United States v. Efrain Medina A/K/A Frank Medina

552 F.2d 181, 1977 U.S. App. LEXIS 14152
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 24, 1977
Docket76-1233
StatusPublished
Cited by19 cases

This text of 552 F.2d 181 (United States v. Efrain Medina A/K/A Frank Medina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Efrain Medina A/K/A Frank Medina, 552 F.2d 181, 1977 U.S. App. LEXIS 14152 (7th Cir. 1977).

Opinions

HARLINGTON WOOD, Jr., Circuit Judge.

In this case, defendant-appellant Efrain Medina (hereinafter referred to as defendant) was convicted of robbing the Norwood Park Catholic Credit Union in violation of 18 U.S.C. § 2113(a) and (d).1 Defendant was sentenced to the custody of the Attorney General for a period of fifteen years.2 On appeal, defendant raises the following issues for our consideration: 1) whether the trial court determined that defendant’s confession was voluntary before submitting the confession to the jury; 2) whether defendant’s confession was voluntarily given; 3) whether the pretrial identification procedures were so prejudicial that defendant was denied a fair trial; and 4) whether the trial court abused its discretion in refusing to submit defendant’s Exhibit 2 to the jury at the close of the trial.

For the following reasons, we believe that defendant’s conviction should be affirmed.

I

Briefly, the facts are as follows:

On September 11, 1975, the Norwood Park Catholic Credit Union, located at 7267 West Talcott Avenue in Chicago, was robbed by two men at around 12:20 P.M. The two men entered the credit union and announced a holdup. One robber carried a shotgun. Customers and employees of the credit union were ordered to lie down on the floor.

At the time of the robbery, James Conklin, manager of the Norwood Park Catholic Credit Union, was in his office sitting at his desk and talking on the telephone. A young man entered Conklin’s office, put his finger on the button of Conklin’s phone and told Conklin to hang up. The young man then told Conklin, “Don’t touch anything. Come with me.” The robber who entered Conklin’s office was wearing a faded blue denim jacket and faded blue denim jeans. Conklin entered the reception area and laid down on the floor.

The robbers filled a shopping bag with money. As the robbers left the credit union one stated, “Don’t anybody move. I wouldn’t want to have to spray anybody.” On September 18, 1975, James Conklin identified defendant in a lineup conducted by the Chicago Police Department.

II

VOLUNTARINESS OF DEFENDANT’S CONFESSION

On the morning of September 18, 1975, while in the custody of the Federal Bureau [183]*183of Investigation, defendant confessed to having participated in the robbery of the Norwood Park Catholic Credit Union. Defendant first argues that he was denied due process since the trial court failed to determine whether the confession was voluntary before submitting the confession to the jury. Defendant also asserts that even if the trial court made the necessary determination the confession was not voluntarily made.

1. District Court’s Determination of Voluntariness

Prior to trial, defendant filed a motion to suppress his oral and written inculpatory statements. In an affidavit attached to his motion to suppress, defendant asserted that he was unable to comprehend the nature, scope, and import of the interrogation both because he was a heroin addict undergoing withdrawal and because he had ingested a hallucinogenic drug.

Prior to commencement of trial, the district judge held a hearing on defendant’s suppression motion. At the conclusion of the suppression hearing, the court took the motion under advisement and indicated that a decision would be forthcoming on the following morning.

The trial commenced on the following morning, however, without mention of a ruling on the motion to suppress. Neither the trial judge nor either counsel referred to the scheduled ruling on the motion to suppress.

The confession was first discussed at trial during the testimony of Donald Branca. Branca testified that his wife Treva owned a yellow Ford Torino station wagon. In his written confession, defendant had indicated that he and Thomas Scott had borrowed a yellow Ford Torino station wagon from Scott’s girl friend named Treva, and used that car in the robbery.

Defendant objected to Branca’s testimony on the ground that the car owned by Branca’s wife had not been tied into defendant’s case. In overruling defendant’s objection to Branca’s testimony, the court stated:

Yes, based upon the fact that if it doesn’t —I mean, I don’t know, the confession will be subject to a motion to strike, and I am sure a subsequent instruction will be given to the jury — no, I will let him proceed. The objection is overruled. (Tr. 74)

Defendant’s inculpatory statements were next referred to during the testimony of Thomas J. Green, Special Agent for the Federal Bureau of Investigation. Green testified about defendant’s inculpatory statements made on September 18, 1975, with no objection by defense counsel. (Tr. 81-83) Similarly, Michael Kazmeir, Special Agent for the Federal Bureau of Investigation, followed Green on the witness stand and also testified about defendant’s September 18, oral and written confession. (Tr. 94-98) Defense counsel again failed to object to this testimony.

At the conclusion of Kazmeir’s testimony, the Government offered into evidence both the advice of rights form signed by defendant (Exhibit B) and the defendant’s written confession (Exhibit A). The court admitted into evidence only the advice of rights form. As to Exhibit A the court stated:

I will reserve my ruling on Exhibit A until I hear further evidence with respect to it. (Tr. 107)

The final government witness was Special FBI Agent Joseph Burke. Burke also testified concerning defendant’s inculpatory statements. (Tr. 113-120) Again, defense counsel did not object to Burke’s testimony.

Following Burke’s testimony, the Government reoffered and the court accepted into evidence the written confession signed by defendant. (Tr. 128) The trial judge simply stated, “It will be admitted into evidence.” (Tr. 128)

Defendant points to the trial court’s failure to expressly determine whether the confession was voluntary as a matter of law as required by Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), and Sims v. Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967). Defendant asserts that since the record as a whole does not [184]*184establish whether or not the trial judge made the requisite ruling, this case should be reversed and remanded for a new trial or remanded for a hearing on this matter.

The Government argues in opposition that the failure to expressly rule on the question of voluntariness is at most a technical error. The Government urges that the trial court’s compliance with the requirements imposed by the Court in Jackson and Sims can be implied from the record.

For the following reasons, we believe that the trial judge adequately fulfilled his responsibilities.

In Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), the Court reviewed the propriety of a New York rule which permitted a trial judge to exclude a confession only if under no circumstances the confession could be deemed voluntary.

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United States v. Efrain Medina A/K/A Frank Medina
552 F.2d 181 (Seventh Circuit, 1977)

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Bluebook (online)
552 F.2d 181, 1977 U.S. App. LEXIS 14152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-efrain-medina-aka-frank-medina-ca7-1977.