United States v. Gilbert

355 F. Supp. 3d 1168
CourtDistrict Court, N.D. Alabama
DecidedOctober 22, 2018
DocketCase Number 2:17-cr-00419-AKK-TMP
StatusPublished

This text of 355 F. Supp. 3d 1168 (United States v. Gilbert) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Gilbert, 355 F. Supp. 3d 1168 (N.D. Ala. 2018).

Opinion

ABDUL K. KALLON, UNITED STATES DISTRICT JUDGE

*1173The Government charged Joel Iverson Gilbert and David Lynn Roberson with six counts1 arising from their alleged conspiracy to bribe Oliver Robinson, a former Alabama state legislator, to take actions to thwart the EPA's proposal to expand the 35th Avenue Superfund Site in north Birmingham and to add the Site to the National Priorities List ("NPL"). Doc. 1. A jury subsequently found the Defendants guilty on all six counts. Docs. 251 and 252. Presently before the court are the Defendants' Motions for Judgement of Acquittal Under Rule 29(c) or, alternatively, for a New Trial Under Rule 33(a). Docs. 266 and 267. After careful review of the briefs and the relevant law, the court finds that substantial evidence supports the jury's verdict and that the motions are due to be denied.

I. LEGAL STANDARD

A district court may overturn the jury's verdict and enter a judgment of acquittal under Rule 29 only "if there is insufficient evidence to sustain the verdict." United States v. Williams, 390 F.3d 1319, 1324 (11th Cir. 2004). When deciding a Rule 29 motion, the "court must view the evidence in the light most favorable to the government, ... resolve any conflicts in the evidence in favor of the government, [ ] and [ ] accept all reasonable inferences that tend to support the government's case." United States v. Ward , 197 F.3d 1076, 1079 (11th Cir. 1999) (citations omitted). "A conviction must be upheld unless the jury could not have found the defendant guilty under any reasonable construction of the evidence." United States v. Frank, 599 F.3d 1221, 1233 (11th Cir. 2010) (quotation omitted). Because the jury is "free to choose between or among the conclusions to be drawn from the evidence presented at trial," the evidence "need not rebut all reasonable hypotheses other than guilt." United States v. Miranda, 425 F.3d 953, 959 (11th Cir. 2005) (quotation omitted).

II. ANALYSIS

Roberson argues for an acquittal or new trial on five grounds: (1) the joint trial of this case unfairly prejudiced his advice of counsel defense, (2) there was insufficient evidence that Robinson performed any official acts, (3) there was insufficient evidence of Roberson's corrupt or fraudulent intent, (4) the court's jury instructions were erroneous and prejudicial, and (5) the verdict is contrary to the weight of the evidence. Doc. 266. Gilbert joins in Roberson's second, fourth, and fifth arguments. Doc. 267. The court addresses first the two arguments that pertain only to Roberson's motion and then the Defendants' collective remaining arguments.

A. Whether the Joint Trial Unfairly Prejudiced Roberson's Advice of Counsel Defense

As his first contention of error, Roberson renews his objection to the court's denial of his motions to sever.2

*1174Roberson contends that the joint trial substantially prejudiced his defense because, in order to protect Gilbert's rights under the Confrontation Clause, the court precluded Roberson from introducing a purportedly exculpatory portion of his pre-indictment interview with the FBI. Doc. 266 at 25; see also doc. 284 at 71-74; Bruton v. United States , 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Roberson contends that the omitted portion would have been admissible in a separate trial under the rule of completeness. Doc. 266 at 25, 27-29.

At issue here is a redacted version of FBI Agent Ashley Hunt's written summary of Roberson's interview with the FBI. Doc. 284 at 13-28. The redacted summary that Agent Hunt read into evidence omitted the highlighted sentences from the following paragraph:

After the Hubbard trial, Roberson considered what they were doing, i.e., contracting with a state representative, in light of the ethics law but determined that the area targeted by the campaign was not in Robinson's district. Roberson stated that they (Drummond) have always been very careful, and he (Roberson) has a reputation to maintain. Roberson had a conversation with Gilbert about ethics considerations. Roberson wanted to know if it was a problem for him (Roberson) to be associated with the effort because he was a lobbyist. Gilbert later told Roberson that he checked with Greg Butrus and Chad Pilcher at Balch, and there was no problem with what they were doing.

Doc. 266-2 at 7 (emphasis added); see also doc. 284 at 20. The court allowed Agent Hunt to read only the first two sentences, doc. 284 at 20, excluding the rest of the paragraph pursuant to Bruton to protect Gilbert's right to confront his accusers, id. at 71-74. Roberson argues that the decision violated the rule of completeness and substantially prejudiced his advice of counsel defense.

Under the rule of completeness, which is memorialized in Rule 106 of the Federal Rules of Evidence, "the exculpatory portion of a defendant's statement should be admitted if it is relevant to an issue in the case and necessary to clarify or explain the portion received." United States v. Baker , 432 F.3d 1189, 1223 (11th Cir. 2005), abrogated on other grounds by Davis v. Washington , 547 U.S. 813, 821, 126 S.Ct. 2266, 165 L.Ed.2d 224 (2006) (citations omitted). However, "when multiple defendants are involved and statements have been redacted to avoid Bruton

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Bluebook (online)
355 F. Supp. 3d 1168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gilbert-alnd-2018.