United States v. James Arthur Parker, United States of America v. Melvin Ward, United States of America v. Bobby Todd

622 F.2d 298
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 23, 1980
Docket79-1728, 79-1730 and 79-1746
StatusPublished
Cited by20 cases

This text of 622 F.2d 298 (United States v. James Arthur Parker, United States of America v. Melvin Ward, United States of America v. Bobby Todd) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. James Arthur Parker, United States of America v. Melvin Ward, United States of America v. Bobby Todd, 622 F.2d 298 (8th Cir. 1980).

Opinions

HEANEY, Circuit Judge.

These consolidated appeals come to us from the United States District Court for the Western District of Missouri. Melvin Ward, Bobby Todd and James Parker each appeal from jury verdicts of guilty on counts of robbery, felony murder and premeditated murder. We affirm the convictions of Ward and reverse the convictions of Todd and Parker.

I

THE FACTS

On April 30,1977, a hunter discovered the necrotic remains of Frederick E. Williams in a remote wooded area within the confines of Fort Leonard Wood, Missouri. Williams had been a private first class in the army stationed at Fort Leonard Wood. He had returned from Christmas leave on January 2, 1977, but his whereabouts had been unknown since about January 5, 1977.1

On May 2, 1977, Dr. Gerald A. Rappe, an army pathologist, performed an autopsy and determined that Williams had been dead for at least six weeks to two months. He also discovered “a massive hole lined by a real straight line fracture” in the right side of Williams’ skull. He determined that this hole was not the result of natural decomposition but rather was the result of a “horrendous blow” struck from behind with a “long * * * lean instrument, * * * a heavy unyielding instrument, like a pipe or a tire iron or something very strong and very unyielding.” He could not positively determine, however, whether the blow had been struck before or after death and he listed the cause of death as unknown. Nevertheless, he noted that the skull fracture was “extremely suspicious, * * * most probably man made and * * * most probably a lethal fracture if made prior to death.”

Almost two years after Williams’ body was found, each of the three defendants [300]*300now before us gave statements variously implicating themselves and each other in the events leading to the death of Williams. Each admitted to being present at the recreation center on the fort in early January, 1977, when the robbery of Frederick Williams was planned. They all admitted to traveling with Williams by car off the base to the Birdland Lounge on the pretense that Todd was to pick up marijuana to sell to Williams. All agreed that at the moment they were getting into the car to leave the Birdland Lounge, Ward hit Williams on the head with a tire iron. All further agreed that thereafter they returned to the fort, drove to a remote area and hauled Williams out into the woods where he was left. Their statements differed, however, as to whether money was taken from Williams while he was on the base, and whether he was alive when abandoned. These matters bear on essential elements of the federal crimes charged.

On June 29, 1979, the district court consolidated for trial the indictments against Ward, Todd and Parker. The defendants’ motions for severance were denied and their cases were jointly tried to a jury. All of their statements were read to the jury, each with instructions that the statement could be used as evidence only against the issuing defendant. All of the statements were partially redacted; the names of the codefendants were erased and replaced with letters. None of the defendants testified at trial. The jury returned verdicts against all three defendants on the three charges submitted.2

II

THE BRUTON-PARKER ISSUE

The principal issue raised on appeal is whether the trial court erred in refusing to sever these cases before trial and in admitting statements by nontestifying codefendants at their joint trial. All three defendants raise this issue and argue that their Sixth Amendment right to confront the witnesses against them was violated by the introduction of the statements of codefendants who refused to take the stand.

In Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), the Supreme Court established the general principle that the admission in a joint trial of the “powerfully incriminating extrajudicial statements of a codefendant” not subject to cross-examination impermissibly infringes on the constitutional rights of other defendants. Id. at 135-136, 88 S.Ct. at 1628. The protective instruction to the jury that the statement could be used only against its issuer was held insufficient to cure the defect: “[W]e cannot accept limiting instructions as an adequate substitute for petitioner’s constitutional right of cross-examination.” Id. at 137, 88 S.Ct. at 1628.

In Harrington v. California, 395 U.S. 250, 89 S.Ct. 1726, 23 L.Ed.2d 284 (1969), it was established that a Bruton error, the admission of the statement of a nontestifying codefendant, might nevertheless not require reversal if the error was harmless beyond a reasonable doubt. This harmless error doctrine has also been invoked in cases involving so-called “interlocking confessions.” See Schneble v. Florida, 405 U.S. 427, 92 S.Ct. 1056, 31 L.Ed.2d 340 (1972), and United States v. Walton, 538 F.2d 1348 (8th Cir.), cert. denied, 429 U.S. 1025, 97 S.Ct. 647, 50 L.Ed.2d 628 (1976).3 In such cases, we must determine, in the light of the Harrington/Schneble standard, whether “there is a reasonable possibility that the improperly admitted evidence contributed to the conviction.” Schneble v. Florida, supra, 405 U.S. at 432, 92 S.Ct. at 1060. If so, [301]*301the conviction must be reversed. If not, the conviction may be affirmed.

In Parker v. Randolph, 442 U.S. 62, 99 S.Ct. 2132, 60 L.Ed.2d 713 (1979), the Supreme Court again faced the Sixth Amendment questions presented by interlocking confessions. Four of the Justices appeared willing to forsake the harmless error inquiry for the broader proposition that the admission of interlocking confessions with proper limiting instructions simply does not violate the Constitution. Id., at 69- 75, 99 S.Ct. at 2137-2140, 60 L.Ed.2d at 721-725 (Rehnquist, J., with Burger, C. J., Stewart, J. and White, J.). They distinguished the interlocking confession situation from the Bruton ease primarily on the theory that the right to cross-examination would never be of value when the defendant had admitted his own guilt. Id., at 72, 99 S.Ct. at 2139, 60 L.Ed.2d at 723. They did not, however, attempt to delineate when statements given by codefendants would be sufficientlyhinterrelated and inculpatory to become “interlocking confessions.”

Four other Justices adhered to the harmless error analysis. Id. at 77, 99 S.Ct. at 2141, 60 L.Ed.2d at 726 (Blackmun, J., concurring in part); Id. at 80, 99 S.Ct. 2143, 60 L.Ed.2d 728 (Stevens, J., with Brennan, J. and Marshall, J., dissenting).4 Justice Blackmun underscored the need for a flexible harmless error approach in order to protect the rights of those defendants who are unfairly prejudiced by inadmissible evidence.

The fact that confessions may interlock to some degree does not ensure, as a per se matter, that their admission will not prejudice a defendant so substantially that a limiting instruction will not be curative.

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Bluebook (online)
622 F.2d 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-arthur-parker-united-states-of-america-v-melvin-ca8-1980.