United States v. Raymond Louis Stabler

490 F.2d 345, 1974 U.S. App. LEXIS 10691
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 8, 1974
Docket73-1261
StatusPublished
Cited by33 cases

This text of 490 F.2d 345 (United States v. Raymond Louis Stabler) 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. Raymond Louis Stabler, 490 F.2d 345, 1974 U.S. App. LEXIS 10691 (8th Cir. 1974).

Opinions

HEANEY, Circuit Judge.

Raymond Louis Stabler, an eighteen-year-old enrolled member of the Omaha Indian Tribe of Nebraska, was indicted for the first degree murder of Dennis Kenton Thomas, also of the Omaha [347]*347Tribe, on the Omaha Reservation in violation of 18 U.S.C. §§ 1111 and 1153. He was tried before a jury, found guilty of second degree murder and sentenced under the Youth Corrections Act for treatment and supervision for fifteen years or until discharged. From that judgment, the defendant brings this appeal.

On the morning of September 19, 1972, a burning car with a dead body in it was found on the reservation near the Mormon Church in Macy, Nebraska. The body was burned severely and was not identified.

On September 18, Christine Mitchell, Leon Thomas and Dennis Thomas had been drinking heavily in several towns in the area, using Christine Mitchell’s car for transportation. A number of friends and relatives joined and left the group at various times; but late that evening, the Thomases, Mitchell and two twelve-year-old children returned to Macy. The car stalled before reaching Macy, and was pushed to that community and left near the Mormon Church. Christine Mitchell, Leon Thomas and the two children left the car at that point. There is some evidence that Dennis Thomas had passed out in the car before reaching Macy, but the evidence is conflicting as to whether he remained in the car after the others left.

On September 18, the defendant was also drinking heavily with another group. Their drinking took place principally in the home of the defendant’s sister, Arlene Grant. That night, as the group returned on foot to Arlene Grant’s after securing more liquor, they saw an automobile parked near the Mormon Church. They stopped and observed that someone was in the back seat of the car. The defendant opened the door of the parked car and peered inside. He may or may not have searched the pockets of the occupant. The car was discovered burning four or five hours later.

On September 21, 1972, Officer Lawrence Gilpin of the Bureau of Indian Affairs arrested the defendant on a charge unrelated to this case. When apprehended, the defendant volunteered to Gilpin that he had killed Dennis Thomas and set fire to the ear. He was taken to the Macy jail and, subsequently, gave full confessions to Officer Delmer K. Eastman of the Bureau of Indian Affairs and to F.B.I. agents. At trial, the defendant admitted making the confessions, but disavowed their content.1

On appeal, the defendant alleges thirteen separate errors by the trial court as grounds for the reversal of his conviction. We need only consider three in detail: (1) that the court erred in admitting testimony concerning footprints; (2) that the court erred in admitting a certain bloodstained jacket; and (3) that the court erred in denying defendant’s motions for acquittal. We reverse and remand.

[348]*348 The Footprints in the Cornfield.

Two government witnesses testified that they found footprints in a cornfield adjacent to the Mormon churchyard two days after the fire occurred. No casts were made of the tracks and no photographs of them were taken. The witnesses both conceded that there was no way to identify the prints as belonging to the defendant. Moreover, one government witness admitted on .cross-examination that there “was a large crowd” present at the scene after the fire on September 19, and the area was not roped or fenced off. The trial court appears to have permitted the testimony on the theory that it tended to corroborate a statement by the defendant to law enforcement officers that after setting the car on fire, he ran into a cornfield. The trial court stated:

The jury will understand that this witness has not testified, and you are not to consider that any footprints which were observed in the cornfield were made by the defendant. The fact that there were footprints as opposed to an absence of footprints, however, I leave to you for your consideration.

In our view, it was error to admit the testimony. We said in McDonnell v. United States, 455 F.2d 91, 95 (8th Cir. 1972):

It is competent to present to the jury the character of footprints and shoes only where it has been established that the footprints and shoes are distinctive enough to afford reliable comparison. * * * Such comparison is essential to show a connection between the defendant and the prints, thereby providing the relevancy required for admission into evidence.

We see no reason to depart from that reasoning here. The offered evidence had only one purpose and that was to persuade the jury that the footprints were those of the defendant. The fact that the evidence would also tend to corroborate the defendant’s confessions is no reason for departing from McDonnell. To do so would lead to the absurd result that irrelevant and highly prejudicial evidence could be used to corroborate a confession and, thus, increase the probability of conviction, while it could not be used to support a conviction absent a confession.

The Bloodstained Jacket.

F.B.I. Agent Earl J. Webb testified that on September 21, 1972, the defendant stated that he was wearing “an army field jacket” on the night of the fire, but that his brother now had it. A police officer obtained an army field jacket from the defendant’s brother and the defendant identified it in the presence of Agent Webb. At trial, the defendant denied that he had ever worn the jacket. The trial court admitted the jacket over the objection of the defendant. Agent P. Rene Bidez, Chief of the F.B.I. Serology Unit, testified that he examined the jacket and found a % by Viath inch human bloodstain (less than two milligrams of blood) on the right cuff. He stated that all the blood was consumed in the experiments conducted to determine if the blood was of human origin and, therefore, “there was no grouping made.” This testimony was allowed over the defendant’s objection. The defendant’s expert, Dr. Irving H. Bernstein, testified that even the small quantity of blood found on the jacket “could have been typed for grouping.” The only evidence connecting the defendant with the jacket was his confession. The government did not introduce any other evidence which tended to establish that the defendant had worn the jacket on the night of the fire or that he had ever worn the jacket. The government argues that the jacket and the testimony of Agent Bidez were offered to corroborate the defendant’s confessions. These confessions included the assertion that he had stabbed Dennis Thomas in the neck before setting fire to the car. There was no physical evidence, how[349]*349ever, which indicated that the occupant of the car had been stabbed.2

In light of all the circumstances, we feel that it was error to admit the jacket and to permit Agent Bidez to testify that he found blood on the right cuff of the jacket. Not only was the evidence of doubtful relevancy, but its probative value was substantially outweighed by the danger of unfair prejudice to the defendant. See,

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Cite This Page — Counsel Stack

Bluebook (online)
490 F.2d 345, 1974 U.S. App. LEXIS 10691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-raymond-louis-stabler-ca8-1974.