United States v. Mark A. Thomas and Sabrina A. Richards, A/K/A Sabrina A. Riggs

11 F.3d 1392, 39 Fed. R. Serv. 1420, 1993 U.S. App. LEXIS 32755
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 15, 1993
Docket92-3931, 93-1027
StatusPublished
Cited by45 cases

This text of 11 F.3d 1392 (United States v. Mark A. Thomas and Sabrina A. Richards, A/K/A Sabrina A. Riggs) 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. Mark A. Thomas and Sabrina A. Richards, A/K/A Sabrina A. Riggs, 11 F.3d 1392, 39 Fed. R. Serv. 1420, 1993 U.S. App. LEXIS 32755 (7th Cir. 1993).

Opinion

FOREMAN, Senior District Judge.

These consolidated appeals arise from charges filed against the defendants in the armed robbery of the School Employees Credit Union in Sterling, Illinois. Mark Anthony Thomas pled guilty to two counts of an indictment charging him with aggravated robbery and use of a firearm during a crime of violence in violation of 18 U.S.C. §§ 2113(a) & (d), 924(c). Sabrina A. Richards, who goes by her maiden name of Sabrina Riggs, was convicted after a three-day trial on charges of aiding and abetting Thomas in both of these crimes.

Thomas was sentenced to a 100-m'onth term of incarceration. On appeal, he challenges the district court’s decision to enhance his sentence under the federal Sentencing Guidelines for obstruction of justice. Riggs, who received a 135-month sentence, contends that the district court erred in refusing to suppress statements she gave to the case agents regarding her involvement in the robbery and in refusing to allow her to present certain testimony and exhibits relating to her coercion defense. For the reasons stated below, we affirm.

Facts

Thomas and Riggs robbed the School Employees Credit Union at approximately 7:30 a.m. on January 15, 1992, as an employee was in the process of opening the facility. Riggs remained outside in the ear while Thomas, wearing a mask, forced his way into the building with the employee and demanded that she turn over the money in the credit union’s master drawer. When Thomas fled the facility with the money, he got back into the car and the pair drove back to Thomas’s apartment at the Jul’s Motel. Both Thomas and Riggs have admitted their involvement in the robbery. Riggs, however, asserted that she was coerced into helping Thomas.

During the months leading up to the robbery, Thomas and Riggs were involved in a stormy, and sometimes violent, relationship. Riggs, who had shared an apartment with Thomas for several months during 1991, testified that Thomas had beaten her on numerous occasions. She testified that after she learned that she was pregnant with Thomas’s child in September 1991; Thomas would go so far as to inflict his blows upon her abdomen. Riggs eventually moved back home with her parents in Sterling in October 1991, but would still frequently spend the night with Thomas at the apartment.

Riggs testified that Thomas had threatened to harm her and her unborn child if she refused to assist him in the robbery. However, the government presented evidence that Riggs, who had worked at the credit union for several months during the fall of 1991, had helped plan the robbery from the beginning and was a willing participant.

Riggs was quickly identified as a suspect in the robbery based upon information from a construction worker who had observed Riggs sitting in the ear outside the credit union. As a result, law enforcement officers arrived at the apartment at the-Jul’s Motel within a few hours after the robbery. Federal Bureau of Investigation Special Agent Gary Fuhr and police officer Connie Frank took Riggs outside to a car for questioning. Fuhr testified that he gave Riggs her Miranda rights and they talked for more than 20 minutes. During the conversation, she denied any involvement in the robbery and gave an alibi for her whereabouts that morning.

Fuhr stated that after a restroom break, Riggs informed him that she did not want to talk any further without assistance of legal counsel. Fuhr said he terminated the eon- *1395 Riggs asked him what he would do next. He told her that he intended to cheek out her alibi, and said that she asked him to let her know the results of his investigation.

Riggs testified that officer Frank drove her to the police station and during the ride, Frank suggested that Riggs cooperate with the FBI and to think about the baby she was carrying. Riggs said that at one point, Frank asked her, “How could you do this?” There was no indication that Riggs responded to these statements in any way. Frank was not called to testify during the suppression hearing by either party.

There is conflicting testimony as to what happened after Riggs arrived at the police station and was placed in an interrogation room. Riggs stated that she was under the supervision of police officer Edward Hart and that he and Fuhr assumed a good-cop, bad-cop posture with her. She stated that she was also accessible to numerous other law enforcement officers who initiated communication with her while she was in the interrogation room. But she did not testify as to the content of the communications with any officers other than Fuhr and Hart.

Riggs stated that Hart told her that once she went to jail, her child would be placed in a foster home. Hart’s version of the events differed slightly. He testified that Riggs had asked him a number of questions, particularly about what would happen to her baby. He said he told her, that if a person is in jail when they have a child, the authorities generally try to place the child with a relative. Otherwise, the child would be placed in a foster home.

Riggs stated that she was denied any food until she agreed to provide a statement about her involvement in the robbery. Riggs’s mother testified that she had asked officers to make sure her daughter was given food because she was pregnant. She stated that the officers told her that Riggs would get whatever she wanted after she made a confession. She also stated that officers talking among themselves in the hall had stated that Riggs would not get anything until she signed a confession.

This evidence was contrary to the testimony of both Hart and Fuhr, who stated that they had asked Riggs several times throughout the morning whether she needed anything. She requested a glass of water, but did not ask for food until after she had given her statement. There was no evidence that Riggs was aware of the statements allegedly made to her mother or overheard by her mother.

It is undisputed that at one point during the morning, Fuhr stuck his head into the interrogation room and told Riggs that her alibi did not cheek out. Riggs had told Fuhr that she was paying a bill at a service station at the time that the robbery took place. However, Fuhr informed her that a videotape from the service station showed that she did not arrive there until well after the time of thé robbery. Fuhr stated that he had given this information to Riggs because she had asked him to let her know the results of his investigation. He testified that he merely presented the information and then left the room. Riggs, however, stated that Fuhr then asked her, “What do you say to this?” or “Now you gave us this lie. What more can you give us to prove where you were at ... what are you going to tell us this time?” Riggs apparently did not say anything to Fuhr at that time.

Some time later, Riggs asked Hart what hád happened to Thomas. When told that he was taken into custody, she asked to speak to him. Hart told her that he did not have the authority to allow her to visit with Thomas, but that she would have to obtain permission from Fuhr. Riggs then told Hart that if the FBI would allow her to talk with Thomas, she would give a statement. Hart contacted Fuhr, who readvised Riggs of her Miranda rights, which she acknowledged on an FBI form.

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Bluebook (online)
11 F.3d 1392, 39 Fed. R. Serv. 1420, 1993 U.S. App. LEXIS 32755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mark-a-thomas-and-sabrina-a-richards-aka-sabrina-a-ca7-1993.