr. Paul Fletcher Christian (who allegedly processed customer Internet payments for the Defendants) and Dr. Tibor Konkoly (whose name the Defendants allegedly used on Internet drug prescriptions) were both “essential witnesses to the government’s case-in-chief.” (Id. at 1.) The Government further submitted: “[a]l-though both witnesses are willing to testify at trial via video teleconference, they are unwilling to travel to the United States. Because they are beyond the government’s subpoena powers, the government seeks permission for these witnesses to testify through the use of teleconference facilities.” (Id. at 2.)

Defendants opposed the motion, arguing that admission of such testimony would violate their Sixth Amendment rights to confrontation because it would deny them face-to-face encounters with the witnesses against them. (R.2-261; R.3-314 at 3.)1

The district court granted the Government’s motion, finding that Defendants’ confrontation rights would not be violated because the two-way video conference would allow Defendants to see the witnesses and the witnesses to see Defendants during the testimony. (R.3-314.) The court found that the Australian witnesses were unwilling to travel to the United States for trial, (Id at 2.); the Defendants did not contest this finding. The court also found that the Government asserted an “important public policy of providing the fact-finder with crucial evidence,” (Id. at 19.), and that “the Government also has an interest in expeditiously and justly resolving the case.” (Id. at 22.)

Because the courtroom was not outfitted with video equipment, the trial was temporarily moved to the United States Attorney’s office for the video conference. At trial, Defendants objected on Sixth Amendment grounds to the introduction of the testimony. (R.8 at 347-48; R.ll at 103.) Christian and Konkoly were sworn in by a deputy clerk of the federal district court and acknowledged that they understood that their testimony was under oath and subject to penalty for perjury. The Government then questioned the witnesses by means of two-way video conference. Both Defendants, the jury, and the judge could see the testifying witnesses on a television monitor; and the witnesses could see the temporary courtroom in the U.S. Attorney’s conference room.2 Each Defendant’s attorney cross-examined both Konkoly and Christian. The jury found the Defendants guilty on all counts. Defendants appeal those convictions.

[1311]*1311In a published opinion, a three-judge panel of this court, applying the rule articulated in Maryland v. Craig, 497 U.S. 836, 110 S.Ct. 3157, 111 L.Ed.2d 666 (1990), held that Defendants’ Sixth Amendment confrontation rights were violated by the admission of the testimony of these witnesses by means of two-way video conference. United States v. Yates, 391 F.3d 1182 (11th Cir.2004). The panel vacated the convictions and remanded for a new trial. Id. The Government petitioned for rehearing en banc. This court vacated the panel opinion and granted the petition for rehearing en banc to consider this important constitutional question. United States v. Yates, 404 F.3d 1291 (11th Cir.2005).

II. ISSUES ON APPEAL AND STANDARD OF REVIEW

We discuss only two of the issues Pusztai and Yates present on appeal.3 First, Defendants contend that their Sixth Amendment rights to confrontation were violated by admission of this testimony taken from witnesses who were physically present in Australia while Defendants were in Montgomery, Alabama. In support of this contention, they maintain that their rights to confront the witnesses face-to-face were violated and that the witnesses were not given a proper oath. The admission of testimony by two-way video conference presents a mixed question of law and fact; therefore, we review de novo Defendants’ claim that their Sixth Amendment rights were violated. See Lilly v. Virginia, 527 U.S. 116, 137, 119 S.Ct. 1887, 1900, 144 L.Ed.2d 117 (1999).

The second issue we discuss is Defendants’ contention that the district court erred in denying their motions for judgment of acquittal on the ground that the evidence was insufficient to support their convictions. We review this ruling de [1312]*1312novo. United States v. Pistone, 177 F.3d 957, 958 (11th Cir.1999).

III. DISCUSSION

A. The Confrontation Clause

Defendants argue that admission of the video-conferenced testimony was not necessary to further an important public policy and thus violated the rule announced in Craig, 497 U.S. 836, 110 S.Ct. 3157, 111 L.Ed.2d 666.

The Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.” U.S. Const, amend. VI. This clause, known as the Confrontation Clause, “guarantees the defendant a face-to-face meeting with witnesses appearing before the trier of fact.” Coy v. Iowa, 487 U.S. 1012, 1016, 108 S.Ct. 2798, 2801, 101 L.Ed.2d 857 (1988). This right to a physical face-to-face meeting, however, is not absolute and may be compromised under limited circumstances where “considerations of public policy and necessities of the case” so dictate. Craig, 497 U.S. at 848, 110 S.Ct. at 3165. At issue in this appeal is whether the district court’s findings demonstrate that denial of physical face-to-face confrontation was necessary to further an important public policy.

In Craig, the Supreme Court upheld, over a defendant’s Sixth Amendment challenge, a Maryland rule of criminal procedure that allowed child victims of abuse to testify by one-way closed circuit television from outside the courtroom. 497 U.S. at 858, 110 S.Ct. at 3170. The defendant could see the testifying child witness on a video monitor, but the child witness could not see the defendant. Id. at 841-42, 110 S.Ct. at 3161.

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Cite This Page — Counsel Stack

Bluebook (online)
438 F.3d 1307, 2006 U.S. App. LEXIS 3433, 2006 WL 319348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anita-yates-ca11-2006.