United States v. Isaac Lamont Holt

817 F.2d 1264, 1987 U.S. App. LEXIS 5567, 23 Fed. R. Serv. 22
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 28, 1987
Docket85-2829
StatusPublished
Cited by27 cases

This text of 817 F.2d 1264 (United States v. Isaac Lamont Holt) 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. Isaac Lamont Holt, 817 F.2d 1264, 1987 U.S. App. LEXIS 5567, 23 Fed. R. Serv. 22 (7th Cir. 1987).

Opinion

RIPPLE, Circuit Judge.

Appellant, Isaac Lamont Holt, was indicted for conspiracy to rob a bank insured by the Federal Deposit Insurance Corporation, bank robbery, abetting the carrying of a firearm while robbing a bank, and the knowing possession of money stolen from a bank. He was found guilty on all of these counts and was sentenced to eight years incarceration. Appellant claims that the erroneous admission of several items of evidence and the misconduct of the prosecution denied him a fair trial. He further argues that there was insufficient evidence to support his conviction. We find appellant’s contentions to be without merit. Therefore, we affirm the judgment of the district court.

I

On January 28, 1985, three men robbed the branch of the American National Bank at the corner of LaSalle Street and Wacker Drive in downtown Chicago. Approximately $24,000 was stolen. The three men escaped in a car that had been parked on Lower Wacker Drive and that was driven by a fourth man. Three men, Carlos Williams, Donald Sturges, and Steven Sturges, were arrested in connection with the robbery. Each of these three men entered a plea agreement with the government. They all identified Mr. Holt as the mastermind behind the robbery and as the driver of the getaway car. Eventually, charges were brought against Mr. Holt and he was brought to trial.

A. The Government’s Case

More than thirty witnesses testified at Mr. Holt’s trial. The government presented testimony from the other perpetrators, Carlos Williams, Donald Sturges, and Steven Sturges, regarding Mr. Holt’s participation in the planning and execution of the robbery. The government also presented evidence regarding Mr. Holt’s poor financial situation. Donald Sturges testified that Mr. Holt had written checks on his *1267 father’s account (Gumption Productions account) that he had to repay. A handwriting expert also testified that several checks payable to Mr. Holt on the Gumption Productions account were written in Mr. Holt’s hand; his father’s signature had been traced on them. Finally, the government presented evidence that the checks used by Mr. Holt were taken from the back of the checkbook in reverse order.

The government also called the security manager from the Westlake Community Hospital, who testified that Mr. Holt had previously worked as a security guard at the hospital. The security manager from the American National Bank testified that appellant had worked as a security guard for the Bank and had worked at the LaSalle and Wacker branch on several occasions. One of the Bank’s tellers, Denise Temoir, testified that appellant had been in the Bank about four days before the robbery. Finally, just prior to resting its case, the government presented a portion of appellant’s grand jury testimony, in which appellant claimed that he had not been to the Bank for approximately one month pri- or to the robbery.

B. The Defense

Mr. Holt offered testimony from a number of witnesses including several members of his family. Most of the issues raised by appellant stem from the government’s cross-examination of the witnesses called by Mr. Holt. Mr. Holt’s father testified that his son had permission to write checks on the Gumption Productions account. He also testified as to Mr. Holt’s whereabouts on the day of the robbery. On cross-examination, he was asked whether he had tried to discourage appellant’s wife from testifying before the grand jury. Gerri Franks, Mr. Holt’s former girlfriend and Geraldine Baldwin Holt, his wife, also testified.

Mr. Holt also testified on his own behalf. He stated that Donald Sturges had approached him twice asking for information about the Bank’s security systems, and that he tried to dissuade Donald Sturges from getting involved in any bank robbery scheme. Tr. at 1467-70. Furthermore, appellant claimed that, on the date that the others “cased” the Bank, he was at his mother’s house for a family dinner. Tr. at 1479-80. Finally, Mr. Holt testified that, at the time the bank robbery occurred on January 28, he was working with his father. Tr. at 1486-87.

C. Rebuttal

After Mr. Holt testified, the government called several witnesses to rebut his testimony. The government called a clerk from Westlake Community Hospital who testified that certain checks had been stolen from her file cabinet. It also called the security manager who testified about appellant’s last day of work, which the government claims coincided with the theft of the checks. The government also recalled Denise Temoir who testified that Mr. Holt had tried to pass a check at her teller window four days before the robbery. She described the check as being a business check from the suburbs, with a white background and either yellow or green on it. She also testified that the name of the payee had been altered. Tr. at 1688-89.

D. Appeal

On this appeal, Mr. Holt raises several challenges to his convictions. First, he claims that the trial court abused its discretion by allowing the prosecution to introduce evidence of his misconduct that was unrelated to the charges made against him. He argues that the prosecution did so to show appellant’s bad character. He argues that the danger of prejudice to him as a result of the admission of this evidence substantially outweighed the probative value of the evidence. Furthermore, Mr. Holt contends that the court should have given a limiting instruction with respect to this evidence. He also maintains that the government improperly put his character in issue with some of this “other wrongs” evidence. Second, Mr. Holt claims that he was denied a fair trial as a result of several instances of prosecutorial misconduct. Finally, Mr. Holt argues that there was insufficient evidence to support his convictions.

*1268 II

Prior Misconduct

Over appellant’s objection, the following items of evidence were introduced at trial: 1) that checks were missing from Westlake Community Hospital, where appellant had worked as a security guard, and that appellant had tried to cash one of these checks at the Bank; 1 2) that appellant had written unauthorized checks on the Gumption Productions account; 3) that appellant had signed his brother’s name to a lease application; and 4) that appellant had signed and used checks that had been reported missing by his wife. Appellant argues that he suffered further prejudice because the prosecution emphasized this misconduct in its closing argument and because the trial court gave no limiting instruction regarding this evidence of misconduct. Appellant thus asks this court to review the evidentiary rulings of the district court. Such rulings are a matter left to the sound discretion of the trial court, and they are therefore accorded great deference. United States v. Levy, 741 F.2d 915, 924 (7th Cir.), cert. denied, 469 U.S. 1021, 105 S.Ct. 440, 83 L.Ed.2d 366 (1984). We shall only overrule such determinations upon a showing that the trial court has abused its discretion. United States v. Johnson,

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Bluebook (online)
817 F.2d 1264, 1987 U.S. App. LEXIS 5567, 23 Fed. R. Serv. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-isaac-lamont-holt-ca7-1987.