United States v. Bert Lancaster, United States of America v. Derrick Vanlierop

78 F.3d 888, 1996 U.S. App. LEXIS 7901
Court of Appeals for the Fourth Circuit·Decided April 15, 1996·No. 95-5012, 95-5190·Published·Cited by 12 cases

Opinions

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion in which Judge LUTTIG joined and wrote a concurring opinion. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Derrick Vanlierop and Bert Lancaster appeal their convictions for assault resulting in serious bodily injury, see 18 U.S.C.A. § 113(a)(6) (West.Supp.1995), and prisoner possession of a shank, see 18 U.S.C.A. [890] § 13(a) (West Supp.1995) (assimilating Va. Code Ann. § 53.1-203(4) (Michie 1994)); additionally, Vanlierop appeals his conviction for simple assault on a correctional officer, see D.C.Code Ann. § 22-505(b) (Michie 1994). Appellants contend primarily that the district court’s refusal to ask a proposed voir dire question regarding whether any member of the venire would lend greater credibility to the testimony of law enforcement officers based solely on their status as law enforcement officers requires reversal of their convictions under United States v. Evans, 917 F.2d 800 (4th Cir.1990). Appellants also challenge a decision of the district court excluding certain evidence and a ruling by the district court limiting the cross-examination of a witness. Although we determine that the district court abused its discretion in refusing to ask the proposed voir dire question, we conclude that this error does not require reversal because it was cured by the other questions asked during voir dire, the district court’s credibility instruction, and the introduction of evidence corroborating the testimony of the Government’s chief witness. We also conclude that neither of Appellants’ remaining contentions has merit. Accordingly, we affirm.

I.

Appellants’ convictions stem from an incident at the Lorton Reformatory in Lorton, Virginia on May 14, 1994. According to the Government’s theory of the case, Lancaster attacked another inmate, Aaron Davis, with a shank while Vanlierop, using a shank of his own, prevented correctional officers from coming to Davis’s aid. Appellants, for their part, did not dispute that the incident occurred. Rather, they argued that Lancaster, having been attacked by Davis, acted in self-defense and that Vanlierop was attempting to assist Lancaster.

The Government presented its case largely through the testimony of Corporal Lloyd R. Staggs, III, who testified that he escorted a group of ten inmates, including Appellants, to the prison yard for a recreational period. The inmates were handcuffed together in pairs, with one inmate’s right wrist shackled to his partner’s left wrist.1 Once all ten inmates had entered the yard, Corporal Staggs began to remove the handcuffs, beginning with Lancaster and his partner. Corporal Staggs then removed the handcuff from Vanlierop’s partner. Before he could remove Vanlierop’s handcuff, Corporal Staggs observed Lancaster stabbing Davis with a shank. Corporal Staggs restrained Lancaster, but released him after Vanlierop approached with a shank and ordered Corporal Staggs to release Lancaster. When Corporal Staggs did so, Lancaster resumed his assault on Davis.

Corporal Staggs further testified that he complied with Vanlierop’s order to turn over his keys. Vanlierop then moved to the area where the fight between Lancaster and Davis was taking place. Corporal Staggs used this opportunity to call for assistance on his radio, prompting Vanlierop to threaten to kill Corporal Staggs if he used the radio. Shortly thereafter, other correctional officers arrived and restored order. Vanlierop, who initially refused to surrender his shank, was subdued by Lieutenant Charles Teixeira and Corporal Staggs. During the course of his testimony, Corporal Staggs was shown two shanks that were recovered from the prison yard after the incident. Corporal Staggs identified the shanks as those used in the incident; the shanks were then entered into evidence as Government exhibits.

On cross-examination, defense counsel questioned Corporal Staggs regarding several instances of misconduct reported in his personnel file. These incidents included: a citation for “inexcusable neglect and negligence” after Corporal Staggs improperly allowed inmates access to an area where keys were stored; a citation for mishandling keys; a citation for engaging in “horseplay” with inmates; a citation for negligence in the performance of a count of inmates; a recommendation that Corporal Staggs’s employment be terminated; and a citation for lack of dependability.

[891] The Government also presented the testimony of Lieutenant Teixeira, who testified that as he entered the prison yard, he observed Vanlierop attempting to leave the area. Lieutenant Teixeira ordered Vanlierop to stop, at which point Vanlierop turned toward Lieutenant Teixeira and brandished a shank. Vanlierop initially refused to surrender the weapon, evidently fearful of inmates approaching from behind Lieutenant Teixeira. Vanlierop dropped the shank only after Lieutenant Teixeira threatened to spray him with mace. Lieutenant Teixeira then subdued Vanlierop and placed handcuffs on him with the assistance of Corporal Staggs. Other officers broke up the fight between Lancaster and Davis.

Lieutenant Teixeira also testified regarding his favorable opinion of Corporal Staggs’s capabilities, stating that although Corporal Staggs “tends sometimes to take things too lightly,” (J.A. at 152,) no disciplinary action against him was warranted with respect to his conduct during the May 14 incident. On cross-examination, defense counsel referred to several of the disciplinary reports in Corporal Staggs’s personnel file, inquiring after recitation of each incident whether Lieutenant Teixeira was aware of the incident and whether it changed his opinion of Corporal Staggs. Lieutenant Teixeira responded that he was not aware of the incidents, but that his opinion of Corporal Staggs was based solely on his personal observations and that knowledge of the incidents did not substantially change his opinion. After several such questions and answers, the district court sustained the Government’s objection and prohibited defense counsel from further rehashing the contents of Corporal Staggs’s personnel file.

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United States v. Bert Lancaster, United States of America v. Derrick Vanlierop, 78 F.3d 888, 1996 U.S. App. LEXIS 7901 (4th Cir. 1996).

78 F.3d 888 (United States v. Bert Lancaster, United States of America v. Derrick Vanlierop) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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