United States v. Mark William Samples

456 F.3d 875
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 27, 2006
Docket04-3863
StatusPublished
Cited by28 cases

This text of 456 F.3d 875 (United States v. Mark William Samples) 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. Mark William Samples, 456 F.3d 875 (8th Cir. 2006).

Opinions

GIBSON, Circuit Judge.

Following a jury trial, Mark Samples was convicted of robbing a credit union in violation of 18 U.S.C. § 2113(a) and brandishing a firearm during a crime of violence in violation of 18 U.S.C. § 924(e)(l)(A)(ii). He also pleaded guilty to and was convicted of failing to appear for trial in violation of 18 U.S.C. § 3146(a)(1). After denying Samples’s motion for a new trial, the district court1 sentenced him to eleven years’ imprisonment. Samples does not challenge his conviction for failure to appear for trial, but he appeals from the district court’s denial of his motion for a new trial on the first two counts. He argues that he was deprived of a fair trial by the prosecutor’s improper and prejudicial use of three categories of evidence: (1) evidence of his flight as consciousness of guilt; (2) evidence elicited in violation of Rule 704(b); and (3) evidence of his release status. We affirm.

I.

On May 3, 2001, Samples robbed the Red Wing Credit Union at gun point. The gun was fully loaded and he had placed tape over the serial numbers. Samples took about $70,000, which he carried in his arms while fleeing on a bicycle he had purchased the day before. The bicycle crashed while he was riding down a steep hill, causing him to drop the money and the gun. Samples gathered up $10,500 and made his way to a place near the Mississippi River where he had stowed scuba gear. Samples put on his gear and tried to cross the river without success. He stayed in the water for about eight hours before making his way back to where he had parked his car. FBI agents identified Samples as the original purchaser of the gun dropped at the scene of the robbery. When interviewed about the robbery by two FBI agents at his home on May 8, Samples claimed that the gun had been stolen from him in a burglary. Later that day, Samples admitted himself to the psychiatric ward at the Veteran’s Affairs Hospital. From the locked ward, he called one of the agents and confessed to the crime.

Samples pled guilty to one count of credit union robbery in August, but he withdrew from the plea agreement eight months later. He then pled not guilty to a superseding indictment and filed a notice of his intention to assert the defense of insanity. After Samples violated the conditions of his bond, a bench warrant for his arrest was issued on June 3, 2002. Samples fled the jurisdiction with his son and was found and arrested 15 months later in Ohio.

At trial, Samples argued that he was not guilty by reason of insanity. He claimed that the combination of his post-traumatic stress disorder and major depression, along with the side effects of the drug Interferon that he was taking for Hepatitis, made him suicidal and delusional at the time of the robbery. Samples testified [878]*878that after he started taking Interferon, his depression level “really plummeted” and he “started to have episodes where I would think really bizarre things, very disturbing things.” He began to believe that his wife was trying to poison him and considered killing her, before resolving to take his own life instead. Samples testified that he decided to rob the credit union to provide for his wife and son, and stated that he carried a gun during the robbery because he was planning to kill himself afterwards. Samples testified that when he entered the bank, “I knew it was absolutely the right thing to cío. I never doubted it for a second.” It was not until three or four hours after the robbery that Samples claimed he realized what he had done was wrong.

Dr. Charles Peterson, Samples’s treating psychologist, testified that Samples first sought help for depression at the Veteran’s Affairs Hospital in March 2000. He was seen in the urgent care area and referred to the post-traumatic stress recovery program, where he was ultimately diagnosed with major depressive disorder and chronic post-traumatic stress disorder. These were traced to an event during Samples’s naval service in the Persian Gulf in 1987, in which he survived a missile attack on his ship. Thirty-seven of his fellow crew members died in the attack. Samples received the Navy and Marine Corps Medal for Heroism as a result of his actions that day. The following citation for the award was read to the jury:

U.S.S. Stark was struck by two Iraqi air to surface missiles resulting in a mass conflagration, complicated by flooding and' battle damage[.][W]ithout regard for his own personal safety, Petty Officer Samples moved several Stinger missiles out of fires that were spreading to the 03 level. He went below decks to investigate the missile magazine and found that the sprinkling system was inoperative. He sat inside of the magazine for 15 hours using a fire hose to cool the missiles and fill the magazine with water, thus preventing them from exploding.

One of Samples’s shipmates testified to this occurrence, as did Samples. Dr. Peterson testified that Samples reacted to this traumatic incident with horror and helplessness, had recurrent nightmares of the event, and displayed numbing, avoidance, and hyper-arousal symptoms. Dr. Peterson testified that these symptoms had disrupted Samples’s functioning in “almost every sphere of his life,” and thus Samples met all the diagnostic criteria for post-traumatic stress disorder.

Dr. Peterson, as well as the two psychiatrists who testified at trial, agreed that Samples’s mental health condition worsened as a result of his participation in an epidemiological study held by the Veteran’s Affairs Hospital for service members with Hepatitis C. Samples was approved for treatment in the study in September 2000 despite the fact that the drug being used, Interferon, was known to exacerbate the effects of pre-existing mental illnesses. Dr. Peterson testified that by October, Samples’s depression was “spiraling out of control” and that he was “really dysfunctional in all spheres,” as well as entertaining suicidal thoughts. In January 2001, Samples stopped coming to the post-traumatic stress disorder clinic for his appointments. Dr. Peterson met with Samples after the robbery in May and testified that “at that point he had lost touch with present reality and had slipped into a different reality of the horror on the U.S.S. Stark.” When Samples was discharged from the psychiatric ward at the VA Hospital he scored a 25 out of 100 on a global assessment of functioning, which Dr. Peterson testified is the level of “patients who are [879]*879psychotic, who do not know right from wrong.”

Dr. Coleman Smith, a hepatologist with extensive experience with Interferon treatment, testified that he would not have treated a patient with Samples’s history of mental illness with Interferon without close monitoring by a psychiatry staff. Furthermore, based on his reading of the record he concluded that it was “more likely than not” that the Interferon was causally related to the credit union robbery. Dr. Stanley Rosenberg, a psychiatrist whose research included the treatment of mentally ill patients with Hepatitis, also testified for the defense. He testified that Samples’s symptoms were consistent with those reported in the literature on Interferon, and that at the time of the robbery, Samples was suffering from acute delusional symptoms, thinking illogically, and totally suicidal.

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Bluebook (online)
456 F.3d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mark-william-samples-ca8-2006.